Restrictive agreements
The Commission has sent a Statement of Objections to six undertakings and a professional association concerning restrictive agreements on prices for starter batteries sold to car manufacturers in the EEA.
EU Commission, 30 November 2023, IP/23/6146
LThe very rare practice of identical prices by two real estate agencies and their geographical proximity, which may lead to common market characteristics, are insufficient elements to characterize a restrictive agreement, which cannot be derived from the mere formation of an EIG whose bylaws give no indication that it includes price-fixing in the establishment of common rules for the practice of the profession, and any anticompetitive effect.
CA Paris, 29 November 2023, No 22/03287
Exclusive distribution
The signing of the annual agreement provided for in the present Article L. 441-3 of the Commercial Code six months before the expiry of the current notice period is not intended to replace the terminated contract with a new one-year fixed-term contract.
CA Paris, 22 November 2023, No 21/11932
Commercial agent
Breach of the agency agreement during the trial period does not exclude the agent’s right to an indemnity.
CA Lyon, 23 November 2023, No 20/01277
Product conformity
When a sale has been rescinded for breach of the obligation to deliver goods in conformity, the seller cannot secure from a third party the price to which, as a result of the rescission of the sale and the handing over of the goods, he is no longer entitled, and of which the restitution does not constitute a recoverable harm in his favor.
Cass. com., 22 November 2023, No 22-18.306