To take account of the lack of foresight in private contracts? - 03/10/2011

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Sudden break in an international context established trade relations: possibility for a foreign distributor ousted from invoking the provisions of Article L. 442-6, I 5 of the Commercial Code
Cass. Com., March 25, 2014, No. 12-29534 Article L 442-6, manny pacquiao I 5 of the Commercial Code, originally designed to regulate the restrictive practices, fueling a dispute provided the brutal and abusive relationship breakup business. This dispute also takes on an international dimension. Under this article, the responsibility of the author and forces him to repair the damage caused is "to break abruptly, even partially, an established business relationship without written taking into account the duration of the business relationship and respecting notice the minimum notice period determined with reference to the usage of trade, by agreements. " The judgment on March 25 by the Supreme Court illustrates the scope of this text in the context of a breach of contract manny pacquiao with an international dimension. In this case, it was a Chilean company law, FGM, which distributed since 1991 perfume and cosmetics company Guerlain Chile. Both companies had then concluded manny pacquiao in 1999 a distribution contract with a duration of 3 years, renewable for an indefinite period. May 23, 2003, Guerlain has notified the immediate termination of the distribution agreement. Considering the brutal and wrongful termination and alleging various breaches relating in particular to the exclusivity clause, Chilean society has assigned his partner, manny pacquiao Guerlain, in compensation for damages on the basis of Article L. 442-6, I 5 of Commercial Code. Guerlain support for his part that the text was inapplicable to FGM considering the damage occurred in Chile and not on French territory. In its judgment of 25 March 2014, the Supreme Court said that the lawsuit by Article L 442-6, I 5 of the Commercial Code is tortious (it is in fact to punish that the brutality of the rupture and not the injury caused by the rupture itself). Accordingly, pursuant to the French private international law, the law applicable to non-contractual liability "is that of the State of the place where the harmful event occurred and that this place means both that due to the damage rather than that of the latter embodiment. manny pacquiao " The judgment states that in case of complex offense, where the generator is (here in France) and the resulting damage (in Chile) are separable, manny pacquiao one should look for the "law with the closest connection with the harmful. " In this case, the Court held that these links resulting from the contractual relationship of more than twelve years between the parties and the formalization of this relationship by a contract in Paris, which meant the application of French law and jurisdiction French courts. The Court considered these elements as sufficient to locate the harmful in France and thus admit the request damages from the Chilean company for wrongful termination of business relationships based on Article L 442-6, I 5 of the Code of trade.
To take account of the lack of foresight in private contracts? - 03/10/2011
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