9 march 2020

Action for unfair competition: Limitation period
The action for unfair competition is time-barred five years from the day when the right holder knew or ought to have known the facts enabling him to bring the action and not from the day when the facts complained of ceased, irrespective of whether the acts occurred in succession over a long period.
Court of Cassation, commercial chamber, 26 February 2020, LawLex20200000299JBJ

Invoicing: Civil consequences
The time period in which an action to enforce payment of the price of services may be brought runs from the date of their completion and not the date the service provider chose to invoice them.
Court of Cassation, commercial chamber, 26 February 2020, LawLex20200000317JBJ

Unfair terms between professionals: Sanction
A termination clause may be declared void ab initio on the basis of Article 1171 of the Civil Code, in the absence of the applicability of Article L. 442-1, I, 2° of the Commercial Code by a non-specialized court when it allows only one of the parties to terminate the contract for reasons not corresponding to breaches of contract.
CA Lyon, 27 February 2020, LawLex20200000281JBJ

Sudden termination of established commercial relationship: Indirect victim
Although third parties may, on the basis of tort liability, claim for loss caused by the termination of an established commercial relationship, they are also required to establish the sudden nature thereof.
CA Paris, 27 February 2020, LawLex20200000285JBJ

Restrictive agreements and abuse of dominance: Exclusive overseas import rights
The offense referred to in Article L. 420-2-1 of the Commercial Code, which is characterized per se by the granting of exclusive import rights, does not require taking into account the specificities of the relevant market.
CA Paris, 20 February 2020, LawLex20200000271JBJ

Competition Authority procedure: Proceedings in rem
The Competition Authority, in a referral by the Minister of Economy following the refusal of the undertakings to settle, is not bound by the analyses or classifications used during the administrative phase of the investigation.
CA Paris, 20 February 2020, LawLex20200000272JBJ

Competition Authority procedure: Right not to incriminate oneself
The Competition Authority does not infringe the privilege against self-incrimination by sanctioning an undertaking which had settled in another case insofar as it did not rely on the statements made in the settlement procedure to incriminate it in the non-negotiated procedure.
CA Paris, 20 February 2020, LawLex20200000271JBJ

Competition Authority procedure: Rights of undertakings in receipt of a Statement of Objections
The Charter of Fundamental Rights of the European Union is not intended to apply when the undertaking in question is prosecuted only on the basis of national competition law.
CA Paris, 20 February 2020, LawLex20200000271JBJ

Fine: Ceiling
The maximum penalty incurred by an EIG is the amount applicable to entities which are not undertakings within the meaning of Article L. 464-2 of the Commercial Code, insofar as it is a not-for-profit organization.
CA Paris, 20 February 2020, LawLex20200000272JBJ