Intéressante décision de la chambre distribution de la cour d’appel de Paris du 17 mai 2023 dans une affaire suivie par le Cabinet
Interesting decision of the distribution division of the Paris Court of Appeal of 17 May 2023 in a case followed by Vogel & Vogel recalling the very strict conditions for a termination with notice to be challenged on the basis of the abuse of rights theory.
In principle, under French law, a distribution contract may be terminated freely by either…Read more
A term in a contract providing for compensation in the event of breach of a non-compete clause by the employee is a penalty clause.
Cass. soc., 14 February 2024, No 22-17.332
Abuse of dependence
Although established in Belgium, Eurelec may be sued by the French Minister of the Economy before the French courts in application of the ordinary law rules on territorial jurisdiction set out in the Code of Civil Procedure.
CA Paris, 21 February 2024, No 21/09001
Search and seizure operations may be carried out at the personal home of a regional sales manager who supervises a manufacturer’s sales team, provided that she works from this location, which is a considerable distance from the undertaking’s head office.
CA Douai, 12 February 2024, No 23/00746
The liberty and detention judge (juge des libertés et la détention) cannot be presumed not to have carried out a real and effective review of the application, simply because it was filed on a Friday and his order was issued on the following Monday.
CA Douai, 12 February 2024, No 23/00748
A principal cannot hold his agent responsible for failing to defend to customers a change in sales policy based on quotas and client selection, which resulted in the rejection of a significant number of orders placed, when this policy is not based on any clear and specific criteria.
CA Paris, 8 February 2024, No 18/01559