Strategic Lawering Paris Lyon Bruxelles

Civil Procedure

Published at 28 September 2018
Author : Isabelle Cottin
Category : Civil Procedure
E-newsletter: September 2018
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.
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Published at 30 August 2018
Author : Flore Foyatier
E-newsletter: August 2018
To prevent the abusive and imminent enforcement of a first demand guarantee, Soulier AARPI, represented by Mrs. Catherine Nommick, Ms. Flore Foyatier and Ms. Isabelle Cottin, obtained in less than a week an injunction from the President of the Commercial Court of Paris who ordered the bank to suspend the payment of the funds under the guarantee pending a decision of the summary judge, and then, in less than a month, a decision of the summary judge who acknowledged that the request for enforcement of the guarantee was obviously abusive, and enjoined the bank not to grant such a request. This lawsuit – managed in a situation of urgency with a successful outcome – provides the opportunity to recall the circumstances and procedural means in/by which the request for enforcement of a first demand guarantee can be successfully challenged.
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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 30 August 2017
Category : Civil Procedure
E-newsletter: July / August 2017
Six years after the entry into force of Decree n°2009-1524 of December 9, 2009 referred to as the “Magendie” Decree, the appellate procedure is about to be significantly amended. Indeed, Decree n°2017-891 of May 6, 2017 relating to pleas of lack of jurisdiction and appeals in civil matters, published in the Official Gazette on May 10, 2017, brings about substantial changes to this procedure. Such changes, which are primarily aimed at speeding up the appellate procedure and limiting court congestion, introduce strict rules that must be followed to avoid serious pitfalls such as invalidation, inadmissibility or nullity which may in the worst case scenario entail the sudden and final end of the appellate proceedings. This article addresses the main procedural innovations brought about by the reform, such innovations to become effective on September 1, 2017.
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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 28 April 2016
Category : Civil Procedure
E-newsletter: April 2016
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.
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