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28 May 2019

Main changes brought about by the Ordinance on transparency, practices that restrict competition and other prohibited practices dated April 24, 2019

Article 17 of the Law for the balance of trade relationships in the agricultural and food industry of October 30, 2018 (known as the “EGalim” Law) authorized the French Government to recast by means of an ordinance Title IV of Book IV of the French Commercial Code on transparency, practices that restrict competition and other prohibited practices.

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30 April 2019

Termination of a business relationship without suddenness: Recent case law illustrations

In two decisions issued on the same day, the Commercial Chamber of the Cour de Cassation (French Supreme Court) provided two illustrations of situations in which it can dismiss a claim for sudden breach of an established business relationship.
These two decisions are worth noting in a case law landscape where this concept defined by Article L. 442-6 I 5e of the French Commercial Code and relied upon on a recurrent basis before the courts, frequently results in a judgment being entered against the breaching party.

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29 March 2019

Disparagement: Freedom of expression must be further taken into account

In a recent decision, the Commercial Chamber of the Cour de Cassation (French Supreme Court) has qualified the conditions for the application of disparagement by incorporating the right to freedom of expression in its reasoning. This case-law development is not neutral for economic players likely to be confronted with situations of disparagement in the conduct […]

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22 December 2017

Action for damages for breach of an established business relationship brought in the context of an intra-EU dispute: Action in tort or action in contract?

The action for damages for breach of an established business relationship brought in the context of an intra-EU dispute is not an action in tort if a tacit contractual relationship existed between the parties. This is the principle laid down by the Cour de Cassation (French Supreme Court) in a decision dated September 20, 2017. […]

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