News
Status of commercial agent, power to negotiate
The Cour de Cassation follows the ECJ in considering that the status of commercial agent does not require the ability for the agent to determine the prices. A decision of the French Cour de Cassation regarded a case in which a company specializing in the...
Challenges to the Macron indemnification scales
The so-called "Macron scales" were meant to offer companies with some degree of foreseability in case of wrongful dismissal – scaled indemnifications thus became applicable, depending on employees' seniority. This reform continues to be heavily challenged in Court and...
Compensation for termination of commercial agency contracts during the trial period
The termination of agency contracts during the trial period does not deprive the agent from compensation – first applications of the new case-law On the 8th of Nov. 2018, the Commercial Court of Dijon (France) held that if a contractor enjoyed the position of...
Abrupt termination of business relationships – changes with the French ordinance No. 2019-359
The purpose of this new reform is to reduce the amount of ongoing litigation concerning abrupt terminations through codification of some judicial practices and some legal simplification. It is unlikely however that its aim will be reached. French Ordinance No....
Employees’ travel time in a secured work compound upon arrival at work – no “effective working time”
The time spent by the employee in security checks and in a shuttle upon arrival at the work site does not qualify as "effective working time" when the employee is not at the employer’s disposal. Effective working time is the time during which the employee is “at the...
Conventional termination of employment contracts and assistance of the employer and employee
A conventional termination is not void when the employer was assisted by a third-party during the meetings, except if the non-assisted employee has been constrained In a decision dd. 5th June 2019 (case No. 18-10.901), the French Court of Cassation judged a case in...
Employment law : wrongful dismissal and Macron indemnification scales
The French Court of Cassation confirms the validity of the indemnification scales without ending the lower courts’ rebellion On the 17th July 2019, the French Court of Cassation has issued an official opinion (opinion No. 15013) in favour of the validity of the...
Sale of business – simplified formalities for the sale of businesses – law No. 2019-744 of 2019
Simplified formalities for the transfer of the business – suppression of some mandatory information. A new French statute No. 2019-744 of “simplification, clarification and update of corporate law” of July 2019 impacts the regime of civil and commercial companies and...