In two rulings of 28 May 2025 (No. 23-13.687 and No. 23-20.341), the First Civil Chamber of the Court of Cassation clarified the legal classification applicable under European private international Law to direct action by the sub-purchaser against the manufacturer of a defective product, affirming the tortious nature of this action in accordance with the Rome II Regulation (No. 864/2007).
Cass. 1st civ., 2 April 2025, no. 23-11.456 In an important ruling on 2 April 2025, the First Civil Chamber of the Court of Cassation decided to suspend its decision in a dispute over the sudden termination of established commercial relations, in order to refer a preliminary question to the Court of Justice 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
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 …
Lire la suite de Sudden termination of a supplier / distributor relationship : tort or contractual ?
Despite all endeavors of unification, in Europe, it is still important to know precisely which jurisdiction has the rationae loci competence to hear a civil claim. The same issue was raised to the Court Of Justice of European Union accordingly to the dispute between a German luxury watch seller and a master watchmaker established in France on …
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