ALERTS: UNFAIR COMMERCIAL PRACTICES - ABRUPT RUPTURE - PROOF - CALCULATION OF DAMAGES

Abrupt rupture: The Paris Court of Appeal clarifies the vague notion of an abrupt rupture (Atlis / FL Régie...)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Abrupt break, ad hoc clarifications and conceptual uncertainties* Article L. 442-6, I, 5° is not sufficiently conceptualized and its application is still not consistent, as illustrated by a few selected points in three recent decisions. I. - Is the intended termination abrupt? Need for a written document. According to the judgment n°14/23934, and whereas the author of the termination considers that it is not brutal since its arrival was preceded by several events announcing it, the Court recalls the need for a writing. It thus underlines the indifference of the prior cessation of one of the activities between the parties, the importance of which was 'minor'

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Clémence Mouly-Guillemaud, Abrupt rupture: The Paris Court of Appeal clarifies the vague notion of an abrupt rupture (Atlis / FL Régie...), 13 September 2017, Concurrences N° 4-2017, Art. N° 103651, www.concurrences.com

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