In a decision of 19 October 2021 (RG 20/02342), the ICCP made an interesting application of an accord procédural in favour of the lex fori, which bypasses the application of Rome I in the eyes of the Court.

Résumé : « In this case for liability due to the sudden termination of an established commercial relationship, the ICCP-CA decided that a company which executed a contract signed by its subsidiary after the latter’s liquidation had an established relationship for the entire duration of the commercial relationship. The durability of business was characterized by the continuation of a former relationship. The court ruled that, in consideration of the five year contractual relationship, the six month notice period was sufficient and therefore, there were no sudden termination.

In relation to the alleged termination of the exclusive commercial agency contract, the ICCP-CA held that the continuation of a commercial relationship established after the termination of the contract did not have as an effect to maintain the contractual exclusivity clause, unless ascertained otherwise by the parties, which was not demonstrated by them in this case, the company having terminated said clause before the term of the contract ».

Source: https://www.cours-appel.justice.fr/paris/19102021-ccip-ca-rg-2002342-contrat-distribution-exclusive