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European Union French Supreme Court France

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Dechert LLP

Life Sciences: What's new in Europe?

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The Servier case: The game isn’t over yet - The European Court of Justice recently issued seven judgments in the landmark "Servier" case, confirming the anticompetitive nature of "pay-for-delay" agreements between...more

Jones Day

French Supreme Court Sets New Boundary to Liability Toward Third Parties

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The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more

K&L Gates LLP

Internal Investigations of Harassment Claims

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In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

Latham & Watkins LLP

French Supreme Court Extends Transfer of Criminal Liability During Merger by Absorption to All Company Types

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The criminal liability of the absorbed company is transferred to the absorbing company, regardless of the corporate form of the company involved in the merger by absorption. In a ruling handed down on May 22, 2024, 1 the...more

K&L Gates LLP

Paid Leave in France: New Rules Applicable

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In a series of decisions given on 13 September 2023, the French Supreme Court has overruled its previous case law regarding the paid leave entitlements of employees who are absent from work as a result of sickness, an...more

King & Spalding

Freedom of Expression in the Workplace in Europe – The Example of France

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Among the many fundamental rights protected by the European Convention on Human Rights – the European analog to the United States’ Bill of Rights – lies the freedom of speech. Article 10 of the European Convention states that...more

Dechert LLP

Economic Difficulties as Basis for Termination (Cass., Soc., June 1, 2022, n° 20-19.957)

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The French Supreme Court has just provided very useful guidance for employers on how to secure a valid termination: when justifying a termination on grounds of economic difficulties, the employer can only consider the period...more

Littler

French Supreme Court Approves the Macron Scale for Dismissal Damages

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On May 11, 2022, the French Supreme Court issued two long-awaited decisions on the statutory scale of indemnification—i.e., the Macron scale—currently applicable in cases of dismissal without cause....more

BCLP

Competition and Distribution Law Newsletter – BCLP Paris January 2021

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The Competition and Distribution team of BCLP's Paris office reviews some key news from the end of 2020, in particular: ..The “Dammann Frères” decision of 3 December 2020 concerning the tea manufacturer's online sales...more

Dechert LLP

Sélection de jurisprudence - France / Second semestre 2020

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Un employeur conclut une rupture conventionnelle avec une salariée après lui avoir adressé deux avertissements successifs. La salariée conteste par la suite cette rupture conventionnelle, en avançant que son consentement a...more

Dechert LLP

Selected case law - France / Second semester of 2020

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An employer concluded an amicable termination with an employee after giving her two successive disciplinary warnings. The employee subsequently contested this amicable termination, arguing that her consent was invalid due to...more

McDermott Will & Emery

French Withholding Tax on Capital Gains Realized on Substantial Shareholdings by Non-French Companies Ruled Illegal

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The French Supreme Tax Court (Conseil d’État) ruled that the French withholding tax on the capital gain derived from the disposal of a substantial shareholding in a French company by a non-resident company is not compliant...more

Hogan Lovells

French Court refuses to suspend Microsoft’s hosting of a public health data lake despite CNIL opinion (the Health Data Hub case –...

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On October 14, 2020, the French Administrative Supreme Court (Conseil d’Etat) published its decision in a lawsuit requesting that the French health data platform (Health Data Hub) be suspended for breach of the GDPR in light...more

McDermott Will & Emery

Transfers of Health Data from France to the United States Not Prohibited... but Must be Protected by Strong Safeguards

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On October 9, 2020, there were media reports that the French Data Protection Authority (CNIL) had expressed concerns regarding the hosting by Microsoft (EU) of the French centralized public health database (the Health Data...more

Hogan Lovells

First insolvency proceedings opened held to have priority, with consequences regarding managers’ liability (Com. 7 févr. 2018,...

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The Recast Insolvency Regulation 2015/848 governs cross-border insolvency proceedings within the European Union. It provides in particular for the opening of the main proceedings by the jurisdiction of the member state where...more

BCLP

Selective Distribution in the French Judicial Spotlight Again

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French cosmetics company Caudalie had previously made headlines in a case decided on February 2nd 2016. In that case, Caudalie had applied for an injunction against an online marketplace to compel it to cease selling Caudalie...more

BCLP

EU & Competition Law Update – August 2017

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The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare...more

Hogan Lovells

French Supreme Court: Internet intermediaries must pay for blocking measures against illegal streaming websites

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On 6 July 2017, the French Supreme Court (Cour de cassation) confirmed a decision of the Paris court of appeal dated 15 March 2016 (RG No. 040/2016) which held that Internet intermediaries must bear the costs for implementing...more

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