CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREACH OF ESTABLISHED COMMERCIAL RELATIONSHIPS – FRENCH LAW ON THE MODERNISATION OF THE ECONOMY – PRINCIPLE OF NON-RETROACTIVITY – ACCURACY OF THE LEGAL GROUNDS

French law on the modernisation of the economy: The French Supreme Court considers that French law on the modernisation of the economy is not retroactive and recalls the need to specify legal grounds (Maisoning éco habitat c/ Castorama France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ruling of the Court of Cassation handed down on 5 July 2017 will be of particular interest to practitioners. Its lesson could be that, if legal rigor is not in order with regard to "the fundamentals", the law of restrictive practices, however attractive it may be, could well be a mirror for the larks? In the present case, Castorama had concluded a contract for the provision of services with a company which organised the installation of its products, with a reciprocal exclusivity clause. As the service provider had been sold, an MEH company had been set up to continue its business, in particular the partnership with Castorama. But the negotiations were

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  • University of Aix-Marseille

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Frédéric Buy, French law on the modernisation of the economy: The French Supreme Court considers that French law on the modernisation of the economy is not retroactive and recalls the need to specify legal grounds (Maisoning éco habitat c/ Castorama France), 5 July 2017, Concurrences N° 4-2017, Art. N° 85202, pp. 124-125

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