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1 February 2011

Severance indemnities owed to commercial agents: review of recent case law

In preamble, it should be recalled that pursuant to Article L. 134-12 of the French Commercial Code the payment of severance indemnities to a commercial agent following the termination of the contractual relationship between the commercial agent and his principal aims at compensating the agent for the future commissions lost on the business transacted with […]

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1 February 2011

Evolution of disability-related case law: when the absence of dismissal entitles employees to damages without having to prove that they suffered a damage…

In a judgment dated October 6, 2010 (n°09-13.149), the Labor Chamber of the Cour de Cassation (French Supreme Court) held that “during the suspension of the employment contract, the employer has no obligation to have the employee’s unfitness for work certified and a declaration of unfitness for work, even for all types of jobs, should […]

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1 January 2011

Health claims on food products: a few clues for greater clarity

Until the adoption of Community Regulation 1924/2006[1], the assessment of health claims in relation to the labeling, presentation or advertising of food products was most of the time carried out a posteriori. In France, the Direction Générale de la Concurrence, Consommation et de la Répression des Fraudes (General Directorate for Competition Policy, Consumer Affairs and […]

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1 January 2011

What should be learned from the new eu rules on horizontal cooperation agreements?

In many aspects, the year 2010 has been the year of the modernization of EU competition and antitrust rules. Indeed, in the wake of the adoption of new rules on vertical cooperation agreements[1] and on certain categories of industry-specific agreements[2], two additional horizontal agreements block exemption regulations (“New Regulations”) were adopted on December 14, 2010[3], […]

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