No forum before French courts for brutal termination of commercial relations when the clause giving jurisdiction to a foreign court refers to any dispute arising from the agreement (art. L442-6 I 5° C. Com.).

French court cannot rule on a dispute on the merit of brutal termination of commercial relations when the contract gives jurisdiction to a foreign court for any dispute arising from the agreement (Court of Cassation, Commercial Section, July 5, 2017, no. 16-13862) confirms the absence of jurisdiction of the French courts in the presence of a clause conferring jurisdiction. 

A French company filed a claim before the Paris Commercial Court against its German commercial partner which had allegedly brutally terminated commercial relations. The German company opposed the contractual clause giving jurisdiction to a German court.

The French claimant argued that the clause did not cover tort liability arising from Article L442-6 I 5 ° of the Commercial Code.

However, the Court de Cassation again confirms that « the terms of the jurisdiction clause include all disputes arising out of the contractual relationship« , there is no forum before French courts.

Frédéric Fournier
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