Business Law

In a decision published in the Bulletin on June 4, 2025, the Commercial Chamber of the Cour de Cassation (French Supreme Court) reaffirmed a fundamental principle of contract law: The determination of the price lies exclusively with the will of the parties or, where applicable, a third party designated by them – but never with the judge.

This decision highlights the importance of complying with Articles 1591 and 1592 of the French Civil Code, which respectively provide that the price must be determined and identified by the parties, or left to the determination of a third party expressly designated for that purpose.

From world-renowned manufacturers of sophisticated machinery to modest businesses hiring a contractor to install air conditioning in their premises, any company may one day face a dispute involving complex technical issues requiring court-ordered expert investigations.

Such preparatory inquiries are, in fact, almost unavoidable in this type of litigation.

Companies must therefore understand how court-ordered expert investigations work to ensure they are conducted in a manner that respects their procedural rights.

In the business world, companies may suffer various forms of damage due to wrongful actions by competitors, partners, or other economic actors. Understanding the mechanisms of compensation is essential for businesses seeking to defend their interests.

It is, therefore, important to define the scope of compensable damage under French law, to identify the characteristics of damage that must be established to claim compensation, and to be aware of the types of damage for which companies can seek redress.

The 7th Choose France Summit, held on May 13, 2024, brought together nearly 200 foreign business leaders of 40 different nationalities. 56 foreign investment projects were announced, representing a total of €15 billion and 10,000 jobs.

Created in 2018 by President Emmanuel Macron, Choose France aims at highlighting the importance of international investment and presenting to international companies the reforms carried out by the French Government to promote economic growth on its territory.

France offers many advantages for businesses, in particular thanks to its central location in Europe, the 2nd largest market in the world, a well-trained workforce and one of the highest hourly productivity rates, an advantageous tax system, as well as an appreciable environmental protection.

The French Government has set up rules to screen foreign investments. This screening has not prevented a significant number of foreign projects from being authorized in 2022.

The French Government has recently been encouraging foreign investments in the industrial and green sectors.

On October 16, 2023, the Internal Market and International Trade committees of the European Parliament adopted their position on the future EU Regulation “on prohibiting products made with forced labor on the Union market” (the “Regulation”).

This Regulation was proposed by the European Commission on September 14, 2022, with the aim of combating forced labor and promoting corporate sustainability standards.

On a global scale, the use of forced labor remains widespread, affecting some 27.6 million people worldwide, according to the International Labor Organization (“ILO”).