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1 March 2011

Target-based variable remuneration: a reversal of case law favorable to companies

Because of the evolving case law regarding remuneration of employees, and more precisely the possibility to change employees’ remuneration, companies have been facing difficulties and/or legal uncertainty. In a decision dated March 2, 2011 (Cass.soc., n° 08-44.977), the Cour de Cassation (French Supreme Court) reconsidered its position and clarified the rules for amending targets used […]

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1 March 2011

Antitrust infringements: attribution of liability within groups of companies

By judgment dated January 20, 2011[1], the Court of Justice of the European Union (“CJEU”) further extended the scope of the so-called “decisive influence” presumption. This notion is essential to determine who is liable in case of infringements of EU competition and antitrust rules by a company that is a member of a group of […]

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1 February 2011

Severance indemnities owed to commercial agents: review of recent case law

In preamble, it should be recalled that pursuant to Article L. 134-12 of the French Commercial Code the payment of severance indemnities to a commercial agent following the termination of the contractual relationship between the commercial agent and his principal aims at compensating the agent for the future commissions lost on the business transacted with […]

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1 February 2011

Evolution of disability-related case law: when the absence of dismissal entitles employees to damages without having to prove that they suffered a damage…

In a judgment dated October 6, 2010 (n°09-13.149), the Labor Chamber of the Cour de Cassation (French Supreme Court) held that “during the suspension of the employment contract, the employer has no obligation to have the employee’s unfitness for work certified and a declaration of unfitness for work, even for all types of jobs, should […]

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