01/09/2018 | Commercial leases

Déséquilibre significatif et compétence juridictionnelle

Commentaire de l'arrêt de Cass. 3ème civ., 15 février 2018, AJDI, septembre 2018

Having held that only production, distribution or service activities fall within the scope of Article L. 442-6, I, 2° of the Commercial Code (concerning significant imbalance), a court of appeal correctly inferred that the dispute, which related to the performance of a commercial lease, did not fall within the jurisdiction of the courts specially designated to rule under that provision (in a case concerning exclusion of liability clauses and a clause setting a commercial rent at a guaranteed minimum).

Blatter Seynaeve
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.