The nullity action for fraud and the obligation to inform and advise
The action for nullity for fraud does not exclude the possibility of acting for breach of an obligation to inform and advise. Court of Cassation, 3rd chamber, January 14, 2021, n°19-24.881 In this case, a couple had...
Online intermediation services and professional users
EU Regulation n°2019/1150 “Platform to business”: publication of guidelines by the European Commission The European Commission has published guidelines...
Franchise contracts and freedom of the franchisee
Clauses having the effect of restricting the freedom of the franchisee after the end of the contract must necessarily be limited to a period of one year. Court of Appeal of Paris, Pole 5, chamber 4, July 1, 2020, n° 17/21498 ...
Franchise agreement clauses and significant imbalance
After a national investigation by the DGCCRF into the commercial practices of Subway with its 400 franchised restaurants, the Paris Commercial Court canceled seven clauses of the franchise contracts concluded by the brand on the...
Commercial agent status and the power to negotiate prices
Jurisprudential reversal: the Court of Cassation recognizes that the status of commercial agent does not necessarily imply the power to negotiate prices Court of Cassation, civil, Commercial Chamber, December 2, 2020, 18-20....
Business secrecy – one of the first decisions in this matter!
Finally, one of the first positions taken by a court on the definitions introduced in matters of business secrecy by the law of July 30, 2018 is unveiled. .