22 June 2020 Motor vehicle distribution: Transfer of contract The manufacturer may refuse to approve a transferee proposed by the dealer without further examination of the application, where the mere knowledge of its identity makes it possible to determine that such a choice is incompatible with the strategic options under the manufacturer’s sole  prerogative. CA

15 June 2020 Selective distribution: Uniform application of selection criteria The contractual freedom enjoyed by network heads does not prevent the Competition Authority from reviewing the uniform and non-discriminatory application of the authorization criteria. CA Paris, 4 June 2020, LawLex20200000482JBJ Selective distribution: Uniform application of selection criteria The termination of the contracts of a few

9 March 2020 Selective distribution: Unlawful use of trademark The manufacturer at the head of a selective distribution network of perfumery and luxury cosmetics cannot bring an IP infringement action against an individual who sold products, which were lawfully purchased, to a second-hand store, insofar as this act does not characterize use of the mark

10 February 2020 Exclusive distribution: Sudden termination of established commercial relationship Thirteen months’ notice is sufficient to terminate an established business relationship of fifteen years and eight months. Court of Cassation, commercial chamber, 29 January 2020, LawLex20200000152JBJ Franchise: Relationship to other networks The transfer of a goodwill business at a derisory price, the waiving of

27 January 2020 Motor vehicle distribution: Dealer’s loss The starting point of the dealer’s liability action against the supplier is the date he became aware of the events at the origin of his financial situation and not the date on which he was able to quantify his loss. CA Paris, 22 January 2020, LawLex2020000097JBJ Franchise:

20 January 2020 Selective distribution: Ban on parallel imports/passive sales The head of the network, which does not contractually prohibit parallel exports or imports and does not limit the purchase and supply freedom of its authorized distributors, cannot be found guilty of participation in an anticompetitive agreement when it refuses to sell contract goods to

13 January 2020 Selective distribution: Intuitus personae Even if the intuitus personae clause provided for in the contract only relates to the sale of the ongoing business, the takeover of the distributor by a competitor who has never obtained authorization causes the head of the network to lose control of its distribution channel and undermines

16 December 2019 Exclusive purchase: Targets clause The distributor whose contract is terminated early due to the breach of the purchase commitment must compensate for supplier’s future, but certain harm consisting of the margin lost up to the normal term of the contract. Court of Cassation, commercial chamber, 4 December 2019, LawLex201900001504JBJ Exclusive distribution :

9 December 2019 Franchise: Deliveries A master franchisee breaches his contractual obligations when, having imposed an exclusive obligation to purchase certain equipment on its own franchisee, he delivers them late resulting in a delay of two months in the opening of the latter’s establishment. CA Saint-Denis de la Réunion, 29 November 2019, LawLex201900001484JBJ

2 December 2019 Exclusive distribution: Specific performance The interim applications court may order the continuation of commercial relations when the termination on the grounds of the manufacture of competing products by the distributor not bound by a non-compete clause, is manifestly unlawful. CA Lyon, 19 November 2019, LawLex201900001417JBJ Motor vehicle distribution: Authorization to a qualitative