Background

The claimant lodged an application seeking permission to import its products. It argued that the defendant had breached a distribution agreement in which the defendant was exclusive and sole distributor of the claimant's products. The agreement allowed the claimant to appoint a substitute distributor in cases of a breach. The court ordered that the claimant be allowed to import products into the country, and the defendant filed a counterclaim. The Court of First Instance then revoked the order and the claimant appealed. The Court of Appeal affirmed the order and the defendant appealed.

Decision

At the Court of Cassation the defendant argued that the judgment had forgotten the order only had provisional legal effect and did not amount to termination of the agency. Therefore the claimant could not be allowed to import products until the agency was terminated. The court agreed and reversed the appealed judgment. The claimant could not import its products while the dispute between the parties was pending.