Strategic Lawering Paris Lyon Bruxelles

General terms of sale

Published at 28 May 2019
Category : Business Law
E-newsletter: May 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. This has now been done with the publication of Ordinance No. 2019-359 of April 24, 2019. The objective pursued by the legislator is to make the rules governing business relationships, practices that restrict competition and prohibited practices easier to understand and more transparent, and to ensure greater legal certainty.
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Published at 30 April 2019
E-newsletter: April 2019
In a decision dated February 13, 2019, the Cour de cassation (French Supreme Court) confirmed that a jurisdiction clause stipulated in connection with a sale agreement and included in the general terms of sale may extend to tort disputes likely to arise between the parties.
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Published at 28 June 2016
Author : Flore Foyatier
Category : Contracts
E-newsletter: June 2016
In a judgment dated May 3, 2016 , the Court of Appeals of Versailles provided a new illustration of a long established case-law according to which the general terms of a party are contractually binding only if they have been accepted, at the time the contract was formed, by the party against whom such terms are intended to be enforced. This judgment is reminiscent to a similar decision handed down by the Court of Appeals of Versailles on January 5, 2016 in a case where we represented the party against whom the enforcement of a jurisdiction clause set forth in its own general terms of purchase was sought.
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