In the event of a merger-takeover transaction in the course of proceedings, the intervention of the acquiring company makes it possible to set aside the plea of non-receivability based on the disappearance of the acquired company's right to bring an action, but it does not exempt the other party from presenting its claims against the …
Lire la suite de Absorption of a company and capacity to take legal action
Introduction In its decision no. 657 F-B of 27 November 2024, the First Civil Chamber of the Cour de Cassation confirmed the enforceability in France of a decision of the Geneva Court of Justice. This case was part of a complex framework involving companies based in the Cayman Islands and offences recognised in Switzerland. At …
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Decision of the Court of Cassation, First Civil Chamber, 6 November 2024, Appeal no. 22-16.580, 22-19.327 and 23-15.649 In a decision handed down on 6 November 2024, the French Supreme Court ruled on a series of appeals concerning the enforcement in France of an arbitration award arising from a commercial dispute between Antrix Corporation Limited …
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On 20 November 2024, the Commercial Chamber of the French Supreme Court (Cour de cassation) ruled (appeal no. 23-15.099) on the liability of users and providers of payment services in the event of fraudulent use of a payment instruments. This ruling, which clarifies the conditions under which liability may be triggered, is in line with …
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The Court of Cassation has handed down a ruling that clarifies the issue of whether or not a current account is closed in the event of winding-up proceeding or liquidation. It now rules that the opening or pronouncement of a winding-up proceeding does not result in the closure of the debtor's current account. (Court of …
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the Court of Cassation reiterated that the Convention on the International Sale of Goods excludes national rules, even those of public policy, and in particular those relating to defective products
The termination of a motorbike dealership contract can be justified by the breach of a confidentiality clause inserted in another contract signed with the manufacturer.
La Cour de cassation a validé la résiliation d’un contrat d’une concession de moto motivée par la violation d'une clause de confidentialité insérée dans un autre contrat passé avec le constructeur.
An Ordonnance signed by the President on February 17, 2021 (Ordonnance n° 2021-167 du 17 février 2021 relative à l'hydrogène) defines the different types of hydrogen that will be subject to specific regimes, renewable, low-carbon or carbonated hydrogen. This Ordonnance provides for two hydrogen traceability systems so that its low-carbon or renewable nature can be …
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Could a representation contract with a football agent be concluded by exchanges of e-mails. The Court of cassation gives us a final answer.
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