Home
ABOUT
Non-performance of commercial contracts
Sudden termination of commercial relationships
Unfair competition and economic parasitism
Shareholder and post-acquisition dispute
Civil liability of company directors and officers
Freezing of assets and enforcement measures
Insights
Where a road haulage relationship ends, a notice period at least equal to that of the applicable standard-form contract shields the principal from liability.
Challenging an administrative third-party attachment for a public health establishment requires a prior claim to the administration, or it is inadmissible.
When a French judge amends an ex parte order instead of revoking it, measures already carried out are not void: the judge must settle their consequences.
A disproportionate personal guarantee is assessed by including prior guarantee commitments that have expired: the obligation to pay survives.
Seller's duty to inform a professional buyer: the test is the buyer's competence, not its field of expertise. Compensation claims may well be dismissed.
A poorly prepared application under Article 145 in France may be withdrawn, thereby depriving you of evidence demonstrating unfair competition.
The Court of Cassation clarifies the conditions governing actions brought by the representative of the body of bondholders.
In a ruling dated 25 September 2025, the Court of Cassation ruled out the application of Article 750-1 of the Code of Civil Procedure for payment orders.
Conditions, stages and time limits to obtain a payment order in France. A practical guide updated in line with the Decree of 16 February 2026.
Payment orders, interim relief proceedings, and summonses to appear in court: find out about debt recovery procedures for businesses in France.
How to use a payment order to recover unpaid service charges in France? Requirements, steps, deadlines and key considerations for property managers.
The Court of Cassation has confirmed that the property manager may instruct a lawyer to recover unpaid service charges without prior authorisation in France.
The nullity of a SAS share transfer breaching a pre-emption clause in the articles of association requires no fraudulent collusion between the parties.
The qualification as an emanation of a foreign State must be set aside where it compromises the objectives of a European Union measure: no attachment.
Evidence derived from personal data remains admissible in civil proceedings where its production is indispensable and the interference strictly proportionate.
Shareholder current account lost in compulsory liquidation: the investor who advanced funds on the strength of inaccurate certified accounts may act alone.
Payment to a fake IBAN: the Cour de cassation holds that a fraudster assuming the creditor's identity is not an apparent creditor; the debtor remains liable.
A formal notice for commonhold service charges must detail the unpaid instalments, failing which the claim is inadmissible. The Cour de cassation confirms.
A court of appeal may not raise a ground of its own motion without inviting the parties to comment: the Cour de cassation quashes the decision.
Withdrawing an offer of sale to a commercial tenant before acceptance prevents the sale: the landlord may owe damages, but cannot be forced to sell.
Terminating a lump-sum contract may also rest on the contractor's serious breach: Article 1794 does not exclude the general law of termination.
Assignment of a claim: notification identifying the assigned claims and the assignee makes the assignment enforceable against the debtor, no schedule needed.
Rescission after insolvency proceedings open: the restitution claim can be admitted only by the juge-commissaire, with no priority payment status.
Set-off of a time-barred claim remains possible: the extinguishing effect arises when the conditions are met, not when the set-off is invoked.
Remedies, time limits, and grounds for challenging an order based on Article 145 CPC (withdrawal, appeal, proportionality, trade secrets).
Obtaining an investigative measure prior to any trial in France (Art. 145 CPC): conditions, jurisdiction, limitations, and advice (+ check-list).
Learn about recent French case law on mandatory deadlines for appeal respondent and practical implications before remand courts.
A sales agent cannot represent a competitor without the principal's consent. Our advice on how to protect your interests and how to react.
Unreasonable resistance by the debtor: when to claim damages, under what conditions, with what evidence, and before which judge.
The French Supreme Court reiterates that a guarantee granted by a French LLC (SA) without authorization is not enforceable, even if subsequently ratified.
