“The longest journey always starts with one step” used to say François de la Rochefoucauld. On December 12, 2015, the COP21, also known as the 2015 Paris Climate Conference, ended with an historical agreement that provides fresh impetus in the fight against global warming. For the business community, this agreement is primarily a signal for […]
The principle is not new but deserves to be recalled: A party that breaches its contractual obligations may be held liable not only towards its co-contracting party but also towards third-parties. This was re-affirmed by the Cour de Cassation (French Supreme Court) in a decision issued on October 20, 2015 in connection with a dispute […]
In a judgment dated November 10, 2015, the Cour de Cassation (French Supreme Court) confirmed that late penalties provided for under Article L. 441-6 of the French Commercial Code are to be considered as default interest. As such, these penalties can bear interest, as per Article 1154 of the French Civil Code. Article L. 441-6 […]
For several years, the diversification of funding sources has become a crucial challenge for French and European mid-market companies. In this context, private placements in the form of bonds or loans, known as the “Euro-PP” market, have grown significantly in France and in Europe, thereby offering companies an alternative to bank funding. The financing […]
Neither the public policy nature of the provisions set forth in Article L. 442-6 of the French Commercial Code nor the exclusive jurisdiction granted to judicial courts to hear restrictive trade practices related cases – including cases concerning the sudden breach of an established business relationship – precludes the use of arbitration to settle disputes […]
A decision handed down by the Cour de Cassation (French Supreme Court) on September 16, 2015 (n° 14-16.713) provides an answer to a problem that arose in connection with the termination of a trial period for which the company had to comply with both the “délai de prévenance” (i.e. an advance notice period that must […]
Strategic Lawyering