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Case law : withdrawal by a promisor of a unilateral undertaking to sell

Published on 05 july 2023

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Judith LEWERTOWSKI

Attorney - Paris

Competition – Sales and Distribution – Commercial Contracts

In a ruling handed down on 15 March 2023, the Commercial Chamber of the French Supreme Court (Cour de cassation) coordinated its case law on the withdrawal of a promisor of a unilateral undertaking to sell within the option period.

From now on, promises governed by law both before and after the Order of 10 February 2016 may be enforced by compulsory execution if the promisor withdraws, even if the option period has not yet begun to run.

Read the article by Judith LEWERTOWSKI, attorney, for Eurojuris on this subject. 

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