Breach of established commercial relations and liability action

04/01/2017

 

Written by Jochen Bauerreis and Caroline Laurent

 

Brutal severance of commercial relations is a contractual matter.

 

CJEU 14 July 2016, C-196/15, Granarolo SpA/Ambrosi Emmi France SA

In a judgment handed down on July 14, 2016, the Court of Justice of the European Union ruled, on the basis of the Brussels I Regulation, now replaced by the Brussels I bis Regulation, that an action for damages based on the brutal termination of long-established commercial relations falls within the scope of contractual matters if there was an implied contractual relationship between the parties.

 

This solution is the opposite of that adopted by the Commercial Chamber of the French Supreme Court, according to which the brutal termination of an established commercial relationship constitutes an action in tort.

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