CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE - CHOICE OF THE LEGAL BASIS – CONTRACTUAL LIABILITY

Sudden break: The French Supreme Court prohibits lower judges, in accordance with the principle that the judge has an obligation not to distort the writing submitted to him, from deciding on the basis of a sudden breach of commercial relationships whereas the purpose of the request was based on contractual liability (IGA)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The law of unfair commercial practices is now leading practitioners and academics to "revisit the relationship between ordinary law and special law" (J. Klein, Les rapports entre le C. com. et le C. civ, Concurrences No. 3-2019, art. 90980.). Especially in the case of abrupt break-ups, the question arises whether the victim can cumulate or opt out. A few months ago, an important decision of the Cour de cassation thus stated that the principle of non-cumulation of

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  • University of Aix-Marseille

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Frédéric Buy, Sudden break: The French Supreme Court prohibits lower judges, in accordance with the principle that the judge has an obligation not to distort the writing submitted to him, from deciding on the basis of a sudden breach of commercial relationships whereas the purpose of the request was based on contractual liability (IGA), 18 September 2019, Concurrences N° 4-2019, Art. N° 92389, p. 119

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