Author Archives: Henry & Bricogne

The law or companies provide a number of guarantees in favour of buyers of goods. Their multiplicity means that litigants may be lost, especially regarding time limits for asserting their rights. An article from our Law Firm published by the website chefdentreprise.com provides an update on this issue.

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Garantie-vices-caches-garantie-conformite-garantie-commerciale-quels-delais-agir-342309.htm#sRBlDpODiPV9EvGY.97

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Since 2008, “significantly unbalanced” clauses in commercial contracts have been prohibited when imposed by the strong party to the contract. Review of this ban, sometimes unknown, which was reformed last April 24 in an article published by our firm on the website chefdentreprise.com

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Contrats-commerciaux-attention-clauses-desequilibrees-341228.htm#PBRcLzfTShjUFMlj.97

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Few pictures of our presentation for Campus Avocats on July 5, 2019 in the Maison de la Chimie in Paris on the theme “Unbalanced clauses in commercial contracts (Article L. 442-1, I, 2° of the French Commercial Code): inventory of the situation and prospects after the reform of 24 April 2019“.

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The French Competition Authority can enter the premises of companies without warning and seize documents on all media for several hours or even days. Knowing its rights in this kind of situation is essential. Review of the rights of companies in an article of our law firm published by the website chefdentreprise.com

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Operations-visite-saisie-Autorite-concurrence-connaitre-ses-droits-340472.htm#RJVmvtFKKKpkvSAI.97

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In its June issue 2019, the Revue de Jurisprudence de Droit des Affaires (RJDA) publishes a legal article written by Xavier Henry entitled “price control by the judge based on the prohibition of submission to a significant imbalance between the parties: Much ado about nothing ?”

On November 30, 2018, the French Constitutional Council (Conseil constitutionnel) declared that the interpretation of the French Supreme Court (Cour de Cassation) regarding Article L. 442-6, I, 2° (now Article L. 442-1, 2°) of the French Commercial Code that the judge is entitled to control the price agreed by the parties was in accordance with the French Constitution. If this control does not appear so surprising since it is not new under French law, its implementation seems delicate so that the judicial challenge of the price should be exceptional. Moreover, if the Order dated 24 April 2019, which amends ex-article L 442-6, I-2°, will not be of any help on the implementation of the control issue, it could nevertheless broaden the judge’s right to control the price.

Contrôle du prix par le juge – beaucoup de bruit pour rien – RJDA 06 19 p. 523

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CAMPUS PARIS 2019

As every year, the Paris Bar organizes at the beginning of the summer a week of training for Paris Bar’s lawyers. These trainings are provided by lawyers, law professors, in-house lawyers, …

Our firm was selected to provide on July 5, 2019 at 16:45 at the Maison de la Chimie in Paris a training course entitled “Unbalanced clauses in commercial contracts (Article L. 442-1, I, 2 ° of the Commercial Code): inventory of the situation and prospects after the reform of 24 April 2019 “. The following link allows to register.

https://evenium-site.com/site/campus-2019/793422;jsessionid=L62IuxRETSJk8WZwJsf0S56T.gl3?pg=793422

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Inventory of the administrative fines imposed in 2018 and at the beginning of 2019 in case of payments exceeding legal deadlines through an legal article of our firm published on the websites decision-achats.fr and chefdentreprise.com entitled: “payment exceeding deadlines: fines increase”.

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Depassement-delais-paiement-amendes-augmentent-339734.htm#ecQ7kBpRZAtxgrcA.97

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