Reed Smith Client Alerts

The Court of Appeal’s judgment in Coty France further confirms the shift initiated by the Court of Justice and the French Supreme Court following recent decisions under EU and French law in the Coty Germany and Caudalie cases. In doing so, the judgment generally favours the protection of brand owners over the development of e-commerce platforms.

In a recent judgment of 6 December 2017, the Court of Justice of the European Union (CJEU) upheld a clause prohibiting authorised retailers in a selective distribution system from selling luxury goods on third-party online platforms, such as Amazon (see our previous alert on the Coty case).

On 28 February 2018, the Paris Court of Appeal applied the conclusions of that judgment in a separate case, involving litigation this time SAS Coty France (Coty France) and (Showroomprive).