CASE COMMENT : RESTRICTIVE PRACTICES - SUDDEN BREACH OF COMMERCIAL RELATIONSHIPS - PARTIAL TERMINATION - LENGTH OF NOTICE PERIOD – HARM – DAMAGES

Sudden breach of commercial relationships: The Cour de cassation rules that a reciprocal abandonment of exclusivity, in accordance with the contract’s provisions, does not constitute a partial termination of the commercial relationship (Viti-Loire Babonneau/CNH France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Rendered in the summer period, on July 9, 2013 to be exact, the ruling handed down by the Court of Cassation deserves to hold the attention of the reader, who is sometimes a little disoriented in the face of the abundance of litigation generated by Article L. 442-6-I-5° of the Commercial Code sanctioning the brutal termination of commercial relations. In this decision, which is to be published in the Bulletin des arrêts de la Cour de cassation, the Commercial Chamber partially censured the decision by which a Court of Appeal had refused to accept, on this basis, the claim for damages brought by an exclusive concessionaire against its co-contractor who had

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  • Versailles Saint-Quentin-en-Yvelines University

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Muriel Chagny, Sudden breach of commercial relationships: The Cour de cassation rules that a reciprocal abandonment of exclusivity, in accordance with the contract’s provisions, does not constitute a partial termination of the commercial relationship (Viti-Loire Babonneau/CNH France), 9 July 2013, Concurrences N° 4-2013, Art. N° 59279, p. 105

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