Abstract
Abstract: This case note is a French perspective on UK Supreme Court decision in Makdessi. English law and French law are known to rely on different approaches towards contractual penalties. This seems to be confirmed after the recent (2016) reform of the French law of obligations. One of the central features of French law on contractual penalties is judicial intervention when the amount of the penalty is derisory or excessive. English law, after Makdessi, could be brought closer to French law as it puts the focus on the substance of the penalty clause and on the legitimate interest in the enforcement of the contract. However, it does so in a trend that further restricts judicial intervention, whereas French law is leaning towards a quite opposite direction.
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