In two recent rulings, the Court of Cassation consistently reiterated that classification depends neither on the contractual designation nor even on the contractual structure of the relationship, but on the reality of the tasks performed, and in particular on the existence of negotiating power, understood broadly. These converging decisions sanction the same error made by …
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In a ruling dated 7 January 2026, the Commercial Chamber confirmed that Article L. 442-6, I, 2° (former) of the Commercial Code does not require any structural asymmetry of economic power between the parties. A distributor may attempt to subject its suppliers to a significant imbalance even when they have strong brands and alternative outlets. …
Two rulings handed down on the same day clarify the scope of Articles L. 145-41 and L. 145-15 of the Commercial Code. The Court of Cassation rules that any termination clause providing for a period of less than one month after an unsuccessful formal notice is deemed null and void. It also confirms that the …
Court of Cassation, First Civil Chamber, 8 October 2025, No. 23-16.756 (partial cassation). The Court of Cassation reiterates a principle of private international law: a validly stipulated foreign jurisdiction clause is binding on French courts, even when the dispute is indivisible between several defendants. In other words, the special jurisdiction of the court of the …
Court of Cassation, 3rd Civil Chamber, 18 September 2025, Appeal No. 23-24.005 The tenant in a commercial lease may suspend payment of rent as soon as the premises become unfit for use, without prior formal notice. The facts: commercial premises affected by water infiltration The company Le Bourgeon had leased premises to Ms [D] for …
The Court of Cassation reiterates that a company cannot warn its competitor's distributors of a risk of counterfeiting in the absence of a court ruling confirming its rights. Such warnings constitute wrongful disparagement, even when they are worded with restraint. Court of Cassation, Commercial, Financial and Economic Chamber, 15 October 2025, No. 24-11.150 The facts: …
The French Supreme Court (Cour de cassation) has provided an important clarification on the legal regime governing the conservatory arrest of ships, reaffirming the primacy and strict application of the International Convention for the Unification of Certain Rules Relating to the Arrest of Seagoing ships, signed in Brussels on 10 May 1952. Cour de cassation …
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A significant change in local commercial factors justifies setting aside rent capping as long as it is likely to have a favorable impact on the tenant’s business activity, without the need to demonstrate an actual, measurable effect on the business carried out. Court of Cassation, 3rd Civil Chamber, September 18, 2025, Appeal No. 24-13.288 The …
Judgments of the Plenary Assembly of the Court of Cassation of 27 June 2025 (appeals nos. 22-21.146 and 22-21.812) The Court of Cassation, sitting in plenary session on 27 June 2025, handed down two important decisions (appeals nos. 22-21.146 and 22-21.812), providing decisive clarification on the concept of loss of opportunity and the scope of …
In two rulings of 28 May 2025 (No. 23-13.687 and No. 23-20.341), the First Civil Chamber of the Court of Cassation clarified the legal classification applicable under European private international Law to direct action by the sub-purchaser against the manufacturer of a defective product, affirming the tortious nature of this action in accordance with the Rome II Regulation (No. 864/2007).
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