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News 2017-01-02T19:59:56+00:00

Entry into force of the decree n°2017-888 dated 6 May 2017 related to class action

05/31/2017|0 Comments

The decree n°2017-888 dated 6 May 2017 related to class action and action for the recognition of rights contained in titles V and VI of the law [...]

New standard contract applicable to public road haulage

05/02/2017|0 Comments

A Decree n°2017-461 dated 31 March 2017 relating to appendix II to the third regulatory section of the Code of Transports relating to the standard contract applicable to public road haulage for which [...]

Update of the regulatory section of the Code of Transports

04/02/2017|0 Comments

A Decree n°2017-423 dated 28 March 2017 implementing the Blue Economy Act and amending the Code of Transports was published in the Official Journal dated 30 March 2017. It entered into force on 31 March 2017. The [...]

Affiliation of the seafarers residing in France embarked on a foreign flagged ship to ENIM

03/14/2017|0 Comments

A Decree n°2017-307 dated 9 March 2017 relating to the affiliation of the seafarers residing in France embarked on a foreign flagged ship, mentioned in article L5551-1 of the Code of Transports, to the schemes operated [...]

Declaration of the verified gross mass of packed containers

02/18/2017|0 Comments

An Order dated 30 December 2016 amending the Order of 28 April 2016 relating to the communication by the shipper to the carrier, on the shipping document, of the verified gross mass of a [...]

Subcontracting the drawing-up of the customs declaration

01/25/2017|0 Comments

A « note to the operators » of the Customs dated 23 January 2017 explicits article 5 of the Order dated 13 April 2016 relating to the customs representation and the registration of the customs [...]

Jurisdiction clause and public-order legislation

01/20/2017|0 Comments

Supreme Court, 18 Jan. 2017, n°15-26105 : Summoned before the French jurisdiction by the company X, the company Y raised an objection to jurisdiction based on the jurisdiction clause conferring jurisdiction on the [...]

Insurance, third party’s recourse action and starting point of the limitation period

01/13/2017|0 Comments

Supreme Court, 12 Jan. 2017, n°15-26325 : A collision occurred between a scooter driven by X, then a minor, and another scooter driven by Y, Z being a passenger. Y [...]

Codification of the regulatory section of the Code of Transports

12/30/2016|0 Comments

The decree n°2016-1893 of 28 December 2016 relating to the provisions of book I, book IV, apart from its title IV, and of chapters I and IV [...]

Gross negligence and limitation period

12/15/2016|0 Comments

Supreme Court, 13 Dec. 2016, n°15-19509 : Only fraud, in accordance with article L133-6, paragraph 1, of the Commercial Code, which is not to be confused with gross [...]

Gross negligence of the road haulier

12/14/2016|0 Comments

Supreme Court, 13 Dec. 2016, n°15-16027 : A shipment of grain entrusted to Y (the carrier) by X was stolen while the truck was parked on an unattended [...]

Ordinance n°2016-1687 of 8 December 2016 relating to maritime areas under the sovereignty or jurisdiction of the French Republic

12/10/2016|0 Comments

An ordinance n°2016-1687 of 8 December 2016 relating to maritime areas under the sovereignty or jurisdiction of the French Republic was published in the Official Journal on [...]

Entry into force of the law “SAPIN II”

12/10/2016|0 Comments

Entry into force of the law "SAPIN II", which introduces substantial changes to the legal provisions governing business relationships between economic operators and new measures meant to [...]

Compensation on the basis of the Regulation n°261/2004 in case of a delay exceeding 3 hours at the airport of a third country being the connection of a flight from an airport situated in a Member State

12/02/2016|0 Comments

Supreme Court, 30 Nov. 2016, n°15-21590 : After reminding that according to the caselaw of the European Union Court of Justice the passengers of a flight with connection undertaken [...]

Law n°2016-1428 of 24 October 2016 regarding the reinforcement of the security of use of civil drones

10/23/2016|0 Comments

Law n°2016-1428 of 24 October 2016 regarding the reinforcement of the security of use of civil drones: This law institutes rules regarding the circulation of « airplanes operated without [...]

On 1 July 2016, new requirements to verify the gross mass of a packed container enter into force under the International Convention for the Safety of Life at Sea (SOLAS)

07/01/2016|0 Comments

On 1 July 2016, new requirements to verify the gross mass of a packed container enter into force under the International Convention for the Safety of Life [...]

Exclusion of the cover of a special indemnity provided under a maritime salvage

06/30/2016|0 Comments

Supreme Court, 15 June 2016, n°14-28966 : Exclusion of the cover of a special indemnity provided under a maritime salvage. Article 14 of the 1989 Salvage Convention provides that [...]

Entry into force of the « Blue Economy Act » of 20 June 2016

06/21/2016|0 Comments

Entry into force of the « Blue Economy Act » of 20 June 2016, which contains a substantial number of provisions covering various aspects of the maritime sector, including [...]

In order to interrupt the time bar, an acknowledgement of the right of the person against whom the time bar runs does not have necessarily to appear in a document addressed to the latter

06/20/2016|0 Comments

Supreme Court, 14 June 2016, n°14-28864 : In order to interrupt the time bar, an acknowledgement of the right of the person against whom the time bar runs [...]

The one-year time bar provided for in article L133-6 of the Commercial Code is not applicable to the customs agent

04/02/2016|0 Comments

  Supreme Court, 22 March 2016, n°14-16592: the claim for reimbursement of the customs fees by the customs agent is grounded on the mandate entrusted to undertake [...]

Extension of the period of legal guarantee of conformity

03/23/2016|0 Comments

  Since 18 March 2016, the period during which the consumer can invoke a lack of conformity presumed to have existed at the moment of purchase of [...]

Liability of the road haulier for lack of compliance with the temperature provided for in the contract

03/01/2016|0 Comments

  Supreme Court, 9 Febr. 2016, n°14-24219 : Non-compliance with the temperature provided for in the contract of carriage constitutes a damage, even if the goods are not [...]

Real estate loan: Time bar of a debt payable in successive installments

02/27/2016|0 Comments

  Supreme Court, 11 Febr. 2016, n°14-22938 ; Supreme Court, 11 Febr. 2016, n°14-28383 ; Supreme Court, 11 Febr. 2016, n°14-27143 ; Supreme Court, 11 Febr. 2016, n°14-29539 : When a [...]

Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution

02/23/2016|0 Comments

  Entry into force of this Directive, which repeals and recasts the Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on [...]

Criminal liability of the employer in case of lack of pre-recruitment medical examination

02/18/2016|0 Comments

  Supreme Court, 12 Jan. 2016, n°14-87695: The employer, whose employee has not actually taken the pre-recruitment medical examination within the period prescribed by article R4624-10 of [...]

Construction Insurance : Minimum guarantees concerning decennial liability

02/18/2016|0 Comments

  Supreme Court, 4 Febr. 2016, n°14-29790 : Any person, which liability can be engaged on the basis of articles 1792 et seq. of the Civil Code concerning [...]

Ordinance n°2016-131 of 10 February 2016 reforming contract law and the general regime and proof of obligations

02/10/2016|0 Comments

  This ordinance will enter into force on 1st October 2016. It innovates on major aspects of French law and aims at reinforcing its economic efficiency and [...]

Documentary Credit and Fraud

02/04/2016|0 Comments

CA Paris, 15 Jan. 2016, n°14/17486: The confirming bank breaches its obligations when it proceeds to payment without checking the apparent conformity of the documents. It cannot [...]

Liability for delay of the Rail Carrier

01/31/2016|0 Comments

  Supreme Court, 14 Jan. 2016, n°14-28227: The obligation of timely delivery undertaken by the rail carrier amounts to a strict obligation, for which the carrier may [...]

Receivership: Execution is not deemed as an acknowledgement

01/22/2016|0 Comments

  Supreme Court, 12 Jan. 2016, n°14-11943: The decision of the receiver to proceed with the execution of an on-going contract concerning assets subject of an application for [...]

Refusal of transfer despite a mobility clause amounts to a serious misconduct

01/22/2016|0 Comments

Supreme Court, 12 Jan. 2016, n°14-23290: The refusal of the employee to attend his new assignment despite several notices and in breach of a mobility clause provided [...]

New Regulation regarding European Small Claims Procedure

01/19/2016|0 Comments

The Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure [...]

Regulated agreements

01/19/2016|0 Comments

Supreme Court, 5 Jan. 2016, n°14-18688: A contract between a company and its managing director is cancelled if it is tainted with fraud for having been concluded [...]

Restitution of an asset acquired by a third party with bad faith

01/18/2016|0 Comments

Supreme Court, 15 Dec. 2015, n°13-25566: The sanction of the absence of claim of the property of one’s asset within the time provided by law is not [...]

Unenforceability of the two-year time bar to sue Insurers

01/17/2016|0 Comments

Supreme Court, 10 Dec. 2015, n°14-28012: If the starting time of the two-year time bar provided under article L114-1 of the Insurance Code is not mentioned in [...]

Arrest for the recovery of the ownership of a vessel

01/17/2016|0 Comments

Supreme Court, 15 Dec. 2015, n°14-12348: A vessel can validly be arrested for recovery of its ownership on the basis of the Code of Civil Procedures of Execution, in [...]

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