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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…

Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) must be transposed before 9 June 2018 into the legislation of the Member States.  This was the purpose of the tabling of the bill by the group of LREM…

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