Civil procedure

30 August 2018 | Soulier Avocats

Preventing the enforcement of a first demand guarantee within a few weeks’ time: Story of a successful case

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 […]

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22 December 2017 | Soulier Avocats

Is the fact that a website is accessible from France sufficient to establish the jurisdiction of French courts?

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 that occurred […]

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30 August 2017 | Soulier Avocats

Reform of the appellate procedure under French law: The main innovations applicable as of September 1, 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 […]

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26 December 2016 | Laure Marolleau

Legal privilege under US law vs. French right to evidence

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 […]

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28 April 2016 | André Soulier

Withdrawal of an order on ex parte motion: Recent clarification by the Cour de Cassation

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 […]

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