CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - SIGNIFICANT IMBALANCE - INTERNATIONAL LITIGATION - MANDATORY RULES

Significant imbalance: The French Supreme Court affirms for the first time that the provisions of the former article L. 442-6 C. com. constitute mandatory rules (Expedia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The reader will no doubt recall the judgment of the International Chamber of the Paris Court of Appeal dated June 3, 2020, which we reported in the previous issue of this column (CA Paris, ch. com., June 3, 2020, No. 19/03758, Concurrences 3-2020, obs. F. Buy). In response to the question whether or not the provisions of the former Article L. 442-6 C. com. were or were not a police law, the specialised Parisian chamber then clearly stated its preference: "if the provisions of Article L. com.442-6, I, 5 of the Commercial Code, which imply that an undertaking established in France does not cause damage by abruptly breaking off an established commercial

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  • University of Aix-Marseille

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Frédéric Buy, Significant imbalance: The French Supreme Court affirms for the first time that the provisions of the former article L. 442-6 C. com. constitute mandatory rules (Expedia), 8 July 2020, Concurrences N° 4-2020, Art. N° 97641, pp. 151-152

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