HOW AN EUROPEAN JUDGE SHOULD QUALIFY A CIVIL CLAIM RESULTING FROM CONDUCT ALLEGEDLY AMOUNTING TO UNFAIR COMPETITION ?

Despite all endeavors of unification, in Europe, it is still important to know precisely which jurisdiction has the rationae loci competence to hear a civil claim. The same issue was raised to the Court Of Justice of European Union accordingly to the dispute between a German luxury watch seller and a master watchmaker established in France on …

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Commercial contracts: the arbitration clause, its drafting, its effects

The mere reference in a commercial contract to an arbitration center cannot challenge the purely optional nature of an arbitration clause inserted in the General Conditions. Cour de cassation, Civil Chamber 1, 12 June 2013, Appeal number 12-22656 Company A replaced turbo generators in a factory. The Company B installed these generators. Malfunctions occured due …

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The sudden termination of established commercial relations can be used by a third party to claim damages

The Court of cassation ruled in a decision rendered on the 6th of September 2011 that a third party could use the sudden termination of a commercial relation to claim indemnities if this termination also caused a prejudice to this third party. Cour de cassation, 6 septembre 2011, Chambre commerciale, pourvoi n°10-11975 An import-export company …

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