CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREACH OF ESTABLISHED COMMERCIAL RELATIONSHIPS – INTERNATIONAL DISTRIBUTION AGREEMENT – PROVISION RELATING TO THE APPLICABILITY OF A FOREIGN LAW – ENFORCEABILITY

International distribution agreement: The French Supreme Court considers that a contractual provision submitting future litigations to a foreign law has to be applied to an action relating to a sudden breach of commercial relationships (Bugaboo International c/ Gamin Tout Terrain)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Can the effects of Article L. 442-6, I, 5° C. com. be set aside on the occasion of the termination of an international distribution contract which provides for the applicability of foreign law in the event of a dispute? It is on this thorny issue that the judges of the Court of Cassation addressed themselves in the commented judgment handed down on 21 June 2017. The facts of this case are relatively standard. The Dutch company Bugaboo International ("Bugaboo") has entrusted the French company Gamin Tout Terrain ("GTT") with the exclusive distribution of its products in France. Under this relationship, three successive fixed-term contracts have been

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Mary-Claude Mitchell, International distribution agreement: The French Supreme Court considers that a contractual provision submitting future litigations to a foreign law has to be applied to an action relating to a sudden breach of commercial relationships (Bugaboo International c/ Gamin Tout Terrain), 21 June 2017, Concurrences N° 4-2017, Art. N° 85199, pp. 120-121

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