French Commercial code
In forceI.-Any person engaged in production, distribution or service activities, in the context of commercial negotiation, the conclusion or performance of a contract, is liable and obliged to compensate the damage caused:
1° Obtaining or attempting to obtain from the other party an advantage corresponding to no consideration or manifestly disproportionate to the value of the consideration given;
2° Subjecting or attempting to subject the other party to obligations creating a significant imbalance in the rights and obligations of the parties;
3° Imposing logistical penalties not complying with Article L. 441-17 ;
4° Discriminating in respect of the other party, or obtaining from it, prices, payment terms, conditions of sale or terms of sale or purchase that are not justified by genuine consideration provided for in the agreement referred to in Article L. 441-4 thereby creating, for that partner, a disadvantage or an advantage in competition;
5° Not having conducted commercial negotiations in good faith in accordance with Article L. 441-4, resulting in the failure to conclude a contract within the deadline set out in Article L. 441-3.
II.-Any person engaged in production, distribution or service activities who abruptly terminates an established commercial relationship, even partially, without giving prior written notice that takes into account, in particular, the duration of the commercial relationship, with reference to trade practices or inter-trade agreements, and, for the purpose of determining the price applicable during the duration of the relationship, the economic conditions of the market on which the parties operate, shall be liable to pay compensation for the damage caused.
In the event of a dispute between the parties over the length of the notice period, the party responsible for the breach cannot be held liable on the grounds of an insufficient length of notice provided that it complied with eighteen months' notice.
The provisions of this II do not preclude the option of termination without notice in the event of non-performance by the other party of its obligations or in the event of force majeure.
III.-Engages the liability of its author and obliges him to compensate the damage caused the fact, by any person offering an online intermediation service within the meaning of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 promoting fairness and transparency for business users of online intermediation services, of not complying with the obligations expressly provided for by the same Regulation.
Any clause or practice not expressly covered by the said Regulation shall be governed by the other provisions of this Title.
