Payment deadlines
The amount of the administrative fine for non-compliance with payment deadlines must be reduced by the amount of the gain in working capital requirements of the undertaking in question, where this is greater than the fine.
CAA Marseille, 25 September 2023, No 22MA00698

Restrictive agreements
Despite the fact that they are past events, the pooling of certain information, particularly on a regular basis and over a long period of time, may be such as to reduce the degree of uncertainty as to how the market operates, to influence the behavior of competitors and to reduce their decision-making autonomy.
CA Paris, 16 November 2023, No 20/03434

The principle of individual examination of sanctions, which implies that only the difficulties encountered personally by the undertaking should be taken into consideration, excludes the possibility of invoking the consequences of the Covid crisis as mitigating circumstances.
CA Paris, 16 November 2023, No 20/03434

Unfair commercial practices
Claims made by an undertaking concerning the merits of a standard technology designed by a third party, or concerning the quality of its own antennas, not presented as the best products on the market but as belonging with others to this category, which are the result of a customary, and therefore admissible, commercial hyperbole, do not constitute a misleading commercial practice.
CA Paris, 8 November 2023, No 22/20535

Unfair terms
Where a term which contains a stipulation that is separable from the other stipulations of that term and capable of being the subject of an individual examination of its unfairness, the removal of which would make it possible to restore real balance between the parties without affecting the substance of the contract concerned, Article 6(1) of Directive No 93/13 does not mean that that term, or even that contract, should be declared invalid in its entirety.
CJEU Case C‑321/22 ZL and others, Judgment of 23 November 2023