Distribution

In an opinion dated September 21, 2017 and released in early November, the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee, hereinafter the “CEPC”)[1] ruled on the lawfulness of the payment of year-end rebates provided for in an annual agreement between a supplier and a distributor whereas the requirements applicable for such payment were […]

In a decision dated June 21, 2017[1], the Cour de Cassation (French Supreme Court) ruled that the termination of a distribution agreement during the contractual trial period could not be considered as abusive. It follows from this decision that the parties are free to include in a distribution agreement a trial period during which each […]

On February 23, 2016, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (General Directorate for Competition, Consumer Protection and Frauds, hereinafter “DGCCRF”) released it 2016 activity report. In this report, the DGCCRF – which monitors the proper operation of the markets to the benefit of consumers and businesses […]

The provisions set forth in Ordinance n°2016-131 of February 10, 2016 for the reform of contract law, the general regime of obligations and proof of obligations (the “Ordinance”) will come into force on October 1, 2016 and apply to all contracts entered into on or after said date. This major overhaul of French contract law […]

Both the choice of sales mechanisms and the reorganization of commercial functions within a group can entail discussions with the French tax authorities when their implementation leads to the erosion of the tax base in France. Given the recent developments in French tax case law, a brief overview of the pitfalls to avoid can certainly […]

In a recent decision rendered on April 3, 2012 (n°11-13527), the Commercial Chamber of the Cour de Cassation (French Supreme Court) held that Article L.442-6 I-5° of the French Commercial Code (hereinafter “FCC”), a “public policy” provision according to which a party that is the victim of an abrupt breach of commercial relationships may claim […]