Significant imbalance: The Paris Court of Appeal extends the scope of Article L. 442-6 I 1° concerning the control of controllable benefits (Gelco / EMC Distribution)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Significant imbalance and manifest disproportionality: same battle!* Article L. 442-6, I, C. com. currently contains two redundant provisions: the 1° which punishes the fact of " obtaining or attempting to obtain from a commercial partner any advantage whatsoever which does not correspond to any commercial service actually rendered or which is manifestly disproportionate with regard to the value of the service rendered " and the 2° which prohibits " subjecting or attempting to subject a commercial partner to obligations which create a significant imbalance in the rights and obligations of the parties." Indeed, since the Court of Cassation admits that " the