In a decision dated December 15, 2009[1], the Commercial Chamber of the Cour de Cassation (French Supreme Court) recalled the importance of the drafting of pre-emption clauses and ruled that such clauses would not apply in case of contribution of shares. Please recall that a pre-emption clause gives shareholders a priority right to acquire any […]
On September 15, 2009, the Cour de Cassation (French Supreme Court) held that “the qualification of established commercial relationships within the meaning of Article L. 442-6, 1, 5e of the French Commercial Code is not conditioned by the existence of a permanent and continuous exchange between the parties and that successive specific one-time contracts may […]
The decision rendered on July 1, 2009 (no. 07-42675) by the Labor Chamber of the Cour de cassation (French Supreme Court) was addressed in our July-August 2009 e-newsletter, in which we expressed our concern about the possible direction of the principle of equal treatment between employees. According to this decision, “the sole difference of professional […]
In July 2002, case law was reversed and non-competition clauses were required to have financial counterparts. Consequently, companies turned towards other more restrictive clauses prohibiting employees from soliciting the existing and possibly future clients of his former employer at the end of the employment contract. For a long time, these non-solicitation of clientele clauses were […]
The Law n°2009-1255 aimed at facilitating access to credit for small and medium sized businesses (SMBs) and improving the operation of financial markets (the “Law”) was promulgated by the President on October 19, 2009, after a partial invalidation by the Constitutional Council. Only one day after it had been adopted on first reading by the […]
The Law no. 91-593 dated June 25, 1991 transposing the European Union Directive 86/653 EEC of 18 December 1986 is notoriously protective of the status of commercial agent it created. For example, Articles L. 134-1 et seq. of the French Commercial Code (codifying the aforementioned Law) notably grants the agent a virtually automatic right to […]
Strategic Lawyering