ALERTS: DISTRIBUTION – COMPETENCE – NULLITY – BUYER POWER – ADMISSIBILITY

Abusive practices: The Saint-Denis de la Réunion court of appeal, out of the list of the specialized juridictions for the purpose of article L. 442-6 of the Fr. Com. Code, rules on the merits of payments for services rendered by a central referencing pool, based on the relevant rules on the written agreement and the binding force of the contract (Sofexi / Profima)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The reported dispute was between Profima, an SEO centre based in La Réunion, whose mission is to list suppliers on behalf of large retailers. On March 22nd , 2007 and then on February 29th , 2008, Profima signed framework commercial cooperation agreements with a supplier, Sofexi, for the supply of goods to Carrefour-branded supermarkets. Pursuant to these contracts, the central office had issued invoices in 2009, which Sofexi refused to honor, claiming that the agreements were null and void on the grounds of non-compliance with the provisions of Article L. 441-7 of the French commercial code in the version applicable at the time. It should be noted that the

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  • Jean-Michel Vertut - Avocat (Montpellier)

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Jean-Michel Vertut, Abusive practices: The Saint-Denis de la Réunion court of appeal, out of the list of the specialized juridictions for the purpose of article L. 442-6 of the Fr. Com. Code, rules on the merits of payments for services rendered by a central referencing pool, based on the relevant rules on the written agreement and the binding force of the contract (Sofexi / Profima), 5 July 2019, Concurrences N° 4-2019, Art. N° 92621, www.concurrences.com

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