Lack of reciprocity: The French Supreme Court decides that the contract of the incumbent postal operator, which was never negotiated, is unbalanced in that it leaves it alone to establish proof of compliance with delivery deadlines (La Poste)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Another decision of the Court of Cassation on the imbalance between parties belonging to the distribution sector and whose litigation for once has not been initiated by the Minister of the Economy. This is perhaps the beginning of the recognition of the universal scope of the prohibition of manifestly unbalanced clauses between professionals. The facts are quite common: a company(IRB) specializing in the manufacture and online sale of food supplements and cosmetic products, has used the services of La Poste to send its products to its customers since 2006. Complaining about delays, losses and damages

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Jean-Louis Fourgoux, Lack of reciprocity: The French Supreme Court decides that the contract of the incumbent postal operator, which was never negotiated, is unbalanced in that it leaves it alone to establish proof of compliance with delivery deadlines (La Poste), 11 May 2022, Concurrences N° 3-2022, Art. N° 108116, p. 115

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