On May 17, 2017, Directive 2017/828 of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement in listed companies was adopted.
This revision of Directive 2007/36/EC aims to change practices brought about by the 2008 financial crisis, which, by promoting short-term yields, lead to sub-optimal corporate governance and performance.
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.
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.
Decree n°2018-1126 of December 11, 2018 on the protection of trade secrets adopted in furtherance of Law n°2018-670 of July 30, 2018 was published in the Official Journal of the French Republic on December 13, 2018.
This eagerly awaited Decree further details the procedural aspects related to the protection of trade secrets and offers innovative and pragmatic solutions to maintain a balance between the various interests at stake throughout the procedure.
The vast majority of the provisions set forth in the Decree entered into force on December 14, 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.
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.
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.
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.
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.
“Appearances can be true” according to French poet Eugene Guillevic. In a decision dated February 3, 2015, the Cour de Cassation (French Supreme Court) endorsed this oxymoron by ruling that a parent company that interferes in the commercial relationship of one of its subsidiaries, thereby suggesting that it has substituted itself for the latter in the performance of a contract, can be held liable for the sums due by the subsidiary under such contract.
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