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.