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 …
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Cass. 1st civ., 12 March 2025, no. 23-22.051 In a ruling dated 12 March 2025, the First Civil Chamber of the Court of Cassation overturned a decision by the Paris Court of Appeal which had declined the jurisdiction of the French courts in a case of sudden termination of established commercial relations. It reaffirmed an …
The Court of cassation applying the CJEU case law ruled that "an action for damages founded on an abrupt termination of a long-standing business relationship is not a matter relating to tort, delict or quasi-delict within the meaning regulation 44/2001 if a tacit contractual relationship existed between parties." (Cour de cassation, Commercial chamber, September 20, 2017 …
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