Jurisdiction over the dissolution of companies, even when the company is a de facto company without legal personality, falls exclusively within the courts of the Member State where the company has its registered office, as determined under private international law rules.Under French law, in the absence of a statutory seat, one must identify the “real …
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 …
Cass. civ. 1ère, 9 July 2025, no. 24-19.647 In this ruling of 9 July 2025, the First Civil Chamber of the Court of Cassation made a significant reversal of case law concerning loans denominated in foreign currencies, particularly Swiss francs, imposing on banks a greater obligation of transparency regarding exchange rate risks throughout the term …
Cass. com., 9 July 2025, No. 24-10.428 and No. 23-21.160 The Court of Cassation has clarified in two rulings the limits and links between statutory provisions and extra-statutory commitments regarding the dismissal of directors in french SAS companies. In SAS companies, the articles of association cannot be circumvented – but the partners may enter into …
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 …
Cass. com., 4 June 2025, no. 24-11.580 In this ruling, the Court of Cassation clearly emphasises that the judge cannot substitute his assessment for that of the parties when determining the sale price. This decision reaffirms the formal prohibition on judges setting prices and delimits their powers. Pharmacie Girardeaux had entered into a promise to …
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).
The pre-contractual duty to provide information is strictly limited to information that has ‘a direct and necessary link with the content of the contract or the quality of the parties’ and whose ‘importance is decisive for the consent of the other party’.
Court of Cassation, Commercial, Financial and Economic Chamber, 21 May 2025, appeal no. 24-11.519 This decision of the Commercial Chamber of the Court of Cassation rules on the criteria determining the unit of freight applicable for the limitation of liability of the maritime carrier under the 1924 Brussels Convention. Background and facts The Senegalese company …
Lire la suite de Maritime transport: clarification on the carrier’s unit of limitation of liability
Court of Cassation, Commercial Chamber, judgment of 7 May 2025, appeal no. 23-24.041 In this ruling of 7 May 2025, the Commercial Chamber of the Court of Cassation clarified the limits of the control that a judge may exercise over the mission of an expert appointed pursuant to Article 1843-4 of the Civil Code for …
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