The French Court of Cassation has confirmed the interpretation given by the European Court of Justice in a decision of 4 June 2020 regarding the meaning of the term « negotiate »: it is not necessary to have the power to modify the prices of products sold on behalf of the principal in order to benefit of the commercial agent’s status.
The creditor’s liability is only limited by Article L650-1 of the French Commercial Code when granting a credit.
For the European Court of Justice (ECJ), it is not necessary to have the power to modify prices of goods sold on behalf of and in the name of the principal to be considered as a commercial agent. With a decision of 4 June 2020, the ECJ has clarified the meaning of the term “negotiate”…
A parent company which, in a letter of intent, undertakes to do « what is necessary to ensure that its subsidiary respects its commitments and has sufficient cash » grants to the bank a guarantee with an obligation to achieve a fixed result.
Invoices, under french law, need to contain specific information defined by article L441-9 (previously article L441-3) of the French commercial code. Two new items have been added to the list of mandatory information. This updated provision is applicable since the 1st of October 2019.
In the context of a dispute between a football club and its jersey partner, the matter was referred to the Court of Cassation. The question raised before it was how to compare two competing offers from two sports suppliers. The Court of Cassation ruled that the comparison of two equipment suppliers’ offers cannot be made…
In France, for international arbitration, the judge in charge of the arbitral proceedings is the president of the Tribunal de grande instance of Paris when one of the parties is exposed to a risk of denial of justice. The support judge does not have general jurisdiction to rule all disputes arising during the arbitration process….
The application for annulment of an arbitral award must not constitute a second way to challenge the constitution of the Arbitral Tribunal by a party who has belatedly challenged an arbitrator (Cour de cassation, 1st Civil chamber, 15 June 2017, no. 16-17108). A telecommunications company and an African state were joint shareholders of a company….
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…
