Sudden termination: the CJEU asked about the contractual or tortious nature of the action

Cass. 1st civ., 2 April 2025, no. 23-11.456 In an important ruling on 2 April 2025, the First Civil Chamber of the Court of Cassation decided to suspend its decision in a dispute over the sudden termination of established commercial relations, in order to refer a preliminary question to the Court of Justice of the …

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Termination of established business relationships in sport: absence of sudden termination in the event of a gradual decrease in activity during a long notice period

Cass. com., 19 March 2025, No. 23-23.507, published in the Bulletin In a ruling dated 19 March 2025, the commercial chamber of the Court of Cassation confirmed the absence of a suddentermination in the context of a progressive decrease in business volume over a very long notice period. It thus provides an important clarification on …

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Sudden termination of commercial relations: French international jurisdiction based on the tortious nature of the action

Cass. 1st civ., 12 March 2025, no. 23-22.051 In a ruling dated 12 March 2025, the First Civil Chamber of the Court of Cassation overturned a decision by the Paris Court of Appeal which had declined the jurisdiction of the French courts in a case of sudden termination of established commercial relations. It reaffirmed an …

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Sudden termination of commercial relations: competitive tendering and economic dependence

Court of Cassation, Commercial Chamber, Judgment No. 96 FS-B of 26 February 2025, Appeal No. M 23-50.012 The commercial chamber of the Court of Cassation provides clarification on the starting point of the notice period in the event of the termination of a commercial relationship through competitive tendering and confirms its definition of economic dependence. …

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Article L442-6 of the French Commercial Code does not apply to the termination of a service agreement between lawyers

The termination of established commercial relations is mainly intended, as its name suggests, for commercial relations. However, some previous decisions had agreed to apply the notion of a sudden termination of established commercial relations to civil activities (e. g. architect). By a decision of 20 February 2019, the Court of Cassation returned to a classic …

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Calculating indemnities for the sudden termination of established commercial relations.

Disputes concerning the sudden termination of commercial relations firstly raise the question of the reasonable notice period. This first question is already complex and can lead to long debates. If the sudden or brutal termination is established, the damage resulting from this termination must also be assessed. The assessment of indemnities is also a source of …

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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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