Business Law

The number of court decisions concerning the sudden breach of established business relationships is continuously increasing… But the new rulings do not necessarily tally with what we would expect, as demonstrated by a decision recently rendered by the Cour de Cassation (French Supreme Court) and commented herein[1]. The facts of the case are as follows: […]

Following a legal action brought by the Minister of the Economy (the “Minister”), the Paris Court of Appeals (the “Court”) held, in a judgment issued on November 20, 2013, that two clauses of a distribution contract – one concerning the terms and conditions of termination of the contract and the other concerning the applicable payment […]

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 […]

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 […]