Late paymnt penalties
The late payment penalties provided for in Article L. 441-10, II, of the Commercial Code and the interest on arrears (intérêts moratoires) referred to in Article 1231-6 of the Civil Code, which are identical in nature in that they are both intended to compensate for the harm caused by the debtor’s delay in making payment, cannot be combined.
Cass. com., 24 April 2024, No 22-24.275
Significant imbalance
The limitation period for an action for significant imbalance runs from the date on which the contract containing the disputed clauses was signed, even if the extent of the alleged damage could only be quantified when the clauses were implemented.
CA Paris, 5 April 2024, No 22/01770
Civil sanctions
The requirement that the limitation period may not begin to run before the offense concerned has come to an end is necessary to enable the injured party to identify and prove its existence, scope and duration, the extent of the harm caused by the offense as well as the causal link between that harm and the offense and thus to be effectively able to exercise his right to seek the full compensation, deriving from Articles 101 and 102 TFEU.
CJEU, Case C-605/21 Heureka Group a.s. v Google, Judgment of 18 April 2024
Exclusive distribution
The arbitration clause in an exclusive distribution contract applies to a dispute concerning the licensor’s refusal to sell spare parts to the dealer after the contract was terminated, even if the mandatory public policy provisions of the vertical restraints regulations may be applicable to the dispute.
CA Rennes, 16 April 2024, No 23/06741
Franchise
Once the conditions for safeguard have been met, the debtor is entitled to place himself under the protection of the bankruptcy court, even if his underlying motive is to leave the franchisor’s group and enter the competitive arena.
CA Reims, 16 April 2024, No 23/01667
