The 5 news of the week

Significant imbalance
A non-compete clause prohibiting the subcontractor from using the principal’s know-how for any purpose other than the fulfillment of its orders for a period of two years from the end of the contract does not hinder the subcontractor’s activity in a disproportionate manner, since it concerns the highly narrow and limited field of stationery, which the subcontractor itself acknowledges is a sector in which it had never previously been involved.
CA Besançon, 1st chamber, 14 May 2024, No 23/01622

Sudden termination of an established commercial relationship
An announcement, during the notice period, that new orders can no longer be placed by a terminated distributor, constitutes a failure to comply with the notice period, irrespective of the size of the distributor’s stocks, even if the distributor is authorized to sell its remaining products during that period.
CA Paris, Pôle 5 ch. 4, 24 April 2024, No 21/17799

A unilateral 13% price increase does not release the supplier’s commercial partners from their obligation to give written notice of termination.
CA Paris, Pôle 5 ch. 4, 22 May 2024, No 22/01320

The franchisor cannot be held responsible for failing to actually implement the forecasts submitted when the franchisee has misused the exceptional permission granted to him to add a complementary activity to the one covered by the franchise to make it his main business.
CA Paris, Pôle 5 ch. 4, 22 May 2024, No 22/0866

Distance selling
Where a distance contract is concluded by electronic means through an ordering process and entails an obligation on the part of the…

Avril-Mai 2024

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