Evidence: The French Supreme Court specifies that the proof of the absence of submission cannot be based solely or primarily on anonymous statements (GEEPF)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After the recent judgment Google Play the present judgment of the French Supreme Court (n° 19.22-242) published on May 11, 2022 deals again with the delicate issue of the proof of the submission of the significant imbalance within the meaning of Article L. 442-1, I, 2° of the French Commercial Code (formerly Article L. 442-6, I, 2°). The decisive nature of this proof is well known: as submission is one of the two conditions for the implementation of the text, along with the imbalance, if the Minister of the Economy or the contractor fail to establish it, they will be dismissed. As the term "submission" is itself somewhat obscure, case law has clarified that

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  • Caen Normandie University

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Rafael P. Amaro, Evidence: The French Supreme Court specifies that the proof of the absence of submission cannot be based solely or primarily on anonymous statements (GEEPF), 11 May 2022, Concurrences N° 2-2022, Art. N° 107065, www.concurrences.com

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