CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - PRE-FILLED CONTRACT - LIABILITY CLAUSE

Significant imbalance: The French Supreme Court rules that the acceptance of a pre-filled contract does not constitute a submission, which is a significant imbalance under the Commercial Code (Avenir Telecom / Delta Security Solutions)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This decision marks a strict but logical approach to the concept of significant imbalance between professionals when the prohibition provided for by the Commercial Code is invoked outside the retail sector. The now old facts can be summarized as follows. The company Avenir Telecom, which distributes electronic products and accessories, had concluded, in 2003, a remote surveillance contract for security services

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Jean-Louis Fourgoux, Significant imbalance: The French Supreme Court rules that the acceptance of a pre-filled contract does not constitute a submission, which is a significant imbalance under the Commercial Code (Avenir Telecom / Delta Security Solutions), 7 July 2021, Concurrences N° 4-2021, Art. N° 103442, p. 91

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