CASE COMMENTS: RESTRICTIVE PRACTICES – SUDDEN BREACH

Abrupt concept: The French Supreme Court rules on the conflict between community and national law on the question of the notice period to be granted in case of breach of established commercial relationships and on the compensation for a sudden breach (US Import Export / Sniw)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Strangely, the central condition of the offence of brutal termination of an established commercial relationship was, until now, only imperfectly understood (see, however, the enlightening study by C. Mouly-Guillemaud, "Répercussion de la crise économique, perte de rentabilité d'une relation ou prévisibilité de la rupture : la brutalité en quête de sens", RTD com. 2016, p. 385). What is meant by the formula in Article L. 442-6, I, 5° of the Commercial Code, according to which the perpetrator is liable for breaking "brutally (...)

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  • University of Aix-Marseille

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Frédéric Buy, Abrupt concept: The French Supreme Court rules on the conflict between community and national law on the question of the notice period to be granted in case of breach of established commercial relationships and on the compensation for a sudden breach (US Import Export / Sniw), 6 September 2016, Concurrences Nº 4-2016, Art. N° 82066, p. 125

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