MIL OSI Translation. Government of the Republic of France statements from English to French –
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The mere fact of creating and participating in an association defending the interests of the franchisees does not constitute an infringement of the franchisee’s image of the network or a breach affecting the interests of the franchisor. This was decided by the Cour de Cassation on November 28, 2018.
A franchisee merchant participated in the creation of an association for the defense of the interests of the franchisees and animated it. The franchisor was of the opinion that the creation of such an association by its franchisees constituted an unfair attitude towards it and damaged the image of the group and its brand. He therefore demanded the termination of the franchise contracts and the payment of indemnities.
The court of appeal had agreed with the franchisor. However the stop is broken. The Court of Cassation recalled the principle of freedom of association guaranteed by the European Convention on Human Rights. Consequently, it found that the fact of creating and participating in a defending franchisees’ association did not in itself constitute an infringement of the network’s brand image or a serious breach of the franchisor’s interests.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.