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1 July 2013

Personal emails and files: to what extent can an employer use them against its employees in the framework of a dispute? Focus on the latest case-law developments

Emails and files retrieved from an employee’s personal email account can be freely consulted by the employer, even in the absence of the relevant employee, insofar as they have been saved on the hard drive of the professional computer and are not marked “personal”.[1] This is the stand adopted by the Labor Chamber of the […]

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1 July 2013

The conditions precedent inserted in a compromis de vente pertaining to the sale of a real estate property are the law of the parties in case of difficulty at the time of the sale

Pursuant to Article 1134 of the French Civil Code, agreements lawfully entered into have the force of law for those who have made them. They may be revoked only by mutual consent, or for causes authorized by law.  The signature of a compromis de vente, i.e. a preliminary sale agreement, also referred to as a […]

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1 July 2013

Sudden breach of established business relationships: only the duration of the notice period should be taken into account, regardless of any facts or events that occurred after the notification of the breach

Article L. 442-6, I §5 of the French Commercial Code sanctions the fact of suddenly breaching, even partially, an established business relationship. Pursuant to this Article, the sudden termination of a business relationship is characterized by the lack of a notice period or by the application of a notice period that is insufficient given the […]

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1 June 2013

Law on securing employment: the new obligations imposed on businesses in return for increased labor market flexibility and greater legal certainty

Law n°2013-504 of June 14, 2013 on securing employment (the “Law”) was published in the Official Journal on June 16. Our March 2013 and May 2013 e-newsletters addressed two flagship measures of the Law: the new procedural framework governing large-scale collective dismissals and the introduction of so-called job preservation agreements. In addition to these major […]

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1 June 2013

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 […]

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1 June 2013

Disputes arising out of commercial agency contracts: what is the competent jurisdiction?

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 […]

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