Outside Publication

Affected party’s fault and notice requirement in case of sudden termination of established business relationships: case law examples | Faute de la victime et exigence de préavis en matière de rupture des relations commerciales établies : illustrations jurisprudentielles

March 2018

Although, according to Article L. 442-6, I, 5° of the French Commercial Code, a party can terminate an established business relationship without notice “in case of the other party’s non-performance of its obligations”, there are very few illustrations of the notion of non-performance. It appears from the handful of case law examples of sudden termination where the waiver of notice was considered that the seriousness of the breach allowing for such a waiver must be established.

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