The Ministry of Justice has not remained inactive in the face of judges’ resistance to the Macron scale. By a circular dated February 26, 2019, the Ministry of Justice requested Public Prosecutors at the Courts of Appeal to inform it of any and all decisions rendered regarding the incompatibility of the Macron scale with international conventions.
In a recent decision, the Commercial Chamber of the Cour de Cassation (French Supreme Court) has qualified the conditions for the application of disparagement by incorporating the right to freedom of expression in its reasoning. This case-law development is not neutral for economic players likely to be confronted with situations of disparagement in the conduct […]
Message received loud and clear by the Paris Court of Appeals! In line with the highly noted decision issued on November 28, 2018[1] by the Labor Chamber of the Cour de Cassation (French Supreme court) which, as we commented in December 2018, sent a strong signal to the lower courts by recognizing the reclassification of […]
In the wake of the lengthy judgment by which it had ordered Twitter to amend almost all the clauses contained in its contractual documentation intended for French users – which we commented in an article entitled Unfair terms and personal data: Twitter sentenced by a French court – the Paris Court of First Instance ruled […]
There are many legal cases and court decisions concerning the exclusion of shareholders because disputes between shareholders are frequent and the exclusion sensitive to implement practice. While judges ensure strict compliance with the terms and conditions that govern the exclusion of shareholders, some legal tricks do enable to circumvent the inflexibility of the rules of […]
In a previous article entitled “Brexit: Troubled negotiations failed. What next?”, I mentioned the forthcoming adoption of several Ordinances in furtherance of the so-called Enabling Law of January 19, 2019 that authorized the French Government “to take measures by way of Ordinances to prepare for the United Kingdom’s withdrawal from the European Union”. Since then, […]
Strategic Lawyering