📢 [WARNING: EUROCOMMERCE TAKES LEGAL ACTION AGAINST THE DESCROZAILLE LAW]
🌍 🛒Eurocommerce, a European professional organisation of retailers, says it has referred the matter to the European Commission because, according to it, the Descrozaille Law would prevent retailers and wholesalers from seeking better sourcing conditions in the European single market. This law would prevent retailers and wholesalers from providing greater choice and more affordable prices to consumers across Europe. retailers and wholesalers from providing greater choice and more affordable prices to consumers across Europe. It calls on the European Commission to urgently address this violation of EU rules on choice of law and free movement with the French authorities.
➡ Eurocommerce doesn’t give any details of the technical arguments on which its referral is based, especially on how the law would prevent retailers and wholesalers from seeking better sourcing conditions.
📒 The Descrozaille Law introduced an article into the French Commercial Code (L. 444-1 A) which provides that the provisions governing supplier-retailer relationships are of public order. It adds that « any dispute relating to their application falls within the exclusive jurisdiction of the French courts, subject to compliance with European Union law and international treaties ratified or approved by France and without prejudice to recourse to arbitration ».
❌ According to the initiators of this project, it was to fight against a phenomenon of legal evasion.
❓ It will be interesting to know the precise arguments to understand how this law could have the effect of preventing retailers and wholesalers from massifying their purchases at European level which some are already doing and continue to do.
To be continued…