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Legal Insights

17 May 2022

French Supreme Court rules that compensatory allowance and duty of support between spouses are two legal concepts that must be distinguished

A recent ruling of the Cour de Cassation (French Supreme Court) has clarified the criteria for assessing the disparity in the respective living conditions of the spouses for the purpose of determining the compensatory allowance.

The benefit granted to one of the spouses during the divorce proceedings on the basis of the duty of support between spouses should not be taken into consideration in order to dismiss a request for compensatory allowance.

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11 May 2022

Advertising and the environment: Update on “greenwashing” regulation

“Greenwashing” (“écoblanchiment” in French) can be defined as an abusive or even misleading communication from an organization that promotes an eco-friendly positioning that does not reflect the reality.

In a context of increasing greenwashing practices, this article discusses the latest evolutions of the regulation that governs these practices.

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28 April 2022

Eric Zemmour’s presidential campaign: A candidacy announcement out of the (legal) frame

This is a presidential campaign video which created a buzz. Eager to show France, its history, its knowledge and its culture, Eric Zemmour illustrated his words with many images, without any authorization from the holders of the rights to the footage used. Could he rely on the copyright exception known as the “short quotation exception” (known as exception de courte citation under French law) or freedom of expression to circumvent copyright?

The Paris Judicial Court says no; the rights holders must be compensated and the video removed. However, could not the judges have ruled out any infringement on the ground that the very short footage at issue were merely incidental to the political speech?

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26 April 2022

Editorial – Compliance: A civilization issue

Over the years, risk management has become a major issue for companies. For decades, they have been faced with an increased criminalization of their activities and an explosion of new and increasingly complex regulations in a wide variety of fields such as the protection of personal data and respect for the environment.

This regulatory hell is paved with good intentions. The rule of law must guarantee a free competition environment where the dices are not loaded and where corruption has no place.

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