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Legal Insights

22 December 2017

Action for damages for breach of an established business relationship brought in the context of an intra-EU dispute: Action in tort or action in contract?

The action for damages for breach of an established business relationship brought in the context of an intra-EU dispute is not an action in tort if a tacit contractual relationship existed between the parties. This is the principle laid down by the Cour de Cassation (French Supreme Court) in a decision dated September 20, 2017. […]

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29 November 2017

Opinion of the CEPC on the payment of year-end rebates

In an opinion dated September 21, 2017 and released in early November, the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee, hereinafter the “CEPC”)[1] ruled on the lawfulness of the payment of year-end rebates provided for in an annual agreement between a supplier and a distributor whereas the requirements applicable for such payment were […]

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29 November 2017

Register of beneficial owners: How to identify such owners?

Since August 1, 2017, unlisted companies and legal entities required to be incorporated with the Register of Trade and Companies and based in France (in particular foreign corporations with an establishment in France) have the obligation to file with the clerk of the Commercial Court a document that sets forth identification data on their beneficial […]

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29 November 2017

Forced heirship and French international public policy

In two decisions handed down on September 27, 2017[1], the First Civil Chamber of the Cour de Cassation (French Supreme Court) held that “a foreign law designated by the conflict-of-law rule, which excludes forced heirship, is not, in and of itself, contrary to French international public policy and may be set aside only if its […]

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