ALERTS: DISTRIBUTION - FRANCHISING - EXCLUSIVITY CLAUSE

Franchise: The Paris Court of Appeal rules that by the terms of the franchise agreement, the provider benefits from an exclusivity stipulation for another (BMC / BTB)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In 2007, BMC, a franchisee, entered into a 9-year franchise agreement with CDFI for the operation of a bakery business. In this context, it undertakes to obtain its supplies exclusively from BTB. In 2011, the franchisee informs the franchisor that it no longer operates the business under its name. The latter assigns it in unilateral breach of the franchise contract. At the same time, BTB sued him before the Commercial Court of Marseille, which ordered him to pay EUR 287 610 in damages for wrongful termination. The franchised company is placed in compulsory liquidation in 2016. It contested its judgment before the Paris Court of Appeal, essentially arguing

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  • University of Montpellier

Quotation

Anouk Bories, Franchise: The Paris Court of Appeal rules that by the terms of the franchise agreement, the provider benefits from an exclusivity stipulation for another (BMC / BTB), 31 July 2019, Concurrences N° 4-2019, Art. N° 92213, www.concurrences.com

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