In a ruling handed down on 18 December 2024 (Appeal no. 23-20.785), the First Civil Chamber of the Cour de cassation dismissed the appeal lodged by a lawyer challenging the professional nature of a current account opened in his name. This decision clarifies the interpretation of the rules applicable to current account agreements in a …
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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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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 27 November 2024, the Court of Cassation confirmed the validity of using documents in a foreign language as evidence in a dispute, even in the absence of a translation. This ruling highlights the flexibility of old laws which may be still adapted to international practices. (Commercial Chamber, judgment of 27/11/2024, appeal no. 23-10.433) 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.
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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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. …
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 termination of a motorbike dealership contract can be justified by the breach of a confidentiality clause inserted in another contract signed with the manufacturer.
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