Non-performance of the contract and lapse
Non-performance of a contract is not a cause for its lapse. Court of Appeal of Versailles, 12th Chamber, September 24, 2020, No. 19/03654. Article 1186 of the Civil Code provides that a contract will...
The action for annulment based on fraud and the obligation to provide information and advice
An action for annulment based on fraud does not preclude the possibility of bringing an action for breach of the duty to inform and advise. Court of Cassation, Third Chamber, January 14, 2021, No. 19-24.881. In this case, a couple had...
Online intermediation services and professional users
EU Regulation No. 2019/1150 "Platform to Business": Publication of Guidelines by the European Commission. The European Commission has published guidelines...
Franchise agreements and the franchisee's freedom
Clauses that restrict the franchisee's freedom after the termination of the contract must necessarily be limited to a period of one year. Paris Court of Appeal, Division 5, Chamber 4, July 1, 2020, No. 17/21498...
Franchise contract clauses and significant imbalance
Following a nationwide investigation by the DGCCRF (French Directorate General for Competition Policy, Consumer Affairs and Fraud Control) into Subway's business practices with its 400 franchised restaurants, the Paris Commercial Court has invalidated seven clauses in the franchise agreements concluded by the chain...
The status of commercial agent and the power to negotiate prices
Case law 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 Division, Commercial Chamber, December 2, 2020, 18-20....