Business Law

30 April 2019 | Stéphanie Yavordios

Termination of a business relationship without suddenness: Recent case law illustrations

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.

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29 March 2019 | Stéphanie Yavordios

Disparagement: Freedom of expression must be further taken into account

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 […]

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29 March 2019 | Emilie Yildiz

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 […]

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30 January 2019 | Geoffroy Lacroix

DGCCRF’s investigation in the electronic communications industry

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 […]

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30 January 2019 | Emilie Yildiz

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[1], 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 […]

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