This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

French Distribution Law

Most disputes concerning termination now relate to the scope of clauses agreed upon between the parties. Virtually all important exclusive distribution contracts are in writing and include provisions relating to the end of the contractual relationship. The courts try to check whether the elements agreed upon between the parties to authorize the exceptional termination of the agreement have been met.

Apart from any express clause, the court assesses the seriousness of conducts that might authorize the exceptional termination. Although, traditionally, a contract could be ended only by virtue of a termination clause agreed upon between the parties or a judicial termination decision, the seriousness of the conduct of a contracting party may now justify the other party unilaterally terminating it at its own risks, regardless of whether the contract is for a fixed or indefinite term.

114. Strict supervision of the substantial conditions and relaxing of the formal conditions of termination.