CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREACH OF ESTABLISHED COMMERCIAL RELATIONSHIPS – PROPER NOTICE – INFLUENCE OF THE RECONVERSION

Proper notice: The French Supreme Court overrules the decision of the Paris Court of Appeal according to which successful conversion had to be taken into account to appreciate the proper notice of termination (Cargo Lines c/ Carotrans)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. We had recently reported in these columns an original decision of the Paris Court of Appeal (CA Paris, 5-5, Jan. 28, 2016, RG n° 14/13036, Concurrences No. 2-2016, p. 131, obs. F. Buy JCP G 2016, 288, note C. Grimaldi; RTD civ. 2016, 361, obs. H. Barbier) which had entered into resistance against a case law of the Court of Cassation which in principle (see case law cited in F. Buy, L'article L. 442-6, I, 5° du code de commerce, Lamy droit du contrat (dir. B. Fages), 2017, n° 2549; adde F. Buy, M. Lamoureux and J.-C. Roda, Droit de la

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  • University of Aix-Marseille

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Frédéric Buy, Proper notice: The French Supreme Court overrules the decision of the Paris Court of Appeal according to which successful conversion had to be taken into account to appreciate the proper notice of termination (Cargo Lines c/ Carotrans), 5 July 2017, Concurrences N° 4-2017, Art. N° 85200, pp. 121-122

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