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1 July 2013 | Thomas Caveng

French Sociétés Anonymes: striking the balance between the principle of the right to be heard and the principle that a director can be freely removed from office

Even though a director of a société anonyme (French joint stock company, hereinafter “SA”) can be removed from office ad nutum (i.e. at any time and without any justification), he/she must be informed beforehand of the reasons for his/her removal.  Directors of a SA can be removed at any time by the ordinary general meeting […]

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1 July 2013 | Soulier Bunch

Personal emails and files: to what extent can an employer use them against its employees in the framework of a dispute? Focus on the latest case-law developments

Emails and files retrieved from an employee’s personal email account can be freely consulted by the employer, even in the absence of the relevant employee, insofar as they have been saved on the hard drive of the professional computer and are not marked “personal”.[1] This is the stand adopted by the Labor Chamber of the […]

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1 July 2013 | Soulier Bunch

The conditions precedent inserted in a compromis de vente pertaining to the sale of a real estate property are the law of the parties in case of difficulty at the time of the sale

Pursuant to Article 1134 of the French Civil Code, agreements lawfully entered into have the force of law for those who have made them. They may be revoked only by mutual consent, or for causes authorized by law.  The signature of a compromis de vente, i.e. a preliminary sale agreement, also referred to as a […]

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1 July 2013 | Soulier Bunch

Sudden breach of established business relationships: only the duration of the notice period should be taken into account, regardless of any facts or events that occurred after the notification of the breach

Article L. 442-6, I §5 of the French Commercial Code sanctions the fact of suddenly breaching, even partially, an established business relationship. Pursuant to this Article, the sudden termination of a business relationship is characterized by the lack of a notice period or by the application of a notice period that is insufficient given the […]

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