Week of 18 November 2024

Payment deadlines
Classification as an “undertaking” within the meaning of Article 2(3) of Directive No 2011/7 on payment periods does not imply that the person concerned has an organized structure with resources such as his or her own premises, staff and tools or equipment allocated to that activity, but that he or she carries out his or her activity on a regular basis.
CJEU Case C-643/23 Agenciart – Management Artístico Lda, Judgment of 14 November 2024,

Sudden termination of established commercial relationships
An action for unfair competition and an action for sudden termination of an established commercial relationship may be combined, since the former, unlike the latter, is aimed at compensating for lost profits that persist after expiry of the notice period.
CA Paris, 6 November 2024, No 23/14142

Civil sanctions
In a follow-on action brought after its sanction by the Competition Authority (AdlC, 7 June 2021, No. 21-D-11), Google was ordered to pay EUR 26.5 million to a competitor in the market for connecting advertisers and digital publishers offering advertising space, for past and future harm caused by its abusive practices.
T. com. CA Paris, 21 October 2024, No. 2022039370

Unfair commercial practices
The commercial practice of simultaneously proposing to consumers an offer of a personal loan and an offer for an insurance product not related to that loan does not constitute an aggressive commercial practice in all circumstances, or even a commercial practice deemed unfair in all circumstances, within the meaning of Directive No 2005/29.
CJEU Case C-646/22 Compass Banca SpA, Judgment of 14 November 2024,

Liability for defective products
A company whose corporate purpose forms part of the communication strategy of the group concerned through the provision of tools to publicize the brand’s products and services cannot be classified as an importer within the meaning of Article 1245-5 of the Civil Code.
CA Douai, 17 October 2024, No 24/00558