Strategic Lawering Paris Lyon Bruxelles

Private International Law

Published at 27 June 2019
Author : Pauline Kubat
E-newsletter: June 2019
Bringing a legal action against a person domiciled in another Member State of the European Union requires compliance with a whole series of European and national provisions relating to the international service of judicial documents. In a decision handed down on April 11, 2019, the Cour de Cassation (French Supreme Court) specified the requirements for the international service of a writ of summons when the defendant does not appear before the French court to which the case has been brought.
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Published at 30 April 2019
Author : Emilie Yildiz
E-newsletter: April 2019
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.
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Published at 22 December 2017
Author : Anaëlle Idjeri
E-newsletter: December 2017
On the Internet, determining the location of a damage is particularly complex as such damage may occur in a multitude of places. In this context, the question arises as to what criterion should be applied to determine the court that is territorially competent to hear a tort claim seeking compensation for the damage resulting from a harmful event that occurred on the Internet. In a decision dated October 18, 2017, the First Civil Chamber of the Cour de Cassation (French Supreme Court) recalled that the mere fact that the French audience has access to a website broadcasting a video ad that infringes copyrights is sufficient to establish the jurisdiction of French courts.
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Published at 26 December 2016
Author : Laure Marolleau
E-newsletter: December 2016
Can legal privilege under US law prevent the enforcement of a preparatory inquiry in futurum (literally for the future) ordered in France? Under French law, preparatory inquiries in futurum are designed to establish or preserve evidence, most of the time in connection with a future trial. Their implementation may be hindered by several barriers, including business secrecy, professional secrecy, employees’ right to privacy, or else the interference with the specific procedure called saisie-contrefaçon (i.e. search and seizure to document and establish infringements of IP rights). In a decision issued on November 3, 2016, the Cour de Cassation (French Supreme Court) ruled on the tricky issue of how to accommodate the protection of professional secrecy and the right to evidence in an international context.
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Published at 31 March 2016
Author : Laure Marolleau
E-newsletter: March 2016
Is it possible to set aside the application of the provisions set forth in Article L. 441-6 of the French Commercial Code that limits payment terms in contracts for the international sale of goods entered into between French suppliers and foreign clients (based in one of the EU Member States) when such contract is governed by the law and subject to the jurisdiction of a court of the State where the clients are established? In such a case, is it possible for the French administrative authorities to sue the contractual parties before a French court on the basis of the provisions of the French Commercial Code? These were the questions asked to the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee, hereinafter the “CEPC”) by a lawyer in a letter dated December 10, 2013 and to which it provided some answers in its opinion n°16-1 issued on January 14, 2016 .
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Published at 29 October 2015
Author : Laure Marolleau
E-newsletter: October 2015
Unilateral (or asymmetrical) jurisdiction clauses may vary in form and nature. However, such clauses always provide for an option to only one of the parties allowing it to choose the court that will be competent in case of a dispute. The validity of such unilateral jurisdiction clauses has been brought into question by several jurisdictions, starting with the Cour de Cassation (French Supreme Court). In its eBizcuss decision dated October 7, 2015 , the Cour de Cassation has provided an answer to the following question: Can a jurisdiction clause allow/enable one of the parties to bring its claims before a court other than the court it designates?
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Published at 01 April 2014
Author :
E-newsletter: April 2014
In a decision dated March 25, 2014, the Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled on the sensitive issue of the determination of the law applicable in case of breach of business relationships .
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Published at 01 December 2012
Author : Laure Marolleau
E-newsletter: December 2012
After 10 years of application, Council Regulation (EC) N°44/2001 of December 22, 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (known as "Brussels I Regulation") is being recast.
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