MY ACCOUNTSIGNIFICANT IMBALANCE
If the conclusion of a contract in the context of a competitive bidding process usually leaves little room for negotiation, the existence of a bid is not established when the party invoking it fails to describe the sector in which it operates and whether or not this type of market is essential.
CA Paris, 9 October 2024, No 22/18378
SUDDEN TERMINATION OF ESTABLISHED COMMERCIAL RELATIONSHIPS
A 17-month notice period to terminate a relationship spanning almost 72 years is sufficient when the dependence alleged by the dispossessed partner is of its own making, in the absence of any exclusivity, and when it fails to demonstrate that the specific nature of its business would make it more difficult to convert, or that it has made investments that have not been amortized.
CA Paris, 2 October 2024, No 22/02423
PRICE REDUCTION ANNOUNCEMENTS
The allegation of a price reduction is by its very nature unfair, since there is no way of identifying a real reference price in line with the one set in the disputed online private sale advertisements, and, given that the products in question are easily substitutable on an open and highly competitive market, price is the decisive factor in the act of purchase, and the proposed reductions, which are substantial and lead to an unrealistic upgrading of the range of products sold, are such as to materially alter the economic behavior of the average consumer, who is deceived by the expectation of a significant saving that in reality does not exist, and of the acquisition of a product whose quality, implied by the reference price displayed, is clearly much lower than that expected.
CA Paris, 2 October 2024, No 22/12581
WARRANTY AGAINST LATENT DEFECTS
The warranty against latent defects is attached to the item sold as an accessory, so that when an action for warranty against latent defects is brought against the original seller on the grounds of a defect predating the first sale, knowledge of the defect is assessed as of the date of that sale in the person of the first buyer.
Cass. com., 16 October 2024, No 23-13.318
SERVICES DIRECTIVE
National regulations may make the granting of authorization for the sale of tobacco products subject to compliance with conditions relating to the minimum geographical distance between service providers and demographics, without it being possible for the competent public authority to take account of periodic increases in the number of consumers instead of these conditions, provided that those conditions are objectively justified by an overriding reason relating to the public interest, are likely to have a dissuasive effect on demand for manufactured tobacco products, also apply to the installation of tobacco vending machines, comply with the principle of proportionality and satisfy the requirements of clarity, unambiguity, objectivity, publicity, transparency and accessibility.
CJEU Case C-16/2 FA.RO. di YK & C. Sas, Judgment of 17 October 2024
