ALERTS: UNFAIR COMMERCIAL PRACTICES – SUDDEN BREAK OF ESTABLISHED BUSINESS RELATIONSHIPS

Sudden termination: The Paris Court of Appeal examines a sudden break of a « gérance-mandat » relationship (Gifi Mag / IDF Management)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Background. One recalls the divergent interpretation, between the Paris Court of Appeal and the Court of Cassation, of the scope of article L. 146-4 C. com, which provides for a termination indemnity where the principal is at the origin of the termination of the contract. Because the former had considered this specific regime to be a derogation from the former Article L. 442-6, I, 5°, now L. 442-1, II, which could not therefore be applied, it was exposed to censure by the latter: since the indemnity compensates for termination but does not relate to preventative measures, it could not derogate from a text specific to this second point (Com., 2 Oct. 2019,

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Clémence Mouly-Guillemaud, Sudden termination: The Paris Court of Appeal examines a sudden break of a « gérance-mandat » relationship (Gifi Mag / IDF Management), 16 September 2020, Concurrences N° 4-2020, Art. N° 98162, www.concurrences.com

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