News

Follow our news and in particular read and download the Firm Newsletters consisting of a selection on a regular basis of material and case law in economic law.

The franchisor escapes nullity for fraud of the franchise contract but not nullity for damages of the sale of the business.

The Paris Court of Appeal handed down a decision on September 16, 2020 which may come as a surprise. The Court rejected the nullity of the franchise contract but annulled the concomitant sale of the business by the franchisor to the franchisee for the reasons that had led it to reject the nullity of the contract. Publication on December 7, 2020 of an article by our firm on the franchise-magazine.com website about this decision.

https://www.franchise-magazine.com/expert-franchise/tribunes/avis-expert-nullite-contrat-cour-appel-paris-decembre-2020

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Can a company hire a competitor’s employees?

The employees of a company have skills or a good knowledge of the customers. A competitor may therefore be tempted to offer these employees the opportunity to come and work for it. While such an offer is not prohibited, it may sometimes constitute an act of unfair competition. The website chefdentreprise.com publishes an article by our firm on October 15, 2020 on the rights and obligations of a company that wants to hire employees of a competitor.

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Une-entreprise-peut-elle-embaucher-salaries-concurrent-353176.htm

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Our firm was awarded by Le Monde du Droit at a ceremony at the Intercontinental Hotel in Paris on 30 September 2020 the prize in the category “competition law – law firm with less than 30 lawyers”. Our firm was ranked third in this category.

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When selling a product, the seller must legally guarantee its customer against hidden defects. If the product is damaged by such a defect, then the customer has the right to request the cancellation of the sale or request a partial refund. But when can we speak of a hidden defect? Elements of answer in an article of our firm published by the website Actionco.fr.

https://www.actionco.fr/thematique/rh-1217/breves/vente-est-vice-cache-352370.htm

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Commercial agents: the clarification of the Court of Justice of the European Union

The Court of Justice of the European Union issued a very important decision on June 4, 2020 regarding the definition of commercial agents. Adopting a different position from that of the French Court of Cassation, this decision will lead to granting the status of commercial agent more often.

The solutions.lesechos.fr website published on August 27, 2020 an article written by our firm recalling the stakes and the scope of this decision.

https://solutions.lesechos.fr/juridique/c/agents-commerciaux-la-clarification-de-la-cour-de-justice-de-lunion-europeenne-21925/

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As last year, André Bricogne and Xavier Henry will be speaking at Campus Paris 2020 (training course for lawyers) on 7 July 2020 at 2 pm on the topic “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”. This year, Campus is digital. Registration is open.

https://www.avocatcampus.org/calendrier/zoomsession.htm?zoom=de5fb399-fcaa-ea11-80f0-005056ae0696

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What are the possibilities for a company to bring an action when another company copies its products or the presentation of its products, its name or its advertising? An action based on economic parasitism may be the solution. Presentation of the principles and consequences of economic parasitism through an article written by our firm published by the website https://artisans.chefdentreprise.com on June 26, 2020.

https://artisans.chefdentreprise.com/Thematique/juridique-1062/Breves/Comment-lutter-contre-parasites-commerciaux-350437.htm

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