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28 June 2016

General terms that have not been accepted are unenforceable

In a judgment dated May 3, 2016[1], the Court of Appeals of Versailles provided a new illustration of a long established case-law according to which the general terms of a party are contractually binding only if they have been accepted, at the time the contract was formed, by the party against whom such terms are […]

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28 June 2016

Corporate officers have a duty of loyalty with respect to sales of shares

In a decision dated April 12, 2016[1], the Commercial Chamber of the Cour de Cassation (French Supreme Court) clarified the scope of a well-established case-law according to which corporate officers/members of company boards, who are bound by a duty of loyalty towards their shareholders, must disclose to the shareholders wishing to sell them their shares […]

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27 April 2016

Outsourcing of production activities: A new legal requirement imposes the conclusion of a written agreement in certain cases

After two years of waiting, the implementing Decree setting forth the threshold above which the conclusion of a written agreement in the context of outsourcing of production activities is mandatory under Article L. 441-9 of the French Commercial code has finally been published. The conclusion of a written agreement is henceforth mandatory for any purchase […]

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27 April 2016

The “Sapin II” Bill: Towards strengthened rules to combat corruption

Regularly singled out for criticism for lack of efficiency of its anti-corruption arsenal, France finally seems committed to catch up in this field. The so-called “Sapin II” Bill, which should be debated in the French Parliament at the beginning of June 2016, heralds significant changes in the fight against corruption. A draft Bill on “transparency, […]

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