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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