Significant imbalance, advantage without consideration, brutal breach: are these abuses punishable when the contract is subject to a foreign law?
Vast question on which the french Cour de cassation and the Paris Court of Appeal have recently ruled. The Expedia decision of the Court of Cassation answers in the affirmative, for the significant imbalance and the automatic granting of more favourable conditions, considering that they are police laws. The Paris Court of Appeal, on the other hand, refuses this qualification for the provisions relating to the brutal termination of established relationships.
We’re going to be particularly attentive to future decisions on this question … : L&S – Restrictives Competitive Practices – May 2021