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Business Law

1 December 2013 | Soulier Avocats

Law applicable to disputes arising from commercial agency agreements

There are many legal cases and court decisions concerning commercial agency agreements and national courts will increasingly be asked to adjudicate international commercial agency related disputes.  In May 2013, the Cour de cassation (French Supreme Court) had been called upon to determine the territorially competent court to adjudicate disputes arising from or in connection with […]

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1 October 2013 | Soulier Avocats

Unfair commercial practices: the advertiser, even when acting in good faith, is solely liable in case of misleading commercial practice

There are some situations where – good faith being ineffective – it is absolutely vital to contractually impose on one’s business partners the obligation to fulfill in every respect the promises made to consumers.  Such contractual precautions will at most (but it is always better than nothing!) enable to bring an action against the defaulting […]

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1 July 2013 | Soulier Avocats

Sudden breach of established business relationships: only the duration of the notice period should be taken into account, regardless of any facts or events that occurred after the notification of the breach

Article L. 442-6, I §5 of the French Commercial Code sanctions the fact of suddenly breaching, even partially, an established business relationship. Pursuant to this Article, the sudden termination of a business relationship is characterized by the lack of a notice period or by the application of a notice period that is insufficient given the […]

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