The Court of Justice of the European Union has recently issued a decision that could significantly increase the financial consequences that the members of a cartel are likely to bear. The Court held that the members of a cartel may, in certain circumstances, be ordered to provide compensation for the loss suffered by the client […]
Regulation 44/2001 known as the “Brussels I Regulation”  lays down rules on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within EU Member States. It includes provisions to determine the competent court in disputes that fall within its scope of application. The basic principle, set forth in Article […]
There are many legal cases and court decisions concerning commercial agency agreements and national courts will increasingly be asked to adjudicate international commercial agency related disputes. In May 2013, the Cour de cassation (French Supreme Court) had been called upon to determine the territorially competent court to adjudicate disputes arising from or in connection with […]
How do courts assess a serious misconduct that deprives the sales agent of its right to termination indemnities?
The sales agent status is much talked and written about these days! After having ruled on the determination of the place of performance of a sales agency contract, the Cour de Cassation (French Supreme Court) has been recently asked to consider the concept of serious misconduct that deprives a sales agent of its right to […]
Private copying and e-commerce: consumer information as a bulwark against distortions of competition and loss of revenue resulting from the non-payment of private copying levies?
The surge in the purchases of blank recording media (phones, external or multimedia hard drives, CD-Rs, DVD-Rs, USB devices, memory cards, GPSs, tablets, etc.) by French consumers has recently revealed the profound inadequacy of the French legislation on private copying remuneration. The French distributors of such media as well as the company responsible for collecting […]
Business professionals will increasingly face the difficulty of identifying the court that is territorially competent to hear disputes arising from or in connection with their activities. Even though Council Regulation (EC) No 44/2001 of December 22, 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters provides some answers, national […]