Legal Insights

The Law n°2009-1255 aimed at facilitating access to credit for small and medium sized businesses (SMBs) and improving the operation of financial markets (the “Law”) was promulgated by the President on October 19, 2009, after a partial invalidation by the Constitutional Council. Only one day after it had been adopted on first reading by the […]

France is required to transpose the Directive 2007/64/EC of November 13, 2007 on payment services in the internal market before November 1, 2009. This has been done with the publication of the Order no. 2009-866 dated July 15, 2009. The Directive on payment services provides the legal framework necessary for the implementation of a single […]

1. The European Commission’s new approach to deal with abuse of a dominant market position While it is not illegal for one or several companies to hold a dominant market position within the European common market, the abuse of such dominant position is strictly prohibited by Article 82 of the EC Treaty. Until now, to […]

The European Commission’s new approach to deal with abuse of a dominant market position While it is not illegal for one or several companies to hold a dominant market position within the European common market, the abuse of such dominant position is strictly prohibited by Article 82 of the EC Treaty. Until now, to assess […]

The Law for the Modernization of the Economy dated August 4, 2008 (known as the “LME Law“ instituted a ceiling for contractual payment terms agreed between professionals : “45 days end of month” or “60 days as from the date of issuance of the invoice” (Article L.441-6 paragraph 9 of the French Commercial Code “FCC”), considering […]

Article 95 of the Law 2008-776 dated August 4, 2008 known as the Law for the Modernization of the Economy (the “LME”) established a new competition authority called Autorité de la concurrence (the “Competition Authority”). Ordinance 2008-1161 of November 13, 2008 (the “Ordinance”) implemented the creation of this Competition Authority which is vested with expanded […]