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- Category: Article
- Proof of delivery in the sale of movable property
- News on Société Civile Immobilière
- Choosing company legal forms for dummies!
- The latest updates decrypted!
- Contractual termination vitiated by employee malice […].
- Nullity of the non-competition clause
- Work stoppages due to illness
- Can a debtor who declares a creditor’s claim in the collective proceedings subsequently contest it?
- Whoever wins the auction has to pay… and can be condemned to do so!
- Intra-group interest rate in line with market rate…
- Shareholders’ agreement, from entering to exiting a company’s capital
- Focus on Part-Time Employment Contracts
- Disputing a medical opinion and the shortage of labor inspector doctors.
- Love and work don’t always mix
- Paid leave and sick leave
- Transfer order sent by an employee who was the victim of fraud to the Chairman
- Jurisdiction of the Pre-Trial Judge to order an expert report in the context of a group action
- Guarantor’s recourse: Subrogatory or personal?
- The use of private equity
- New details on the value-sharing bonus
- Dismissal for unfitness: linking the challenge to the employer’s breach of safety obligation
- Never inform an employee by telephone of his or her dismissal on the day the letter of dismissal is sent.
- The signature of an agreement providing for the implementation of a PSE
- Taxation of gambling winnings
- Who benefits from commercial agent status?
- Abuse of minority rights
- Back to submission or attempted submission, in a significant imbalance between professionals
- Late payment penalties in business law
- The stages involved in selling a business
- Inexcusable fault: the measures taken by the employer must be effective and sufficient
- Obligation to redeploy in the event of unfitness
- An ill-conceived bill
- Entitlement to paid leave while off work
- Commercial lease: A renewal offer with different clauses is equivalent to a renewal refusal
- Legal status of seasonal tourist rentals: Civil or commercial?
- Nullity implies restitution, liability implies damages!
- Art taxation
- Communication of medical records by healthcare professionals
- Offering an open-ended contract to an employee at the end of a fixed-term contract: New formalities to be complied with
- Harassment – An update on recent case law in this area
- Watch out for deadlines! – If new misconduct is discovered during the course of disciplinary proceedings
- Change of workplace – towards a more flexible definition of the geographical area?
- Employee shareholding – employee access to share capital
- No dismissal for a reason not listed in the collective agreement!
- The Badinter law and a tramway’s dedicated lane
- EGALIM 3: An obligation to negotiate in good faith […]
- Paris 2024 – Governance, doping, violence, corruption, etc.: major works for an exemplary sport?
- Zero interest loan
- Conciliation and Renegotiation of EMPs […]
- The brand and the second hand – the Chanel affair
- Research tax credit (“CIR”) receivable
- Partial demerger – What are the advantages?
- Automatic prejudice: the return!
- Paid leave and sickness – Article L. 3141-5 5° of the French Labor Code declared compliant with the Constitution
- Termination of contract and notice period – clarifications from the Cour de cassation
- PSE: the Conseil d’Etat fires a warning shot
- Employee safety – For the Cour de cassation, the employer remains liable even when he entrusts his safety to a third party
- The risk incurred by employers who neglect to monitor the working hours of their fixed-term employees
- Finance Act for 2024
- Compensation for bodily injury and moral prejudice in constant evolution
- As part of the sale of a business, the seller is obliged to deliver the clientele previously agreed upon.
- Chairman’s fraud: liability of a victim company’s bank for breach of its duty of care
- Optimize your assets: Discover the potential of contribution-cession!
- The main social measures introduced by the Finance Act for 2024 […]
- Following a transfer, the new employer cannot be held responsible […].
- Alcohol consumption and drug testing: jurisprudence applies a common sense approach to facts
- One everywhere, proof in the middle
- Appeared in Le Figaro Partner: Paid leave and sickness, reversals and questions!
- The employer’s failure to organize paid leave […].
- The town doctor, collaborating with the occupational health and prevention service
- Competition restrictions, beware of abuse (ROLEX & MARIAGE FRERES)!
- Confirmation of Jurisprudence on inexcusable fault, Social Security Financing Bill 2024
- Prior seizures: finally a check on the loyalty of the Petitioner?
- Is it possible to combine infringement and unfair competition actions?
- Sales law: a latent defect 20 years on
- Terminating a contract without prior formal notice
- Acts performed in the name of or on behalf of companies in formation […].
- Is the “rupture conventionnelle” offered as an alternative to dismissal valid?
- The importance of distinguishing between disputes over the cost of expert appraisals and those over the need for them
- The franchisor’s need for candor
- Certain companies can benefit from the provisions of the Consumer Code
- Criteria for abrupt termination of an established commercial relationship
- Unpaid bills: which procedure to choose?
- The bill on the sharing of corporate value definitively adopted
- Pay transparency: information to be provided to employees
- Settlement after unfair dismissal void
- Deferral of paid leave not taken due to sick leave
- Errors in unfitness notices: what are the consequences?
- One month to give temporary employees a list of permanent positions
- Obligation to provide information on hiring now specified
- Work-related accident pension and disability pension
- Compliance with legal and regulatory obligations imposed on companies!
- Work-related injury and teleworking: strict application of the legal presumption of imputability
- Notice of unfitness and reclassification: pay attention to the wording of the notice
- The scandal of qualified fitness opinions
- The resurgence of necessary prejudice
- Non-temporary, non-contractual assignment to a separate post […].
- Compensation before the Commission de Conciliation et d’Indemnisation […] (CCI)
- Contract law: useful reminder from the 3rd Civil Chamber
- Legal professionals practising in the form of ordinary commercial companies in the spotlight
- Housing: a new law to rebalance landlords’ rights
- General terms and conditions of sale in a foreign language: are they enforceable against French customers?
- Broadening the concept of an unauthorised payment transaction […].
- SPAC: a financing tool for acquisitions
- Recordings of pre-redundancy interviews: where do things stand?
- Paid leave and sickness: What you need to know after the 13 September ruling!
- Can the professional interview and the appraisal interview be held on the same day?
- The Ecological Transition meets Labour Law
- French employers, don’t neglect the language of Molière…
- The mobility clause: no infringement of the employee’s fundamental right to personal and family life
- The collective agreement mentioned in the employment contract […].
- Employees may not be heard as part of an expert appraisal commissioned by the CSE without the employer’s express agreement.
- An employee’s preliminary interview may be conducted by the authorized manager of another company in the same group.
- How should alcohol advertising be regulated?
- Substitution clauses in promises to sell are unenforceable […].
- Mass poaching of a competitor’s staff constitutes an act of unfair competition […].
- The value-sharing bill
- The journey from the hotel to the employee’s place of work does not constitute actual working time.
- The presumption of resignation for abandonment of post has not finished making headlines
- Nullity of dismissal: reinstatement possible for an employee who abandons his request for judicial termination
- The criminal conviction of an employee who has disturbed the smooth running of the company […].
- An employee declared unfit for work may be dismissed for misconduct if he or she hinders redeployment.
- The intuitu personae clause tested by a change of control or management of one of the contracting companies
- Legislative and case law developments for “Dark stores” and “Dark kitchens
- Unfair competition: borrowing elements of a communication is protectable […]
- Interpretation of approval clauses prior to the reform of June 24, 2004 […].
- Bank’s duty to warn […].
- Presumption of resignation in the event of voluntary abandonment of post by employee comes into force on April 19, 2023
- New ruling by the French Supreme Court on moral harassment
- Employers can use anonymous testimony to prove employee misconduct
- Clarifications from the Cour de cassation on the renunciation of the DS mandate
- Sub-leasing of commercial premises
- Non-compliance with the GDPR is a new ground for cancellation of a contract
- Application of the new law to unilateral promises made before the reform of February 16, 2016
- The acquisition of shares by the company following the refusal of approval of a transfer to a third party
- An anxiety-depressive disorder can suspend the statute of limitations on an action to contest a dismissal
- Use of delegation hours and the role of the interim relief judge
- Criticism of an employee’s management of a department […]
- Successive fixed-term contracts: When each new fixed-term contract allows the employee to […]
- Intellectual property and private copying
- Compensation for personal injury resulting from a work-related accident
- Impossibility for the Lessor of commercial premises […]
- The similarity of a website presentation […]
- SAS : the deliberations of partners taken in violation […]
- SARL : the plurality of managers […]
- Denying paternity and birth leave to an employee […]
- When the deficiencies of the contradictory investigation […]
- Only bad faith allows an employee to be dismissed […]
- The declaration of unfitness […] dismissal for gross misconduct
- How should an employer act if an employee […]?
- Drink or climb, you have to choose!
- Prescription and force majeure: the Court of Cassation opens the Pandora’s box
- A shareholders’ agreement concluded […] a fixed-term commitment
- Appeal against a notice of unfitness […]
- Participating in sports competitions during a sick leave […]
- The first steps of the one-stop shop for businesses
- The creation of a company by a former employee […]
- Amazon and other marketplaces operators soon condemned […] ?
- Personal injury, prior condition and compensation
- Delivery of a summons to pay for the resolutory clause […]
- The qualification of the unauthorised payment transaction
- Bonding: clarification of the informed character […]
- The legal guarantee against eviction: conditions of implementation
- The Court of Justice of the European Union limits […]
- The renunciation of partnership by a spouse may be tacit
- Clarification of the value-sharing bonus by BOSS
- The mere fact that an employee leaves with the customer file of his former employer in the context of the creation of a competing company constitutes an act of unfair competition
- Appointment of a trade union delegate: it is up to the union to demonstrate the “distinct” nature of the establishment in which the representative carries out his or her duties
- “You don’t have to go fast, you just have to keep going.
- Serious misconduct by the commercial agent must be invoked in the termination letter: the Cour de cassation reverses its position
- Unfair competition due to non-compliance with a legal provision: focus on compliance with the RGPD
- SAS: the regime of exclusion clauses complies with the constitution
- Bill to adapt domestic law to European Union law
- Cancellation of a “serious risk” expert appraisal: it is up to the CSE to cover the costs of the procedure related to the cancellation of the appraisal
- Challenging a follow-up certificate is possible but under certain conditions
- The Court of Cassation rules for the first time on the formalism of the tripartite intra-group transfer agreement
- Disciplinary dismissal: a strict one-month deadline for giving notice of termination
- The medical file, sacred property of the patient
- Commercial company with variable capital: lawfulness of the clause in the articles of association which does not specify the grounds for exclusion
- Management of a simplified joint-stock company: extra-statutory acts may supplement but not derogate from the statutes
- Companies in difficulty: confidentiality of the conciliation procedure and the Ad Hoc mandate
- Latest legislative developments in the Labour Market Bill
- Disciplinary dismissal: a strict one-month deadline for giving notice of termination
- Invalid dismissal: in case of multiple reasons, the employer can limit his condemnation!
- Internal whistleblowing procedure to be updated in companies with 50 or more employees
- A CSE, signatory of a collective agreement, is not admissible to invoke, by way of exception, the illegality of a clause of this agreement
- Energy price rises: Extension and relaxation of the aid scheme for businesses affected
- Serious misconduct by the commercial agent company in the event of an intuitu personae clause concerning its director
- No nullity of the credit transaction merely because of a violation of the banking monopoly
- Advance pricing: distinctions between prohibited and permitted practices
- The Council of State abolishes the obligation to resort to amicable dispute resolution
- Nullity incurred for the backdated contractual termination
- Labour market bill: towards a new way of breaking up?
- Dismissal for misconduct and criminal conviction: criminal evidence cannot be challenged before the industrial tribunal
- The unlawfulness of the reason for dismissal, even in part, due to the employee’s exercise of his or her freedom of expression, in itself renders the dismissal null and void
- Meetings of the ETSB: the Court of Cassation validates the modification of the agenda at the beginning of the meeting with the unanimity of the elected members
- Farting to get the team out of the office? A joke in bad taste that justifies dismissal
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