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 […]
In a civil or commercial dispute that concerns a chain of contracts under EU law, the applicable jurisdiction rules are set forth in Chapter II of the Council Regulation 44/2001 of December 22, 2000 (commonly referred to as the “Brussels I Regulation”)[1]. Article 23 of Chapter II of the Brussels I Regulation stipulates that if […]
The sales agent status is much talked and written about these days! After having ruled on the determination of the place of performance of a sales agency contract[1], the Cour de Cassation (French Supreme Court) has been recently asked to consider the concept of serious misconduct that deprives a sales agent of its right to […]
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 […]
Business professionals will increasingly face the difficulty of identifying the court that is territorially competent to hear disputes arising from or in connection with their activities. Even though Council Regulation (EC) No 44/2001 of December 22, 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters provides some answers, national […]
By a decision dated February 12, 2013, the Commercial Chamber of the Cour de Cassation (French Supreme Court) provided an interesting illustration of a state of economic dependence that is defined as the impossibility, for a company, to benefit from a solution that would be technically and economically equivalent to the terms of the contractual […]
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