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Business Law

1 July 2013 | Soulier Avocats

Sudden breach of established business relationships: only the duration of the notice period should be taken into account, regardless of any facts or events that occurred after the notification of the breach

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 […]

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1 June 2013 | Soulier Avocats

Disputes arising out of commercial agency contracts: what is the competent jurisdiction?

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 […]

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1 March 2013 | Soulier Avocats

The state of economic dependence

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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1 June 2012 | Soulier Avocats

Validity of a non-compete clause inserted in a commercial agency contract: assessment in concreto of the proportionality principle

Pursuant to Article L.134-14 of the French Commercial Code (hereinafter the “FCC”), a non-compete clause set forth in a commercial agency contract must, to be valid, cover a period not exceeding two years, and be limited to (i) the geographic areas and, as the case may be, the clientele, entrusted to the agent and (ii) […]

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