La qualificazione della responsabilità derivante da rottura brusca di relazioni commerciali stabili: gli effetti delle sentenze della Corte di giustizia sulla giurisprudenza francese

The French provision governing the abrupt termination of long-standing business relationships (Art. L. 442-1, II code de commerce) raises in the context of private international law some issues that are still debated: notably, the question of the characterization of the nature of the liability under this provision. The French Court of Cassation has classified this liability in terms of its nature as both contractual and non-contractual. In particular, the latter characterization (délictuelle) appeared to have prevailed in the French case-law, the majority of which identified French courts as having jurisdiction over, and French law as applicable to, the present case (following the underlying logic of protection of the French victim and market). This trend has been partially changed following the intervention of the Court of Justice of the European Union (“CJEU”). In fact, in the presence of certain circumstances (in particular, in the presence of a silent contract), in Granarolo the CJEU characterized the liability in question as contractual. This article analyzes how this decision can foster the unity of private international law solutions at the European level.