Strategic Lawering Paris Lyon Bruxelles

Articles from Geoffroy Lacroix

Published at 30 April 2019
E-newsletter: April 2019
In a decision dated February 13, 2019, the Cour de cassation (French Supreme Court) confirmed that a jurisdiction clause stipulated in connection with a sale agreement and included in the general terms of sale may extend to tort disputes likely to arise between the parties.
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Published at 30 January 2019
E-newsletter: January 2019
In November 2018, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (General Directorate for Competition, Consumer Protection and Frauds) published the results of its investigation concerning compliance with the rules on economic protection of consumers in the electronic communications industry. The investigation revealed many breaches of French consumer law provisions by investigated operators.
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Published at 31 October 2018
E-newsletter: October 2018
The year 2018 marks a significant shift in the deployment of telemedicine in France. Teleconsultations are henceforth reimbursed by the French Health Insurance Fund, just like “standard” consultations. This practice has also been liberalized through the repeal of the obligation to enter into contracts with regional health agencies and agreements between operators that carry out a telemedicine activity.
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Published at 30 August 2018
E-newsletter: August 2018
In a decision dated April 5, 2018, the Commercial Chamber of the Cour de Cassation (French Supreme court) confirmed that failure by a party to achieve the sales targets set forth in a contract does not alone suffice to justify the termination of an established business relationship without prior notice. The trial judges must indeed specify why failure to meet this obligation is likely to establish the existence of a breach that is sufficiently serious to justify the termination.
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Published at 27 April 2018
E-newsletter: April 2018
In a judgment dated February 16, 2018, the Paris Court of Appeals recalled that the party which suffers from a significant imbalance in the rights and obligations of the contractual parties, within the meaning of Article L. 442-6, I, 2° of the French Commercial Code, must be able to demonstrate that it had no real power to negotiate the contentious clauses, in particular in case of a model contract or standard-form agreement. If it is not able to do so, any claims brought on that basis will be dismissed.
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Published at 28 February 2018
E-newsletter: February 2018
In a judgment dated December 7, 2017, the Court of Justice of the European Union (CJEU) recalled the criteria to be applied to determine whether software constitutes a medical device. According to the findings of the CJEU, software that permits the use of data specific to a patient in particular to detect contraindications, drug interactions and excessive dosages constitutes a medical device, even though it does not act directly in or on the human body.
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Published at 29 November 2017
E-newsletter: November 2017
In an opinion dated September 21, 2017 and released in early November, the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee) ruled on the lawfulness of the payment of year-end rebates provided for in an annual agreement between a supplier and a distributor whereas the requirements applicable for such payment were not met.
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Published at 30 October 2017
Category : New Technologies
E-newsletter: October 2017
With a view to tightening digital platforms’ transparency and loyalty towards consumers, three Decrees published on September 29, 2017 have clarified the information requirements imposed on the operators of such platforms. Some of the measures introduced by the Decrees must be implemented by January 1, 2018.
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Published at 29 September 2017
E-newsletter: September 2017
In a decision dated June 21, 2017, the Cour de Cassation (French Supreme Court) ruled that the termination of a distribution agreement during the contractual trial period could not be considered as abusive. It follows from this decision that the parties are free to include in a distribution agreement a trial period during which each of them has a unilateral termination right.
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Published at 31 March 2017
E-newsletter: March 2017
On February 23, 2016, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (General Directorate for Competition, Consumer Protection and Frauds, hereinafter “DGCCRF”) released it 2016 activity report. In this report, the DGCCRF – which monitors the proper operation of the markets to the benefit of consumers and businesses – highlights the salient facts of 2016 concerning inter alia the balance of business relationships, the fight against late payments and the fight against anti-competitive practices. It also provides a status report on its activity concerning the rules on economic protection of consumers and the fight against abusive practices.
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