Franchisor, to prepare or not to prepare the prospective operating accounts of the prospective franchisee? That is no longer the question
February 7, 2025
Contentieux commercial
We assist our clients in preliminary or urgent proceedings (bailiff’s reports, preliminary investigations pursuant to Article 145 of the French Code of Civil Procedure, or summary proceedings) as well as in substantive litigation proceedings.
Representation before the courts, as necessary, may be provided by our correspondents under partnership agreements.
Breach of contractual obligations remains one of the main causes of commercial litigation (failure to perform, poor performance, non-payment, failure to comply with an obligation to act or refrain from certain acts, etc.), and may, in some cases, compromise the long-term viability of the business as a going concern.
We assist our clients in commercial disputes, both through amicable negotiations and before the competent courts.
The performance of commercial agency, franchise, distribution and other partnership agreements very often gives rise to disputes. We assist the parties in seeking an amicable resolution in order to preserve their business relationship; and, if no agreement can be reached, we defend our clients’ interests before the competent court.
Disputes relating to the enforcement of commercial leases are common (rent indexation, non-payment of rent or service charges, termination or notice periods, invocation of termination clauses, etc.). We assist tenants or landlords in amicable negotiations; and if no agreement is reached, we defend our clients’ interests before the competent court.
A company’s operations involve a number of stakeholders whose interests may conflict, giving rise to disputes.
We provide day-to-day assistance to directors, shareholders, creditors and third parties in disputes relating to corporate governance, the company’s liability towards third parties, directors’ liabilities and relations between shareholders.
Companies are regularly confronted with practices that qualify as unfair competition. These wrongful practices (confusion, imitation, or parasitism) are punishable by law. The victimized company may obtain an order to cease the unfair practices and payment of damages for the harm suffered.
We assist parties in unfair competition proceedings, both as plaintiffs and defendants.
Assistance in adapting contracts in the event of unforeseen changes affecting their economic balance.
The performance of a signed contract may, due to circumstances not anticipated by the parties, prove too costly or onerous for one or both of them. Contracts of indefinite duration or covering several years are more likely to be affected by disputes arising from contract renegotiation. In the absence of a contractual framework, or an amicable agreement on the difficulties raised by one or more parties, a dispute may arise.
We assist you in drafting amendments to your contracts to address unforeseen events affecting their economic balance. In the absence of an amicable agreement, we assist you in defending your interests before the competent courts.
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February 7, 2025
June 9, 2024
March 9, 2024