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 …
Cass. com., 9 July 2025, No. 24-10.428 and No. 23-21.160 The Court of Cassation has clarified in two rulings the limits and links between statutory provisions and extra-statutory commitments regarding the dismissal of directors in french SAS companies. In SAS companies, the articles of association cannot be circumvented – but the partners may enter into …
Judgments of the Plenary Assembly of the Court of Cassation of 27 June 2025 (appeals nos. 22-21.146 and 22-21.812) The Court of Cassation, sitting in plenary session on 27 June 2025, handed down two important decisions (appeals nos. 22-21.146 and 22-21.812), providing decisive clarification on the concept of loss of opportunity and the scope of …
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 …
In a ruling of 18 December 2024 (Civ. 1ère, pourvoi n° 23-19.224), the Cour de cassation clarified the obligations of the French judge when applying foreign law in matters of unfair competition and economic parasitism. The case, which pitted the SEB-Moulinex group against several French and foreign companies, concerned the imitation of household electrical appliances …
Lire la suite de Unfair competition: application of Egyptian law by a French judge
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 …
Lire la suite de Enforceability in France of a civil judgment from a Swiss criminal court
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.
The Supreme Court requires that the conditions laid down in Article 19 of the Montreal Convention of 28 May 1999 for the Unification of Certain Rules Relating to International Carriage by Air should be strictly be characterized.
The Court of cassation ruled in a decision rendered on the 6th of September 2011 that a third party could use the sudden termination of a commercial relation to claim indemnities if this termination also caused a prejudice to this third party. Cour de cassation, 6 septembre 2011, Chambre commerciale, pourvoi n°10-11975 An import-export company …
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