13 January 2020
Selective distribution: Intuitus personae
Even if the intuitus personae clause provided for in the contract only relates to the sale of the ongoing business, the takeover of the distributor by a competitor who has never obtained authorization causes the head of the network to lose control of its distribution channel and undermines the relationship of trust, which is essential in a selective distribution contract.
CA Paris, 11 December 2019, LawLex201900001556JBJ
Motor vehicle distribution: Dealer’s loss
An action for liability is time-barred when it is brought more than five years after the dealer became aware of the facts forming the basis thereof, as is evidenced by the list of grievances sent to the supplier.
Court of Cassation, commercial chamber, 11 December 2019, LawLex201900001562JBJ
