Regularly singled out for criticism for lack of efficiency of its anti-corruption arsenal, France finally seems committed to catch up in this field. The so-called “Sapin II” Bill, which should be debated in the French Parliament at the beginning of June 2016, heralds significant changes in the fight against corruption. A draft Bill on “transparency, […]
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 […]
The principle is not new but deserves to be recalled: A party that breaches its contractual obligations may be held liable not only towards its co-contracting party but also towards third-parties. This was re-affirmed by the Cour de Cassation (French Supreme Court) in a decision issued on October 20, 2015 in connection with a dispute […]
In a judgment dated November 10, 2015, the Cour de Cassation (French Supreme Court) confirmed that late penalties provided for under Article L. 441-6 of the French Commercial Code are to be considered as default interest. As such, these penalties can bear interest, as per Article 1154 of the French Civil Code. Article L. 441-6 […]
Neither the public policy nature of the provisions set forth in Article L. 442-6 of the French Commercial Code nor the exclusive jurisdiction granted to judicial courts to hear restrictive trade practices related cases – including cases concerning the sudden breach of an established business relationship – precludes the use of arbitration to settle disputes […]
To assess the length of an established business relationship and determine the notice period that ought to be applied prior to the effective termination thereof, the length of the business relationship that preceded the sale of a business going concern must not be taken into account wherever it is not demonstrated that the purchaser of […]
Strategic Lawyering