Duty of care: the impact of the proposed Omnibus Directive on the CSRD
The European Commission has issued a legislative proposal aimed at simplifying the implementation of the Corporate Sustainability Reporting Directive (CSRD) and making it more accessible, with a view to promoting competitiveness. At this stage, the Commission has made the following recommendations: The deadline for transposition by Member States would be postponed by one year to […]
The action for abrupt termination of established commercial relations is of an extracontractual nature in international law
In a ruling dated March 12, 2025, the French Supreme Court ruled that action for abrupt termination of established commercial relations was of an extracontractual nature where EU law was not applicable. In the case at hand, a first company sued a second company before the French courts for abrupt termination of established commercial relations. […]
The report “The French Supreme Court and artificial intelligence: preparing the Court for tomorrow”
On April 28, 2025, a working group submitted a report to the French Supreme Court analyzing the ethical, legal, functional, technical, and economic issues related to the use of artificial intelligence within the Court. This report recommends caution in the use of artificial intelligence in the judicial system in order to ensure a balance between […]
Breach of a non-competition clause: “There’s no point in rushing, timing is key”
In a decision dated March 19, 2025, the French Supreme Court ruled that there could be no breach in advance of a non-competition clause. In the case at hand, a franchise agreement contained a non-competition clause. The franchisor, having learned of the franchisee’s future plans to set up a competing business, as evidenced by various […]
An overriding mandatory provision cannot invalidate a jurisdiction clause validly agreed between professionals
In a decision dated April 2, 2025, the French Supreme Court confirmed its case law according to which a jurisdiction clause agreed between professionals cannot be invalidated by overriding mandatory provisions, even if they are applicable on the merits. In the case at hand, a natural person opened an account on the social network Instagram […]
Clarification of the modalities for compensation for damage resulting from unfair commercial practices
In a decision dated April 9, 2025, the French Supreme Court clarified the modalities for compensation for damage resulting from unfair commercial practices. In the case at hand, taxi drivers sued Uber France on the grounds of unfair competition, arguing that the UberPop service had been launched in violation of the rules applicable to the […]
CJEU confirms validity of jurisdiction clauses containing asymmetry between parties
In a judgment handed down on February 27, 2025, the Court of Justice of the European Union (CJEU) confirmed the validity of jurisdiction clauses containing asymmetry between the parties and clarified that this is assessed on the basis of autonomous criteria of EU private international law. An asymmetrical jurisdiction clause requires one party to bring […]
Refusal to enforce a foreign judgment whose enforcement would be incompatible with one or more previous awards
The Court of Appeal of England and Wales refused to enforce a foreign judgment on the grounds that it was incompatible with arbitral awards rendered in London concerning the same case, on the basis that such enforcement would be contrary to public policy. The case related to the oil spill following the sinking of the […]
The right to evidence may justify a breach of business secrecy as long as the breach is essential and proportionate to the objective pursued
This case involved a company and two of its competitors, sued for an injunction to stop acts of unfair competition and for compensation for the resulting damages. One of the defendants filed a counterclaim for compensation for the damage arising from the obtaining and production in the proceedings of documents covered by business secrecy. The […]
Clarification of the procedures for implementing the statutory clauses for the exclusion of shareholders from a simplified joint-stock company (SAS)
The French Supreme Court has just clarified the procedures for implementing the statutory clauses for the exclusion of shareholders from a simplified joint-stock company (SAS). In this case, a shareholder had been excluded from a SAS on the grounds that he was working for a competing company. The statutory clause authorizing exclusion on these grounds […]