Commercial negotiation
The draft law introducing emergency measures to adapt the provisions of the Commercial Code relating to commercial negotiations in the retail sector, which will bring forward the deadline for commercial negotiations involving consumer products to 15 January 2024, was adopted by the Council of Ministers and submitted to the French National Assembly on 27 September.
Bill 1679 of 27 September 2023
Payment periods
The fact that the deadline for payment of invoices under public procurement contracts runs from the date of receipt of the demand for payment does not introduce a breach of equality between private persons, for whom the payment deadline runs from the date of issue of the invoice, and public persons, since the rules applying to the latter are based on the specific nature of the activity carried out, which must respect the objectives of efficiency and proper use of public funds.
CA Lyon, 15 September 2023, LawLex202300011728JBJ
Restrictive agreements
The fact that a practice falls within the scope of a relationship between an undertaking and its service provider supplying technological measures is not sufficient to preclude the application of Article 101 TFEU, particularly where the latter is fully part of the economic chain for the exploitation of the products in question.
GC Case T-172/21 Valve Corporation, Judgment of 27 September 2023, LawLex202300011952JBJ
Commercial agents
The refusal of the agent to accept a new version of the agreement which substantially amends the economic and legal terms of the relationship with the principal does not have the effect of attributing liability for termination of the agreement to the agent.
CA Amiens, 14 September 2023, LawLex202300011730JBJ
An agency agreement cannot make the payment of the compensatory indemnity contingent on an increase in customers or provide for the deduction of lump-sum expenses, since the principal is liable to pay full reparation for the harm the agent has suffered.
CA Nîmes, 14 September 2023, LawLex202300011731JBJ
