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),