In a judgment of 4 March 2026, the Commercial Chamber ruled that the provisions of Article L. 133-21 of the Monetary and Financial Code do not protect the bank where it has not merely executed the payment order. If the bank itself prepared the transfer order based on bank details containing obvious anomalies, it may …
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 …
Lire la suite de When to determine whether a current account is business-related?
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 …
Lire la suite de Fraud involving means of payment: the main burden of proof lies with the bank
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 …
Lire la suite de Winding-Up Proceedings: are current accounts still active under French Law?
The creditor's liability is only limited by Article L650-1 of the French Commercial Code when granting a credit. This text does not apply to the withdrawal or termination of credit.
French Law . BLOG 