Legal Insights

In three rulings issued on November 29, 2023, published in the Information Bulletin and Annual Report of the Cour de cassation (French Supreme Court), the Commercial Chamber of said Court reversed it case law on the requirements governing the assumption of pre-incorporation contracts.

In so doing, the Commercial Chamber wished to put an end to the undesirable effects caused by parties wishing to evade their commitments, which results in the weakening of companies during the start phase of their business activities and of third-party contracting parties who have not debtor to turn to in the event of cancellation of the relevant contract(s).

In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.

These rulings concern inter alia the employer’s inexcusable fault, the signature of mutual separation agreements, harmful management practices and serious misconduct, and automatic compensation for breach of the employees’ right to rest.

The European Council and the European Parliament reached a provisional deal on a Directive that promotes the repair of broken or defective goods, also known as the right-to-repair (or R2R) Directive.

This Directive aims to increase the repair of goods within the legal guarantee and to provide consumers with simpler, cheaper options for repairing technically repairable products when the legal warranty has expired or when the good no longer functions due to wear and tear.

Sport has always played a key role in international relations. Article 165 of the Treaty on the Functioning of the European Union (TFEU) specifies that the European Union contributes to developing the European dimension in sport. However, the Court of Justice of the European Union (CJEU) has recalled in the past that sport must not hinder the application of the competition rules set forth in Article 101 (cartels and other agreements that disrupt free competition) and Article 102 (abuse of dominant position) of the TFEU.

The three judgments issued by the CJEU on December 21, 2023 have generated as much discussion as the “Bosman” judgment in 1995 which prohibited the imposition of quotas on foreign players in European soccer.

This article discusses the most notable of the three judgments, i.e., the so-called “Super League” judgment.

In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.

These rulings concern inter alia the criminal liability of employers in the context of their obligation to ensure the safety of their employees, a reversal of case law pertaining to the right of evidence in civil matters, the absolute protection of an employee on maternity leave against dismissal, and the compensation due to an employee using his/her home for professional purposes.

A provisional agreement has been reached between the European Parliament and the Council on the protection of the environment through criminal law.

This agreement relates to a proposal for a Directive, the aim of which is to improve the effective enforcement of criminal law and to combat the most serious environmental offenses which can have devastating effects on both the environment and human health.