16 December 2019
Exclusive purchase: Targets clause
The distributor whose contract is terminated early due to the breach of the purchase commitment must compensate for supplier’s future, but certain harm consisting of the margin lost up to the normal term of the contract.
Court of Cassation, commercial chamber, 4 December 2019, LawLex201900001504JBJ
Exclusive distribution : Obligation of fairness
A reseller is guilty of parasitism when he uses the brand of his supplier and his position as exclusive distributor to promote a competing product on behalf of a company managed by the same persons that manage his own.
CA Paris, 27 November 2019, LawLex201900001491JBJ
Motor vehicle distribution: Specific performance of contract
The unilateral implementation of a termination clause, of which all the conditions have been fulfilled does not allow the reseller to claim imminent loss or a manifestly unlawful disturbance in order try to obtain the continuation, even temporarily, of the terminated contract.
Court of Cassation, commercial chamber, 4 December 2019, LawLex201900001496JBJ
