CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - SUDDEN TERMINATION - LIMITATION PERIOD - LIABILITY

Sudden termination: The French Supreme Court specifies the rules of prescription applicable to the sudden termination of commercial relations (Hamel / Établissement Denis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Following a dispute concerning a disturbance on a structure, the company Établissement Denis has terminated its commercial relations with the company Hamel, the termination having been notified by a letter dated September 2, 2009. In a first dispute, the latter made a counterclaim for compensation for its commercial loss on the basis of the former article 1147 C. civ. Not having won its case, on 2 April 2015, the company Hamel sued its partner for damages on the basis of the former article L. 442-6, I, 5° C. com. (now, C. com., art. L. 442-1, II). However, the civil liability action for abrupt termination of the commercial relationship turns out to be short

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Valérie Durand, Sudden termination: The French Supreme Court specifies the rules of prescription applicable to the sudden termination of commercial relations (Hamel / Établissement Denis), 8 July 2020, Concurrences N° 4-2020, Art. N° 97645, pp. 156-157

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