ALERT: UNILATERAL PRACTICE - ABRUPT TERMINATION OF A BUSINESS RELATIONSHIP - DISTRIBUTION

Abrupt termination of a business relationship: The French judiciary supreme court holds that the exemption conditions set in Regulation CE 1400/2002 do not prevent the application of article L. 442-6 of the French commercial code (BMW/Taurisson)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. On 5 July 2016, the Commercial Chamber of the Court of Cassation handed down an interesting ruling in a case BMW France v. Taurisson and others. Is strict observance of the six-month notice period laid down in Motor Vehicle Regulation EC 1400/2002 such as to frustrate the application of the provisions of the Commercial Code on the abrupt termination of an established commercial relationship? This is the question to which the Court of Cassation gives a clear answer in the present judgment. This answer, which must certainly be approved in law, is negative. When Regulation 1400/2002 was adopted, manufacturers had the possibility to choose to

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Abrupt termination of a business relationship: The French judiciary supreme court holds that the exemption conditions set in Regulation CE 1400/2002 do not prevent the application of article L. 442-6 of the French commercial code (BMW/Taurisson), 5 July 2016, Concurrences Nº 4-2016, Art. N° 82193, www.concurrences.com

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