On the 4th of March 200, (case n°19-13.316), the Social chamber of the Cour de cassation (french civil and commercial supreme court) has rendered an important decision regarding the relation between UBER and a driver. The Cour de cassation has approved the appeal decision who had qualified this relationship has an employment relationship. Under french …
Lire la suite de A UBER DRIVER is an employee according to French courts
Invoices, under french law, need to contain specific information defined by article L441-9 (previously article L441-3) of the French commercial code. Two new items have been added to the list of mandatory information. This updated provision is applicable since the 1st of October 2019.
In the context of a dispute between a football club and its jersey partner, the matter was referred to the Court of Cassation. The question raised before it was how to compare two competing offers from two sports suppliers. The Court of Cassation ruled that the comparison of two equipment suppliers' offers cannot be made …
The termination of established commercial relations is mainly intended, as its name suggests, for commercial relations. However, some previous decisions had agreed to apply the notion of a sudden termination of established commercial relations to civil activities (e. g. architect). By a decision of 20 February 2019, the Court of Cassation returned to a classic …
Disputes concerning the sudden termination of commercial relations firstly raise the question of the reasonable notice period. This first question is already complex and can lead to long debates. If the sudden or brutal termination is established, the damage resulting from this termination must also be assessed. The assessment of indemnities is also a source of …
By a decision rendered on 30 January 2019 (Commercial Chamber, 30 January 2019 No. 17-21279), the Court of Cassation qualified a guarantee. The Court of Cassation had to define whether the engagement of a company's manager was a guarantee or a on-demand guarantee. The facts were as follows, Company A owed an amount of €86,165 …
Lire la suite de On-demand guarantee or personal guarantee? Pay attention to the wording
By a decision of 11 July 2018 No. 17-10458, the Court of Cassation (french civil superior court) ruled on a dispute on the validity of a contract concluded between a football club and a sports agent which was concluded by exchanging e-mails. A sports agent company initiated proceedings against a professional football club to …
Lire la suite de Is the sports agent’s mandate concluded by e-mail exchanges null and void?
In practice, it often happens that a person intervenes in a contract in several positions. It may indeed be that the same person intervenes on his own behalf and on behalf of another person (company, association, other natural person, etc.). The question then is whether the person must sign one or several times. This decision …
Lire la suite de How many signatures for a person intervening in an act in a dual capacity?
The support judge does not have general jurisdiction to decide all disputes arising during the arbitration process. It is only competent to provide, on a suppletive basis, the constitution of an arbitral tribunal in case of risk of denial of justice. The support judge does not have jurisdiction to rule on a dispute relating to the wrongful performance by an arbitration institution of the contract of organization of the arbitration. This debate is within the jurisdiction of the common law jurisdiction.
The Court of cassation applying the CJEU case law ruled that "an action for damages founded on an abrupt termination of a long-standing business relationship is not a matter relating to tort, delict or quasi-delict within the meaning regulation 44/2001 if a tacit contractual relationship existed between parties." (Cour de cassation, Commercial chamber, September 20, 2017 …
Lire la suite de Sudden termination of a supplier / distributor relationship : tort or contractual ?
