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The Weakening of Business Secrecy Before French Judges: The Negative Counterpart of the Right to Evidence in a Fair Trial

The French High Court has just handed down a ruling confirming the weakening of the force of business secrecy in the name of the right to evidence principle, based on the right to a fair trial found in article 6 of the...more

The Contribution for Economic Justice: A Move Toward a Fee-Based Approach to Commercial Justice?

Since January 1, 2025, the economic activity courts have replaced 12 commercial courts on an experimental basis, and a financial contribution for economic justice has been introduced. French commercial justice has just...more

First Appeal Decisions on the Admissibility of Actions Based on the Duty of Vigilance

On June 18, 2024, the new chamber 5-12 of the Paris Court of Appeal handed down its first three rulings on the admissibility of duty of vigilance claims in cases involving TotalEnergies, EDF, and Vigie Groupe (formerly Suez)....more

Enforcing US Jury Judgments in France: Avoiding the Pitfall of Motivation

Obtaining the exequatur of US judgments in France can be complex, as these rulings might not include a clear statement of reasons, which is one of the conditions required by the French judge for obtaining the exequatur....more

The First French Court Rulings on the Duty of Vigilance

Since 2017, French companies of a certain size have had to draw up a vigilance plan to identify the risks associated with their business and prevent serious violations of human rights and fundamental freedoms, the health and...more

French Interim Civil Judge Dismisses Duty of Vigilance Case Brought by NGOs Against Total Energies

A Parisian interim judge dismissed a claim brought by several non-governmental organizations against one of the first companies—Total Energies—to be sued for alleged violation of the French duty of vigilance law....more

The Evolution – or Revolution – of the French Company Filing Landscape

The French company filing landscape is undergoing a time of change. Beginning in 2023, differing company registers merged into a “one-stop shop,” a single national register. Additionally, the Court of Justice of the European...more

Recognition and Enforcement in France of Foreign Arbitral Awards Set Aside in Their State of Origin

Historically, French law is very favorable to arbitration, and to international arbitration in particular. It is against this background that it has recognized the principle of autonomy of arbitral awards for several decades....more

What to Know When Terminating Contracts Governed by French Law or Involving French Parties

Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party...more

COVID-19 Response in France: Legal Measures Adopted in Various Fields

The French government has been adopting a series of legal measures in response to the coronavirus (COVID-19) pandemic. The French Parliament voted on a law responding to the epidemic on 23 March (the Bill). ...more

COVID-19 and Force Majeure Under French Law

The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory...more

New Report Proposes Reforms to ‘Blocking Statute’ to Protect French Companies

A recent report by French MP Raphael Gauvain recommends reinforcing the protection of the economic interests of French companies by reforming the blocking statute and introducing a tax against GAFA companies transmitting data...more

Coming Soon: Punitive Damages, the French Way

French law continues to integrate and adopt some concepts of common law legal systems. Following the French-style class action reform in 2014 and the French-style deferred prosecution agreement (“convention judiciaire...more

11/5/2018  /  EU , France , Punitive Damages

Paris Commercial Court, Court of Appeal to Allow Pleading and Exhibits in English| Le tribunal de commerce et la cour d’appel de...

Starting on March 1, 2018, parties to cases in two Paris courts will be entitled to plead in English and submit documents in English before French judges, with the potential for other languages to be used—and the potential to...more

2/14/2018  /  Appeals , Commercial Court , France

Sapin II Law: The New French Anticorruption System| La Loi Sapin II: Le nouveau dispositif français anti-corruption

The new system strengthens the French anticorruption arsenal from this year, drawing upon the US and UK regimes....more

Contract Law Reform: Part Three | La réforme du droit des contrats: troisième partie

In our third and last LawFlash about contract law reform, we cover unforeseeability and significant imbalance. With the entry into force, for contracts entered into after 1 October 2016, of Ordinance No. 2016-131 of 10...more

12/1/2016  /  Civil Code , Contract Drafting , France

Contract Law Reform: Part Two| La réforme du droit des contrats: deuxième partie

In our second of three LawFlashes about the contract law reform in France, we examine the interrogatory processes and the assignment of claims, debts, and contracts. Ordinance No. 2016-131 of 10 February 2016 (the...more

11/30/2016  /  Civil Code , France , Interrogatories

Contract Law Reform: Part One | La réforme du droit des contrats: première partie

In our first of three LawFlashes about the recent contract law reform in France, we discuss the changes to contractual nonperformance. Entered into force for contracts concluded after 1 October 2016, Ordinance No....more

Change to Civil and Commercial Proceedings | Procédure civile et commerciale

A new obligation requires parties to seek amicable resolution to a dispute before referring it to the court. A New Obligation Entered into Force on 1 April 2015 - Since 1 April 2015, parties to a civil or...more

4/24/2015  /  Dispute Resolution , France
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