01/09/2018 | Commercial leases
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).