12 November 2019
Exclusive distribution: Ownership of clientele
On expiry of the contract, the supplier has no rights over the customers of the distributor, who is free to present a new manufacturer to them, and cannot claim a loss of opportunity to trade with those customers.
CA Paris, 30 October 2019, LawLex201900001301JBJ
Franchise: Classification of contract
A contract headed “Trademark license agreement” cannot be reclassified as a franchise agreement if it does provide for neither the transmission of any original and substantial know-how nor any commercial and technical assistance.
CA Paris, 30 October 2019, LawLex201900001325JB
Franchise: Compensation for loss
When the contract is wrongfully terminated by the franchisee who has overestimated his borrowing capacity and not been able to open his business, the franchisor may retain the initial entry fee as compensation for its loss.
CA Paris, 30 October 2019, LawLex201900001324JBJ
