3 February 2020
Motor vehicle distribution: Pursuit of ongoing contracts
Relations pursued on a temporary basis after the termination of a contract pending an agreement to be reached on a defined date do not give rise to a new open-ended contract capable of being “ongoing” (“en cours”) for the purposes of Article L. 622-13 of the Commercial Code after expiry of the deadline, where the parties have not reached an agreement.
CA Rennes, 28 January 2020, LawLex20200000129JBJ
The cancellation of the contract requires the franchisor to reimburse the entry fee, the security deposit as well as the initial fees, but not the liabilities of the franchisee which are the result of his personal decision to pursue the activity under unprofitable conditions.
CA Nimes, 23 January 2020, LawLex20200000105JBJ