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 two decisions issued on the same day, the Commercial Chamber of the Cour de Cassation (French Supreme Court) provided two illustrations of situations in which it can dismiss a claim for sudden breach of an established business relationship.
These two decisions are worth noting in a case law landscape where this concept defined by Article L. 442-6 I 5e of the French Commercial Code and relied upon on a recurrent basis before the courts, frequently results in a judgment being entered against the breaching party.
In a recent decision, the Commercial Chamber of the Cour de Cassation (French Supreme Court) has qualified the conditions for the application of disparagement by incorporating the right to freedom of expression in its reasoning. This case-law development is not neutral for economic players likely to be confronted with situations of disparagement in the conduct […]
Exclusion of shareholders: The French Supreme Court endorses a by-laws provision that excludes the vote of the excluded shareholder
There are many legal cases and court decisions concerning the exclusion of shareholders because disputes between shareholders are frequent and the exclusion sensitive to implement practice. While judges ensure strict compliance with the terms and conditions that govern the exclusion of shareholders, some legal tricks do enable to circumvent the inflexibility of the rules of […]
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 […]
Amendment to the PACTE Bill: The performance of a legal audit of small businesses, a new task allotted to statutory auditors
In a previous article published in October 2018, we addressed the bill on business growth and transformation, known as the “PACTE Bill” in French, and commented the provisions concerning the increase of the thresholds applicable for the appointment of statutory auditors and the end of the compulsory appointment of statutory auditors in certain types of […]