CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES – FRANCE - TARIFF CONDITIONS – UNILATERAL AND SUBSTANTIAL MODIFICATIONS

Sudden break: The Paris Court of Appeal rules that a unilateral modification of tariff conditions without any notice period and the cancellation of an exclusivity clause constitute a sudden breach of established commercial relationships (Hammel / Medimat)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The contours of the notion of abrupt termination of established commercial relations have been established over time by case law. It is known that, in accordance with article L. 442-6-I-5° C. com. (now L. 442-1-II), a person who breaks, even partially, an established commercial relationship without giving his partner prior written notice, taking into account the seniority and other circumstances of the relationship, is liable. A first series of decisions, interpreting the notion of partial termination, has made a distinction between a decision that reduces, without justification or sufficient notice, the flow of business previously conducted with a

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Mary-Claude Mitchell, Sudden break: The Paris Court of Appeal rules that a unilateral modification of tariff conditions without any notice period and the cancellation of an exclusivity clause constitute a sudden breach of established commercial relationships (Hammel / Medimat), 11 July 2019, Concurrences N° 4-2019, Art. N° 92390, pp. 120-121

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