Member of the Paris Bar
The Conseil d’Etat (Highest Administrative Court) opportunely recalled quite recently that, in the absence of scientific certainty, the precautionary principle cannot be applied without taking into account the economic consequences associated with the withdrawal or the suspension of a market authorization. In the case at hand, the owner of the anti-inflammatory drug Ketum filed a […]
The precautionary principle burst into the media and the judicial world right after the incorporation of the Environmental Charter – in which this principle is mentioned – into the French Constitution in 2005. Environmental groups and associations have since then successively targeted several industries that are of vital importance for our economy. 2005, 2006 and […]
On March 2, 2009, the Competition Authority (formerly the Competition Council) issued a procedural notice regarding leniency program “à la française”, which is governed by Articles L.464-2 IV and R.464-5 of the French Commercial Code. Pursuant to Article L.464-2 IV, “immunity from any fine or a reduction of fines may be granted to a company […]
For the Law dated August 1, 2008 on the operator’s new environmental liability to come into force, the adoption of a Decree on preventing and remedying damage caused to the environment was necessary, which has recently been done (D. no. 2009-468 dated April 23, 2009, published in the Official Journal of April 26, 2009). With […]
In the last few years, the ever-increasing fines imposed by the French Competition Council[1] (renamed Competition Authority as from January 1, 2009) on economic operators for non-compliance with competition and antitrust laws have led companies to spontaneously design and implement internal detection tools to prevent such violations and, as the case may be, obtain a […]
Following the path traced by the Versailles Court of Appeals, whose decision was commented in our February 2009 e-newsletter, the Carpentras and Angers First Instance Courts have ordered the dismantling of mobile phone relay base stations. These decisions concerned three different mobile phone operators: Bouygues, SFR and Orange. Several proceedings have been initiated across France, […]
Strategic Lawyering