Jean-Marc Dufour Avocat
Droit des affaires : Commerce-Industrie.
Spécialiste des PME/PMI
Lawyer in business law and company law
THE COURT OF CASSATION has just given me reason in a dispute against the French and German subsidiaries of the global leader in the distribution of electronic components field. The EC regulation ' Brussels I BIS ' is not unrecognized, when in face to 2 final sttlement agreements signed between 3 Parties (1 French Company, the french subsidiary and the mother company based in Germany) which give jurisdiction to German courts and apply the German law, and a third Litigation identical to those which have been the subject of a previous final sttlement agreements arises, the French law and the French courts remain competent. The opposition between general conditions and particular conditions, as well as the behaviour of the parties, all this has a huge influence on the solution of the dispute and on the contractual strategy to lead face to the large structured groups. Understand the stakes, circumvent certain types of commitments that do not correspond to any commercial and/or industrial reality is a complicated art. To achieve such a result is not easy to obtain and depends on the nuances of writing, sometimes very fine, which can change the result of a dispute. It is necessary that the problems have been taken well upstream... Jean - Marc DUFOUR
Cour de Cassation 1ere Chambre Civil 19/09/2018 - Y 17-18374.