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: Relationship with other networks
The granting of unlawful payment terms or loans in violation of the banking monopoly which provides an unfair advantage to the franchisees of a network, necessarily causes harm to franchisees of the competing network without it being necessary to determine whether or not they are in the same catchment area.
Court of Cassation, commercial chamber, 15 January 2020, LawLex2020000073JBJ
Franchise: Commercial property
Franchisees cannot contest the franchisor’s access to their customer file via the online ordering site when, although the contract certainly confers ownership of the data on them, it also grants the franchisor a right of use exclusively for the purpose of promoting the concept and the contract goods.
CA Paris, 8 January 2020, LawLex2020000047JBJ
Common interest mandate: Insufficient results
Failure to reach sales targets does not constitute a serious breach if the supplier is unable to show that it is due to the lack of diligence of its representative.
CA Paris, 16 January 2020, LawLex2020000061JBJ