Transfer of business
The transfer of a business including the transfer of the ownership of trademark rights does not entail the transfer of the exclusive distribution contract for the products bearing these trademarks (Supreme Court, 19 Oct. 2022, n°21-16169)
Commercial lease – Covid-19
The general administrative police measure prohibiting reception from the public does not constitute non-performance by the lessor of its obligation to deliver. The tenant's request for a rent reduction is dismissed (Supreme Court, 30 June 2022, n°21-19889)
Facilities classified for environmental protection
Two decrees dated 28 February 2022 were published in the Official Journal of 3 April 2022. They reinforce the industrial risk prevention system within facilities classified for environmental protection.
Commercial agent status
It is not necessary to have the ability to amend the conditions of the contracts concluded by the principal to be a commercial agent (Supreme Court, 12 May 2021, n°19-17042)
Guarantee of latent defects
The intermediary seller condemned to guarantee the consequences of the product affected by a latent defect can exercise a recourse action against the manufacturer amounting to the damages. The manufacturer can invoke grounds to limit its guarantee (Supreme Court, 6 January 2021, n°19-18588)
