If the low level of turnover

This decision provides important insight into your property law. Here is what it changes for you.

The situation

If the low level of turnover achieved by the distributor on the product or products concerned by a commercial cooperation action during the reference period in view of the advantage granted to it, or the absence of significant increase in sales during that reference period, may constitute elements for assessing any manifest disproportion between these two elements, they cannot alone constitute proof of that manifest disproportion, distributors who enter into commercial cooperation agreements not being bound by an obligation to achieve a result. It follows that the mere comparison between the price paid by a supplier to a distributor for a service promoting a product by end-of-aisle display and the turnover achieved for that product during the same period is insufficient to establish a manifest disproportion between the benefits obtained by the distributor and the value of those services.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.