PAYMENT DEADLINES
The concept of “amount due”, which has not been paid within the time-limits laid down in Directive 2011/7, covers not only the amount which the debtor is obliged to pay in return for the main service, but also the sums which he has committed, under the contract, to reimburse to the creditor in respect of costs incurred by the latter and linked to the performance of the contract.
CJEU Case C-725/23 Tusnia, Judgment of 12 December 2024,
FRANCHISE
A franchisor is guilty of fraud against his franchisee when he fails to inform him that between the date of delivery of the pre-contractual information document and the signing of the contract, almost fourteen months later, the situation of the network has deteriorated sharply due to the opening of numerous insolvency proceedings against its members.
Cass. com, 4 December 2024, No 23-16.684
The depositing of advertising leaflets by a franchisee in all mailboxes in the area in which another franchisee is located constitutes targeted canvassing of customers in the latter’s territory, even if it is not specifically aimed at the franchisee’s actual customers.
Cass. com., 4 December 2024, No 23-17.908
COMMERCIAL AGENTS
Breaches not covered by the letter of termination cannot be invoked to deprive a sales agent of his right to compensation.
Cass. com., 4 December 2024, No 23-19.820
SALE
Pursuant to Articles 1352-3, paragraph 1 and 1352-7 of the Civil Code, the restitution due by the buyer following the cancellation of the sale for fraud which includes the value of the enjoyment that the thing has given him, due from the date of the claim if he is in good faith, is not subject to the absence of fault on the part of the seller.
Cass. 3e civ, 5 December 2024, No 23-16.270
