The principle is not new but deserves to be recalled: A party that breaches its contractual obligations may be held liable not only towards its co-contracting party but also towards third-parties. This was re-affirmed by the Cour de Cassation (French Supreme Court) in a decision issued on October 20, 2015 in connection with a dispute […]
In a judgment dated November 10, 2015, the Cour de Cassation (French Supreme Court) confirmed that late penalties provided for under Article L. 441-6 of the French Commercial Code are to be considered as default interest. As such, these penalties can bear interest, as per Article 1154 of the French Civil Code. Article L. 441-6 […]
Neither the public policy nature of the provisions set forth in Article L. 442-6 of the French Commercial Code nor the exclusive jurisdiction granted to judicial courts to hear restrictive trade practices related cases – including cases concerning the sudden breach of an established business relationship – precludes the use of arbitration to settle disputes […]
To assess the length of an established business relationship and determine the notice period that ought to be applied prior to the effective termination thereof, the length of the business relationship that preceded the sale of a business going concern must not be taken into account wherever it is not demonstrated that the purchaser of […]
The legal status of commercial agents provides notably that a commercial agent is entitled, subject to specific exceptions, to a compensation for the damage suffered as a result of the termination of the relationships with the principal. In a decision dated June 23, 2015, the Cour de cassation (French Supreme Court) recalled that (i) this […]
A company may not use advertising slogans similar to those that have been used by a competitor for several years, for which promotional efforts and investments were made by that competitor, and that are well known to the general public. This is the finding of a decision rendered on June 9, 2015 by the Cour […]
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