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

To assess the fairness of the termination conditions, account may be taken of grace periods and warnings given to the distributor. Thus, the termination of a distribution contract is not unfair when justified by significant outstanding payments, when it is implemented after the supplier has shown patience to its distributor  or has required restructuring measures that have not been carried out, ha …

Grace period/Warning.

To assess the fairness of the termination conditions, account may be taken of grace periods and warnings given to the distributor. Thus, the termination of a distribution contract is not unfair when justified by significant outstanding payments, when it is implemented after the supplier has shown patience to its distributor  or has required restructuring measures that have not been carried out, has granted payment deferrals on several occasions and has agreed to the distribution of competing goods by the distributor .

The termination of a distribution contract is not sudden where the contractual notice period is observed and existing tensions between parties for two years have made it foreseeable  or where it is preceded by letters and formal demands . Even if the conclusion of the contract was subject to many conditions, even financial ones, the termination is devoid of abuse where the distributor has not met these conditions . By contrast, the sudden nature of the termination has been upheld in the case of a termination taking place a few days before the presentation of the new collection of contract goods .

Cass. com., 22 May 2001, LawLex200200004904JBJ.

CA Paris, 24 March 2000, LawLex200200005016JBJ.

CA Paris, 24 October 1991, LawLex200200005863JBJ.

CA Paris, 2 October 2002, LawLex200300004033JBJ; 14 November 1997, LawLex200200005065JBJ; 7 April 1994, LawLex200200005389JBJ. See also CA Rennes, 28 April 1998, LawLex200200005096JBJ.

Cass. com., 23 June 2004, LawLex200400001668JBJ.

Cass. com., 8 April 1986, LawLex200200005693JBJ.

French Distribution Law

126. Grace period/Warning.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

126. Grace period/Warning.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise