In order to remedy the growing reluctance of banks to extend credit to micro-companies, small- and medium-sized businesses and so called entreprises de taille intermédiaire, i.e. literally intermediate-sized companies, the Law on growth, economic activity and equality of economic opportunity, commonly known as the “Macron Law”, has created a new exception to the French banking […]
On February 16, 2016, the Commercial Chamber of the Cour de Cassation (French Supreme Court) handed down an interesting decision[1] concerning the abusive breakdown of negotiations. This decision, which is consistent with the line of decisions rendered on that subject, brings additional clarification about the breakdown of on-going negotiations for the sale of a business […]
In a judgment dated May 3, 2016[1], the Court of Appeals of Versailles provided a new illustration of a long established case-law according to which the general terms of a party are contractually binding only if they have been accepted, at the time the contract was formed, by the party against whom such terms are […]
In a decision dated April 12, 2016[1], the Commercial Chamber of the Cour de Cassation (French Supreme Court) clarified the scope of a well-established case-law according to which corporate officers/members of company boards, who are bound by a duty of loyalty towards their shareholders, must disclose to the shareholders wishing to sell them their shares […]
A company subject to a raid by agents of the French Competition Authority that raises concerns during the search and seizure operations is not entitled to refer itself the matter to the Juge des Libertés et de la Détention (Liberty and Custody Judge). This can only be done by the law enforcement officers who attend […]
The objective of the so-called “El-Khomri Bill” – as was the objective of the so-called “Macron Law”, clearly not fully achieved – was to make French labor and employment law more flexible, in particular to increase the attractiveness of the French marketplace in the eyes of foreign investors. Despites the significant changes that have been […]
Strategic Lawyering