CA Paris, p\u00f4le 5 – ch. 4, 15 mai 2019, n\u00b0 17\/20051<\/p>\n
The Paris Commercial Court of Appeal held, as we argued, that “the franchise agreement and the commercial lease agreement do not constitute a single economic transaction insofar as the performance of the franchise agreement was possible in another location, just as the performance of the lease was possible without the existence of a franchise<\/em>“.<\/p>\n <\/p>\n The Court further notes that the two contracts were not concluded between the same parties and\u00a0were\u00a0signed on different dates and for different durations. In\u00a0this particular\u00a0case, the franchise agreement was\u00a0in fact\u00a0concluded five years after the\u00a0signing\u00a0of the commercial lease.<\/p>\n <\/p>\n The Court also notes that the clause in the franchise agreement which\u00a0states\u00a0that “the franchisee may not move or transfer his business to another location without the prior written consent of the franchisor<\/em>”\u00a0does not render it impossible to operate\u00a0the franchise in another location. It\u00a0just\u00a0allows the franchisor to ensure that the franchisee does not transfer\u00a0his\u00a0business to other premises without the prior consent of the franchisor.<\/p>\n <\/p>\n The franchisee cannot therefore\u00a0claim\u00a0an alleged lapse of the franchise contract resulting from the termination of the franchise agreement.<\/p>\n","protected":false},"excerpt":{"rendered":" Absence of interdependence between the franchise agreement and the lease agreement in the absence of a contractual provision to this effect or evidence regarding the implemantation conditions of each of these contracts. CA Paris, p\u00f4le 5 – ch. 4, 15 mai 2019, n\u00b0 17\/20051 The Paris Commercial Court of Appeal held, as we argued, that […]<\/p>\n","protected":false},"author":4,"featured_media":1052,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[],"class_list":["post-2451","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\n