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 …
Court of Cassation, Commercial Chamber, 7 May 2025, appeal no. 23-15.931 “The shareholders have an individual right to seek compensation for the damage suffered by the company, which is not affected by the company's concurrent action.” The facts In a ruling handed down on 7 May 2025, the Commercial, Financial and Economic Chamber of the …
Cass. com., 7 May 2025, No. 23-20.471 According to the Court of Cassation, a creditor of a company does not have the right to request the appointment of a provisional administrator for that company. The facts Two foreign companies, The Family Fellowship LLP and The Family Global Godfathers SPC, claimed to be creditors of the …
Cass. 1st civ., 2 April 2025, no. 23-12.384 In a ruling dated 2 April 2025, the Court of Cassation confirmed the effectiveness of a jurisdiction clause included in the terms and conditions of use (TCU) of a professional Instagram account. The Court of Cassation dismissed Article 1171 of the Civil Code, a French protective provision …
Lire la suite de Jurisdiction clause in the Terms of Use: no French mandatory law for Meta
In a ruling dated 9 April 2025 (no. 23-22.122), the commercial chamber of the Court of Cassation partially censured a decision ordering Uber France to compensate taxi drivers for economic damage resulting from the launch of the ‘UberPop’ service. Economic damage can only be compensated if it is effectively proven. UberPop: a transport service between …
Cass. 1st civ., 2 April 2025, no. 23-11.456 In an important ruling on 2 April 2025, the First Civil Chamber of the Court of Cassation decided to suspend its decision in a dispute over the sudden termination of established commercial relations, in order to refer a preliminary question to the Court of Justice of the …
Court of Cassation, Commercial, Financial and Economic Chamber, ruling of 26 February 2025, appeal no. 23-18.599 In a ruling dated 26 February 2025, the commercial chamber of the Court of Cassation confirmed the strict requirement to prove damage resulting from an anti-competitive agreement before the entry into force of Article L481-7 of the Commercial Code. …
Cass. com., 19 March 2025, no. 23-22.925, published in the Bulletin The commercial chamber of the Court of Cassation clarifies the scope of non-competition clauses in franchise agreements, while sanctioning an error of law committed by the court of appeal on the effects of a judicial liquidation during the proceedings. The facts: franchise in the …
Lire la suite de No breach of a non-competition clause in a franchise agreement for preparatory acts
Cass. com., 12 March 2025, No. 23-23.961 In a ruling dated 12 March 2025, the commercial chamber of the Court of Cassation reiterated that the implementation of a centralised cash pooling agreement, even between companies in the same group, does not in itself allow the transfer of debt from one company to another, unless expressly …
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