CASE COMMENT : RESTRICTIVE PRACTICES - SUDDEN BREACH OF COMMERCIAL RELATIONSHIPS - FIXED-TERM CONTRACT - SIGNIFICANT IMBALANCE - REQUIRE OF A DIFFERENT DAMAGE

Sudden breach of commercial relationships: The Paris Court of Appeal brings limits to the action exercised concurrently on the foundation of a sudden breach and a significant imbalance (Omnitrade/Poweo Direct Energie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Actions, based both on the abrupt termination of established commercial relations and on the notion of a significant imbalance in the rights and obligations of the parties, are bound to develop. This is evidenced by the case before the Paris Court of Appeal involving Omnitrade and Poweo Direct Energie (hereafter "Direct Energie"). These two companies had entered into three successive brokerage contracts for the supply of electricity and related services, each for a period of one year, all with a four-month trial period. Under the latest contract, signed on 2 June 2009, Omnitrade undertook to reach a threshold of 3,000 subscription forms per quarter,

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Mary-Claude Mitchell, Sudden breach of commercial relationships: The Paris Court of Appeal brings limits to the action exercised concurrently on the foundation of a sudden breach and a significant imbalance (Omnitrade/Poweo Direct Energie), 12 September 2013, Concurrences N° 4-2013, Art. N° 59282, p. 106

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