28 June 2016

General terms that have not been accepted are unenforceable

In a judgment dated May 3, 2016[1], the Court of Appeals of Versailles provided a new illustration of a long established case-law according to which the general terms of a party are contractually binding only if they have been accepted, at the time the contract was formed, by the party against whom such terms are […]

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28 June 2016

Corporate officers have a duty of loyalty with respect to sales of shares

In a decision dated April 12, 2016[1], the Commercial Chamber of the Cour de Cassation (French Supreme Court) clarified the scope of a well-established case-law according to which corporate officers/members of company boards, who are bound by a duty of loyalty towards their shareholders, must disclose to the shareholders wishing to sell them their shares […]

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30 May 2016

Measures concerning dismissals on economic grounds included in the so-called El-Khomri Bill: Much ado about nothing?

The objective of the so-called “El-Khomri Bill” – as was the objective of the so-called “Macron Law”, clearly not fully achieved – was to make French labor and employment law more flexible, in particular to increase the attractiveness of the French marketplace in the eyes of foreign investors. Despites the significant changes that have been […]

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27 April 2016

Outsourcing of production activities: A new legal requirement imposes the conclusion of a written agreement in certain cases

After two years of waiting, the implementing Decree setting forth the threshold above which the conclusion of a written agreement in the context of outsourcing of production activities is mandatory under Article L. 441-9 of the French Commercial code has finally been published. The conclusion of a written agreement is henceforth mandatory for any purchase […]

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27 April 2016

The “Sapin II” Bill: Towards strengthened rules to combat corruption

Regularly singled out for criticism for lack of efficiency of its anti-corruption arsenal, France finally seems committed to catch up in this field. The so-called “Sapin II” Bill, which should be debated in the French Parliament at the beginning of June 2016, heralds significant changes in the fight against corruption. A draft Bill on “transparency, […]

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