Case law overturned: refusal of approval in a selective distribution system, even when candidate fulfills selection criteria, is not a restrictive agreement neither a civil tort (including in qualitative selective distribution)

We are pleased to send you an important judgment from the distribution division of the Paris Court of Appeal, which has overturned the case law on refusals of authorization and is very favorable to the heads of selective distribution networks (I). The judgment also provides a welcome clarification on the scope of a recent position of the Court of Cassation on the applicability of the principle of good faith to the refusal to examine an application for authorization after termination of the contract (II).