Laid down by the Plenary Assembly of the Cour de Cassation in February 2009, the principle of estoppel ensures a consistency in litigants’ discussions before a court of law as it prohibits a party to contradicts itself at the expense of others.
Since the beginning of the year 2018, the Cour de Cassation has delivered no less than seven decisions that further specify the nature and the scope of this principle under French law.
Two years after the adoption of the so-called Trade Secrets Directive, the Bill endorsed by the Joint Committee (i.e. a legislative committee composed of an equal number of members from the Senate and the National Assembly) on March 24, 2018 was finally passed by Parliament on June 21, 2018.
This article provides insights on the three chapters of the Bill: Scope and conditions of application, measures to prevent, put an end to, and obtain redress in case of infringement of a trade secret, and general provisions to protect trade secrets before civil and commercial courts.
Pursuant to Article L. 221-18 of the French Consumer Code (“FCC”) introduced by Law of March 17, 2014, a consumer who makes a purchase online benefits from a right of withdrawal, with no additional fee. Specifically, this right of withdrawal applies to distance and off-premises contracts as well as to contracts entered into following a cold calling.
In a decision dated January 17, 2018, the First Civil Chamber of the Cour de Cassation (French Supreme Court) recalled the sanction that may be imposed on a trader that does not reimburse the sums already paid by a consumer who exercises his/her right of withdrawal. It also further specified the concept of “clearly customized goods” set forth in Article L. 221-28 of the FCC that excludes the application of the right of withdrawal.
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