INFO LE FIGARO – The Court of Appeal of Paris believes that the independent group has collected that sum improperly with 48 of its suppliers. Among the injured, Ferrero, Nestlé-Lactalis, Fleury Michon and Bonduelle.
So Intermarche and U system are within the scope of Bercy subpoena for abusive commercial practices in the 2014 negotiations is to Leclerc’s turn to be under the spotlight. According to our information, the independent group has been sentenced Wednesday by the Court of Appeal of Paris to repay € 61.3 million wrongly perceived to 48 of its suppliers (including AB Inbev, Bonduelle, Ferrero, Jacquet or United Biscuits). These amounts correspond to the end of year discounts (RFA) negotiated by Galec (Leclerc central purchasing group) with its suppliers in 2009 and 2010 in exchange for counterparts (achieving a certain level of turnover, Business …).
Unlike the Intermarché and Système U assignments, date of 2011. At the time proceedings had attacked Bercy Galec on inspection by Fraud (DGCCRF) of 300 of its contracts, some of which brought out the requests of abusive rebates given the proposed compensatory measures. Dismissed at first instance, Bercy has this time been successful, the Court of Appeal of Paris considered that these requests were creating a “significant imbalance” between the industrial and the sign in favor of the latter.
The judge therefore ordered Leclerc to pay the Treasury the sums unduly received, more than 61 million euros. According to the judgment that Le Figaro has procured 48 big manufacturers are concerned, most being harmed Ferrero (€ 9.3 million), Lactalis-Nestlé (5.4 million), Fleury Michon (4.9 million) or Bonduelle (2.5 million). The refund will be matches with a fine of 2 million euro, as provided by the Commercial Code in the event of illegal trade practices. “This decision gives the judge the ability to question the price negotiated between distributors and manufacturers. It is a challenge to the principle of listing price in line with the modernization law of the 2008 economy, “responded Leclerc. The sign will lodge an appeal.
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