No one can be expected to do the impossible.
By judgment dated September 7, 2015, provisionally enforceable, the Commercial Court of Lyon ordered one of our clients – an asset manager – to produce a number of accounting and financial documents to one of its former clients, subject to a daily penalty of 5,000 euros. Yet, the documents in question had been placed under seizure pursuant to a judicial order, pending a final decision of trial judges on what should be done with these documents.
The opposing counsels claimed that the order of the Commercial Court of Lyon implied for our client the obligation to authorize the lift of the seizure. As our client did not do so, the opponent sued it before the Enforcement Judge to seek the payment of the penalty – more than 1 million euros – and the removal from the list of cases of the appellate proceedings that we had initiated. The request filed by the opposing counsels was dismissed both by the Enforcement Judge and the Case Management Judge of the Court of Appeals of Lyon.
A recent case – there is no need to mention the name of the person involved since the media have extensively echoed the accusations made by boy scout victims of sexual abuses by a priest in the 1980’s and at the beginning of 1991 following the recent indictment of such priest on charges of sexual assaults – has moved public opinion.
Plaintiffs claim that their Bishop had been timely informed of the turpitudes of the priest and blame him for failing to alert the judicial authorities on the threat posed by the priest in the performance of his parish duties.
SOULIER AARPI, represented by Mr. André Soulier assisted by Ms. Stéphanie Yavordios, recently received a favorable decision from the Cour de Cassation (French Supreme Court) in a dispute concerning, in particular, the conditions in which court bailiffs enforced an ordonnance sur requête (i.e. a court order on ex parte motion) issued on the basis of Article 145 of the French Code of Civil Procedure.
The Cour de Cassation was asked to determine (i) whether disputes over the enforcement of preparatory inquiries ordered as a result of an ex parte motion fell within the jurisdiction of the juge de la rétractation (i.e. the judge having jurisdiction to withdraw a court order or decision), and (ii) whether the presence of some agents of bailiff firms during the inquiries – whereas the presence of such persons had not been expressly authorized by the court order – was likely to affect the validity of the such inquiries.
By judgment dated March 17, 2016, the Cour de Cassation firstly held that disputes over the enforcement of preparatory inquiries do not fall within the jurisdiction of the juge de la rétractation. It also held that the presence of agents of bailiff firms during the preparatory inquiries does not affect the validity of such inquiries insofar as the court bailiffs perform personally the assignments that have been entrusted to them by the court.
As announced in our December 2014 e-newsletter, following FIFA’s decision to ban Third-Party Ownership (“TPO”) arrangements worldwide, the French Professional Football League (“LFP”) had decided to launch a fact-finding mission with the League 1 and League 2 professional clubs, as well as participants in TPO arrangements, the players’ union, and sports agents who have already dealt with this type of arrangements.
As Chair of the Legal Affairs Commission of the LFP, I filed in late April my report on the hearings conducted on this issue, a report that also contains recommendations for the future.
The professional football industry, a thriving business (increased TV rights, emergence of major sportswear and football equipment suppliers, implementation of new economic models by football clubs through the ownership of stadiums where people can now do many things other than just watching a game, etc.), naturally strives to ensure the integrity and loyalty of sports competitions and events, two fundamentals for the respect and credibility that it is trying to gain and/or maintain on all continents.
In this shifting landscape, a new approach to professional football player contracts has emerged in the past few years: the TPO or Third Party Ownership.
The decision rendered on March 8, 2012 by the Court of Appeals of Nîmes that we, as counsel of one of the largest creditors of BELVEDERE, eagerly awaited, put an end to the “procedural” saga of this worldwide leader in wine and spirits. The Court of Appeals of Nîmes reversed the judgment handed down on July 1, 2011 by the Commercial Court of Nîmes that had extended to BELVEDERE the safeguard proceedings initiated in respect of its second-tier subsidiary MONCIGALE and nullified - on the ground of abuse of authority - the judgment dated September 20, 2011 that had converted the safeguard proceedings extended to BELVEDERE into receivership proceedings. The decision of March 8, 2012 thus opened the way for the initiation of receivership proceedings against BELVEDERE in Dijon, which was done on March 20.
By judgment dated December 1, 2011, the Court of Appeals of Nîmes authored a new chapter of the “procedural” saga of BELVEDERE, a worldwide leader in wine and spirits. As counsel of one of the largest creditors of BELVEDERE, this is a case that we carefully monitor. The judgment of December 1 did not settle all pending issues. The Court will re-open the trial on January 5, 2012. Yet, the handed down judgment does clarify a procedural issue that had never been dealt with in the past concerning the suspensive effect of the Public Prosecutor’s appeal against a judgment ordering the conversion of safeguard proceedings into receivership proceedings.
A survey carried out by the European Foundation for the Improvement of Living and Working Conditions revealed that violence at the workplace affects a large number of workers: 3 million workers are subjected to sexual harassment, 6 million workers are subjected to physical violence and 12 million workers are subjected to intimidation and bullying. In France an IPSOS survey published in 2000 showed that 3 workers out of 10 considered that they were victims of moral harassment at their workplace.
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