A distributor who was able to continue working normally during a reasonable notice delay with its remaining stock cannot claim indemnities for a wrongful or brutal termination. A decision of March 1, 2017 from the French Civil and commercial supreme Court highlights the pragmatic approach of French judges when ruling on a claim for indemnities related to an alleged brutal termination of commercial relations.
Since 2000, a Taiwanese supplier distributed exclusively its products in France through a French distributor .
The Taiwanese supplier decided to reorganize its distribution structure for France. The supplier decided to create a subsidiary in France to distribute its products starting in January 2009. This decision was notified to the French distributor on November 2008.
After less than a month, the French distributor had lost its exclusivity for the French territory. However the French distributor continued working and selling these products. Several orders had been passed by the French distributor between September and December 2008. These orders were fulfilled by the supplier. Deliveries occurred between January 2009 and June 2009.