Practice Areas
Commercial Law
Commercial Law Advisory Services and Litigation
Commercial law governs all business-to-business relationships: sales contracts, distribution agreements, service contracts, commercial leases, general terms and conditions, and any resulting disputes. At BTK Suchet Avocats, we provide both pre-litigation services to ensure contracts are sound and prevent disputesand litigation representation before commercial courts and civil courts.
Our attorneys are well-versed in the specifics of French commercial law and have an in-depth understanding of the differences between it and German law, which proves invaluable in cross-border business relationships.
Our Commercial Law Services
We assist our clients in drafting and negotiating commercial contracts (sales, distribution, franchising, commercial agency), managing commercial leases (renewal, reclassification, lease assignment), disputes arising from the abrupt termination of established business relationships (Article L. 442-1 of the Commercial Code), disputes regarding anti-competitive practices, and commercial arbitration proceedings.
Frequently Asked Questions : Commercial Law
Article L. 442-1 of the Commercial Code penalizes the abrupt termination—whether total or partial—of an established commercial relationship, provided it occurs without sufficient notice. What constitutes reasonable notice depends on the duration of the relationship, the volume of business, and the partner’s degree of economic dependence. A breach of this provision exposes the party at fault to liability for damages.
The General Terms and Conditions of Sale must include, at a minimum, the terms of sale, the price list, payment terms, late payment penalties, and payment methods. They form the basis of commercial negotiations (Article L. 441-1 of the Commercial Code). Careful drafting helps prevent future disputes.
The Commercial Court has jurisdiction over disputes between merchants and those relating to commercial transactions. The proceedings are oral, and the judges are elected merchants. The process begins with a summons, followed by a pretrial conference, and then one or more hearings for the presentation of arguments before a judgment is rendered.
In the absence of a choice-of-law clause, the Rome I Regulation (EC No. 593/2008) designates the law of the country where the principal party has its habitual residence. The parties may, however, freely choose the applicable law. It is strongly recommended that this be expressly stipulated in the contract.