An Initial Mixed Decision On The Unfairly Low Transfer Price

In a ruling handed down on 22 February 2024, the Bordeaux Commercial Court had the opportunity to apply, for the first time, article L. 442-7 of the French Commercial Code, which prohibits any purchaser of agricultural or food products from allowing their supplier to charge unfairly low transfer prices. Although the court broadly ruled in favour of the winegrower who had brought the case on this basis, it is not certain that this decision will calm the anger of farmers, who have been calling loud and clear for more remunerative prices for several weeks.

In an article for Lamyline Actualités du droit, Caroline Bellone-Closset, a attorney with the firm Concurence Distribution et Contarts, sheds light on the first application of Article L. 442-7 of the Commercial Code by the Bordeaux Commercial Court.