CASE COMMENTS: RESTRICTIVE PRACTICES - FINANCIAL IMBALANCE – RECOVERY OF OVERPAYMENTS - CIVIL FINE

Significant imbalance : The Paris Court of Appeals sanctions a financial imbalance on the basis of Article L. 442-6 -I- 2 of the Commercial Code (GALEC)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a ruling dated 1 July 2015, the Paris Court of Appeal, on appeal by the Minister of the Economy, accepted that Article L. 442-6-I-2° of the French Commercial Code is applicable to end-of-year rebates. The implementation of this rule was challenged in principle by the distributor on the basis of very detailed arguments. The latter, which had moreover won the conviction of the first judges (Trib. com. Paris, 24 Sept. 2013, no. 2011058615 ), argued in particular that "the decision handed down by the Constitutional Council on 13 January 2011 prevents what is expressly excluded from judicial review by Article L. 132-1 of the Consumer Code (the free setting of

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