MY ACCOUNTUNFAIR COMPETITION
A manifestly unlawful disturbance (trouble manifestement illicite), which is determined on the day when the lower court handed down its judgment and not on the day when the Court of Appeal rules, arises in the case of advertising in the form of comparative tables, accessible via hypertext links, which presents non-objective and irrelevant information on the pet insurance products offered by the parties.
CA Paris, 7 June 2024, No 23/02874
SUDDEN TERMINATION OF ESTABLISHED COMMERCIAL RELATIONS
The effect of the Lurel Law, which prohibits exclusive overseas imports, is a factor to be taken into consideration when assessing the length of notice to be given to the distributor.
CA Paris, 19 June 2024, No 22/00780
CIVIL SANCTIONS
Assuming that proof of anticompetitive practices can be based solely on the DIRECCTE investigation report drawn up in the context of a settlement procedure, the undertaking claiming to be the victim must still establish its prejudice, which cannot result solely from the production of a non-adversarial expert report unsupported by other evidence, and whose methods of analysis appear highly dubious.
CA Paris, May 15 2024, No 22/07737
EXCLUSIVE DISTRIBUTION
A supplier who contacts a third party and accepts orders from the latter before terminating his distributor’s contract, commits his liability for unfair performance of the contract.
CA Besançon, 11 June 2024, No 22/01516
OBLIGATION TO PROVIDE INFORMATION AND ADVICE
The professional seller’s obligation to inform, caution and advise must take into account the characteristics of the materials sold and the reasonably foreseeable conditions of their transport by a non-professional.
Cass. 1re civ, 19 June 2024, No 21-19.972
