CASE COMMENTS: DISTRIBUTION – BEER CONTRACTS – QUOTAS – PENALTY CLAUSE

Exclusive supply: The Aix-en-Provence Court of Appeals rejects the qualification of penalty clause when a distributor has to buy the equipment lent by the supplier in consequence of the sales objectives disrespect (Fradays / R. Père et fils)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The beer contract is based on a coherent set of obligations: the supplier invests in the outlet (usually by lending equipment free of charge) and makes sure that his investment is amortised by stipulating a minimum duration and minimum quantities to be reached, thereby satisfying the requirement of consideration laid down in the Civil Code (Art. 1169 and the former article 1131),

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Nicolas Éréséo, Exclusive supply: The Aix-en-Provence Court of Appeals rejects the qualification of penalty clause when a distributor has to buy the equipment lent by the supplier in consequence of the sales objectives disrespect (Fradays / R. Père et fils), 23 June 2016, Concurrences Nº 4-2016, Art. N° 82056, pp. 111-112

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