Summary

Applying Article L. 442-6 I 5° of the Commercial Code, in the version in force on the day of the termination, the ICCP-CA, which recalls that the notice period is assessed at the time of notification of the termination (§78), held that in this case it was insufficient since the commercial relationship had lasted 16 years. It set the notice period at 12 months (§96). Ruling on damages, the Court stated that if the victim is entitled to claim the costs of dismissals and indemnities for the termination of the leasing contracts, "it is however up to the victim to establish that these costs are the consequence of the abruptness of the termination and not the sole consequence of the termination" (§104), which was not proven in this case.