On 12 February 2025, the commercial, financial and economic chamber of the Court of Cassation handed down a ruling dismissing the case between Mr X and the company MJM and the companies So Ca Sport and City Sport (appeal no. 23-22.414). This ruling deals with the question of the takeover of a contract by a …
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The Criminal Chamber of the Court of Cassation, in a ruling dated 12 February 2025 (appeal no. 23-86.857), ruled on the question of the criminal offence of not submitting accounting documents to the shareholders' meeting and then on the shareholder action brought by a shareholder for the damage suffered by the company. The obligation to …
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Cass. com., 5 Feb. 2025, No. 23-10.953 In this case, which pitted two takeaway pizza restaurant chains against each other, two central themes of business law came into play: the limits of the banking monopoly in franchisor-franchisee relations and the difficult balance between business confidentiality and the right to evidence. While the granting of financing …
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Cour de cassation, com, 29 January 2025, no. 23-20.836 The paulian action can be implemented when an easily seizable asset is replaced by a sum of money that is easier to conceal. This decision is a reminder that the paulian action is not conditional on proof of the debtor's apparent insolvency. Background and facts The …
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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 …
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On November 27, 2024, the French Supreme Court ruled that simplified joint stock companies (SAS) must disclose accounting documents for share valuation during judicial examinations. This decision underlines the necessity of transparency and compliance in corporate disputes, emphasizing the role of expert appraisals and the importance of clear valuation mechanisms in company agreements.
Le 27 novembre 2024, la chambre commerciale, financière et économique de la Cour de cassation a confirmé l’obligation pour une société par actions simplifiée (SAS) de communiquer ses documents comptables lorsque ces éléments sont nécessaires à une expertise ordonnée par un juge (pourvoi n° 23-17.536) pour valoriser ses actions. Cet arrêt s’inscrit dans un débat …
On November 15, 2024, the Plenary Assembly of the Cour de Cassation issued a landmark decision (case no. 23-16.670) regarding majority requirements in the general meetings of Simplified Joint-Stock Companies (named SAS). This ruling resolves a long-standing debate between the contractual freedom of SAS articles of association and adherence to fundamental principles of collective governance. …
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