Abrupt termination of a long-standing business relationship and action for damages
Published on 1st August 2017
THE ABRUPT TERMINATION OF A LONG-STANDING BUSINESS RELATIONSHIP CONCERNS MATTERS RELATING TO A CONTRACT
CJEU 14.07.2016, C-196/15, Granarolo SpA/Ambrosi Emmi France SA
Jochen Bauerreis
Avocat & Rechtsanwalt
Partner
Caroline Laurent
Avocate
Department of International & German / French law
By a judgment of the 14th July 2016, the Court of Justice of the European Union ruled, basing on the Brussels I Regulation, now replaced by the Brussels I Recast, that a damage action based on a abrupt termination of a long-standing business relationship was a matter relating to contract, (at least) if a tacit contractual relationship existed between the parties.
This solution is the opposite of the position defended by the “Chambre commerciale” (Commercial chamber) of the French Supreme Court, considering the abrupt termination of a long-standing business relationship as a tort law action.