Member of the Paris Bar
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, […]
The Judgment rendered on February 4, 2009 by the Versailles Court of Appeals ordering Bouygues Telecom to remove a relay base station following a claim lodged by neighbors has been extensively commented in the media and widely acknowledged as a legitimate application of the precautionary principle. It is in fact a highly criticizable decision. Let’s […]
Law 2008-757 dated August 1, 2008 on environmental liability (the “Law”) can primarily be viewed as the belated transposition of Directive 2004/35/EC of the European Parliament and of the Council of April 21, 2004 on environmental liability with regard to the prevention and remedying of environmental damage. It goes beyond the European Directive’s principles, however, […]
Strategic Lawyering