In a judgment dated July 4, 2013[1] the Paris Court of Appeals has recalled that a management and services agreement entered into between a provider and a beneficiary is void wherever this agreement overlaps with the exercise of a corporate management mandate within the beneficiary. The facts of the case are as follows: On June […]
There are some situations where – good faith being ineffective – it is absolutely vital to contractually impose on one’s business partners the obligation to fulfill in every respect the promises made to consumers. Such contractual precautions will at most (but it is always better than nothing!) enable to bring an action against the defaulting […]
In a civil or commercial dispute that concerns a chain of contracts under EU law, the applicable jurisdiction rules are set forth in Chapter II of the Council Regulation 44/2001 of December 22, 2000 (commonly referred to as the “Brussels I Regulation”)[1]. Article 23 of Chapter II of the Brussels I Regulation stipulates that if […]
The Health, Safety and Working Conditions Committee (“HSWCC”), a social partner whose sphere of competence was originally limited, has gradually become a key player and is now involved in many stages of the daily life of businesses. The increasing involvement of this Committee is quite logical given the growing concerns and obligations related to health […]
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[1], 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 […]
In a case concerning the music Just because of you, the theme song of the French movie Les bronzés font du ski, the Cour de Cassation (French Supreme Court) reversed its case-law in a decision handed down on July 3, 2013. Specifically, the Cour de Cassation ruled that “while the moral rights of a performing […]
Strategic Lawyering