Terminations on the basis of network reorganizations taking place at the time of entry into force of motor vehicle Block Exemption Regulation n° 1400/2002 [1] have given rise to a number of decisions by the ECJ and in the courts of various Member States, and particularly in France. The latest decisions on the question were rendered on 11 September 2008 and give a clear overview of the arguments put forward in these types of cases. The arguments used, which took account of the principles established by the ECJ, were more subtle than those put forward in the first cases challenging terminations for reorganization of networks. The former dealers had developed a whole series of arguments in support of their challenge against termination for reorganization with notice reduced to 12 months
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The Paris Court of Appeal holds lawful reduced 12-month notice period for dealership terminations for substantial network reorganization considered necessary by supplier in order to benefit from exemption under Reg. 1400/2002, provided it can be justified by objective circumstances (DAF Trucks)
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