A French company that transfers its registered office to the United Kingdom after Brexit does not automatically lose its legal personality or automatically transfer its assets to the newly created foreign company. The Court of Cassation confirms that, in the absence of a legal framework or a bilateral agreement for cross-border transfers of registered offices, …
In its ruling of 1 August 2025, Case C-600/23, Royal Football Club Seraing, the Court of Justice of the European Union (CJEU) established a fundamental principle: courts of the Member States must be able to exercise an effective and thorough judicial review of arbitral awards rendered by the Court of Arbitration for Sport (CAS). 1. …
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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 …
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
Cass. com., 5 Feb. 2025, No. 23-12.588 In a recent decision, the Court of Cassation reiterated that when a debtor is subject to an insolvency proceeding in a Member State of the European Union, a French court cannot ignore the effects of these proceedings and continue to examine a claim for payment. This judgement constitutes …
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