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The Contribution for Economic Justice: A Move Toward a Fee-Based Approach to Commercial Justice?

Since January 1, 2025, the economic activity courts have replaced 12 commercial courts on an experimental basis, and a financial contribution for economic justice has been introduced. French commercial justice has just...more

EU Representative Actions Directive: The Developments to Know for This Evolving Landscape

The fragmented priorities and pace of EU member states in adopting national laws following the EU’s enactment of the Representative Actions Directive—a universal minimum-standards legal framework for representative actions...more

US, UK, and EU Collective Actions in the Privacy and Cybersecurity Space

Unlike the United States, the United Kingdom and, so far, the EU Member States do not all have domestic class action regimes or a cross-border class action regime (as detailed below), and instead have collective actions....more

EU Parliament Allows Consumers to Pursue EU Wide Collective Actions

The EU Parliament has approved the EU Council’s position on representative actions. By doing so, it has paved the way for consumers in Europe to be able to sue companies collectively....more

Recognition and Enforcement in France of Foreign Arbitral Awards Set Aside in Their State of Origin

Historically, French law is very favorable to arbitration, and to international arbitration in particular. It is against this background that it has recognized the principle of autonomy of arbitral awards for several decades....more

What to Know When Terminating Contracts Governed by French Law or Involving French Parties

Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party...more

EU Parliament and Council Agree to Allow Consumers to Pursue EU-Wide Collective Actions

Negotiators from the EU Parliament and Council reached an agreement on 22 June on the Collective Redress Directive (Directive), which will allow groups of individuals to seek compensation through collective actions against...more

COVID-19 Response in France: Legal Measures Adopted in Various Fields

The French government has been adopting a series of legal measures in response to the coronavirus (COVID-19) pandemic. The French Parliament voted on a law responding to the epidemic on 23 March (the Bill). ...more

COVID-19 and Force Majeure Under French Law

The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory...more

Coming Soon: Punitive Damages, the French Way

French law continues to integrate and adopt some concepts of common law legal systems. Following the French-style class action reform in 2014 and the French-style deferred prosecution agreement (“convention judiciaire...more

11/5/2018  /  EU , France , Punitive Damages

Paris Commercial Court, Court of Appeal to Allow Pleading and Exhibits in English| Le tribunal de commerce et la cour d’appel de...

Starting on March 1, 2018, parties to cases in two Paris courts will be entitled to plead in English and submit documents in English before French judges, with the potential for other languages to be used—and the potential to...more

2/14/2018  /  Appeals , Commercial Court , France

Sapin II Law: The New French Anticorruption System| La Loi Sapin II: Le nouveau dispositif français anti-corruption

The new system strengthens the French anticorruption arsenal from this year, drawing upon the US and UK regimes....more

Contract Law Reform: Part Three | La réforme du droit des contrats: troisième partie

In our third and last LawFlash about contract law reform, we cover unforeseeability and significant imbalance. With the entry into force, for contracts entered into after 1 October 2016, of Ordinance No. 2016-131 of 10...more

12/1/2016  /  Civil Code , Contract Drafting , France

Contract Law Reform: Part Two| La réforme du droit des contrats: deuxième partie

In our second of three LawFlashes about the contract law reform in France, we examine the interrogatory processes and the assignment of claims, debts, and contracts. Ordinance No. 2016-131 of 10 February 2016 (the...more

11/30/2016  /  Civil Code , France , Interrogatories

Contract Law Reform: Part One | La réforme du droit des contrats: première partie

In our first of three LawFlashes about the recent contract law reform in France, we discuss the changes to contractual nonperformance. Entered into force for contracts concluded after 1 October 2016, Ordinance No....more

Change to Civil and Commercial Proceedings | Procédure civile et commerciale

A new obligation requires parties to seek amicable resolution to a dispute before referring it to the court. A New Obligation Entered into Force on 1 April 2015 - Since 1 April 2015, parties to a civil or...more

4/24/2015  /  Dispute Resolution , France

French Reform of the Legal Interest Rate | Flash Info sur la rforme du taux d'intrt lgal

The legal interest rate is the reference rate used to calculate penalties for an obligation’s late performance. Calculated on the basis of the level of state financing on 13 weeks, the legal interest rate has decreased...more

Useful Facts on French Jurisdiction | Rappels Utiles sur la Compétence

Recent cases offer practical applications of jurisdiction clauses or jurisdictional competence clauses. Several recent cases decided by the Cour de cassation (the French Supreme Court for Judicial Matters) offer some...more

10/18/2013  /  EU , Foreign Jurisdictions , Jurisdiction

Recent French Case Law on Damages for Sudden Termination of Business | Essentiel de la jurisprudence française récente sur...

Companies should be aware that certain risks are attached to an insufficient notice period when terminating a business relationship. This summary schedule highlights the risks attached to an insufficient notice period in...more

French High Court Strengthens Rules Regarding Settlement Agreements | La Cour de cassation réaffirme la portée d’un protocole...

The Court holds that settlement agreements have the force of a final and binding judgment only when all parties comply with the agreement's terms. On 12 July, the French Supreme Court for Judicial Matters (Cour de...more

11/26/2012
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