MY ACCOUNTAufair competition
An employee who breaches a non-compete clause is no longer entitled to the financial compensation provided for in the clause, even after the breach has ceased.
Cass. soc., 24 January 2024, No 22-20.926
Significant imbalance
Contractual stipulations which merely restate the provisions of Article L. 133-3 of the Commercial Code cannot create a significant imbalance in the rights and obligations of the parties.
CA Paris, 11 January 2024, No 21/01783
Significant imbalance
A contract that grants unilateral termination without notice only to the importer cannot be said to be imbalanced, since distributors are entitled under ordinary civil law to give notice of termination at any time at their own risk.
CA Paris, 17 January 2024, No 21/11563
Motor vehicle distribution
An automobile distribution agreement negotiated with the European and then French representatives of dealers, who praised the clear improvement in the wording of the contract at the end of the talks, is not deemed to contain imbalanced terms, particularly when the distributors seeking to assert such a claim on it cannot justify any personal attempt to enter into direct negotiations with the importer.
CA Paris, 17 January 2024, No 21/11563
Commercial agent
The standard two-year indemnity, the payment of which is a matter of public policy, cannot be avoided on the grounds that the agent, who is approaching retirement age, would not thereby incur any harm.
CA Grenoble, 18 January 2024, No 22/00184
