The Paris Court of Appeal declares the nullity of an exclusive distribution agreement for error on the essential qualities of the distributor consisting of his technical and commercial skills (Oriens/ Filorga)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Mistakes about the person of the contracting party or about his essential qualities are rarely accepted as grounds for nullity of the contract. This was the case in the judgment under comment, concerning an exclusive distribution contract. Facts. The company Filorga, a producer of medical devices, concluded in 2013, with the company Oriens, a contract for the exclusive distribution of these products in China, Hong Kong and Macao, for a period of eight years. This contract was terminated in 2014 at the initiative of the supplier, before the latter split into two separate companies, Laboratoires Filorga and Laboratoires Filorga Cosmétiques. In 2017, the