Civil Execution Proceedings / Evidence / Familly / Liability in tort
- Clarification on the starting point of the appeal period in case of the appointment of a new lawyer under legal aid
- Clarification of the law applicable to unjust enrichment
- The automatic loss of French nationality with regard to European citizenship
- Details on the location of financial loss and applicable law in matters relating to torts or quasi-delicts
- Conditions of validity of an asymmetric jurisdiction clause
- Conditions of validity of an asymmetric jurisdiction clause
- Lack of conformity and resolution of the sale of a vehicle fitted with software intended to bypass anti-pollution measures
- Plea of lis pendens : materiality of service or notification of the initial document to the respondent (Ruling 22-22.336)
- International child abduction: possible return to a State other than that of the child's original habitual residence, only if the child finds a familiar environment there (Ruling n°24-12.156)
- Minor Children and Civil Liability of Separated Parents (Ruling n°22-84.760)
- Cattle farming and nuisance in the neighbourhood (Ruling n°22-22.137)
- Childbirth allowance and surrogacy (Ruling n°22-10.559)
- Disloyally obtained evidence and its value before the civil judge (Ruling n°20-20.648)
- Provisional measures and freezing of Iraqi assets (Ruling n° 831 - 19-14.929)
- Immunity from execution: collection of tax claims possible in the event of express waiver by the State (Ruling n° 259 - 18-20.915)
- In case of a provisional penalty payment, it is up to the court receiving the referral to evaluate the proportionality of the infringement of the debtor's right to property in the light of the legitimate aim pursued
- Freezing of Iraqi assets: the freezing of the assets makes the funds unavailable as a precautionary measure without, by itself, entailing neither recognition of the property of the Iraqi State nor transfer of property to its benefit.
- Second civil chamber : Seizure of receivable and territoriality principle in enforcement proceedings
- Second civil chamber : right to a fair trial and reinforced protection of the debtor’s home
Commercial Law
- Patent counterfeiting: clarification on inventive step assessment
- Clarification on the conditions under which a digital platform can be qualified as a host
- Details on restriction of competition by object with regard to collusive practices in public procurement
- Clarifications on bank liability in cases of "CEO fraud" (whaling fraud) (Ruling 24-10.168)
Neighbourhood
- Action for compensation for ecological damage based on liability for defective products and liability for fault: jurisdiction of the judicial judge and starting point of the statute of limitations
- Household waste collection charge: no exemption for the transport of waste for its collection and disposal by the service of another local authority
- Application of the offence of undeclared export of dangerous goods to used engines without labelling or packaging (Ruling 23-83.847)
- Cattle farming and nuisance in the neighbourhood (Ruling n°22-22.137)
European Arrest Warrant
Article 10 / Freedom of expression / Article 8 / Right to privacy / Article 6§1 / Right to a fair and public hearing
- Artistic freedom and protection of human dignity (Ruling n°21-20.723)
- Capture of images on the public highway: no violation of Article 8 of the ECHR (Ruling n° 526 - 22-86.186)
- Unlawful removal of children: Excessive formalism due to the inadmissibility of the public prosecutor's statement of appeal not submitted electronically, rendering the father's claims inadmissible (Ruling n° 305 - 22-21.863)
- Status of human gametes: human gametes are not property within the meaning of Article 1 of Additional Protocol 1 to the European Convention for the Protection of Human Rights (ruling n° 492 - 21-17.654)
- Dismissal of a television host following a sexist joke: a proportionate sanction that does not excessively infringe an employee's freedom of expression (Ruling 20-10.852)
- Unfounded review of proportionality: the capital gain benefiting the expropriator when the expropriated plots are resold does not cause a damage resulting from the dispossession (ruling 20-17.133)
- Automated national file of genetic prints (FNAEG) and article 8 of the ECHR: prohibition to condemn a person who refused to give DNA sample for the period when French law did not provide the possibility of obtaining the erasure of DNA markers.
- Compulsory pension scheme of an essentially contributory nature and Article 1 of Protocol No 1 of the ECHR: disproportionate nature of non-consideration of the partial payments
- Compliance review of a pension scheme with the Supplementary Protocol No 1 to the ECHR : control of proportionality between the financial constraints of the contributory pension scheme for lawyers and the pension rights of the insured
- Third civil chamber : Right to respect for private life and personal interest in taking legal action
- Criminal chamber ruling: Rights of the defence
- First civil chamber : Freedom of expression and right to respect for private life
- Second civil chamber : right to a fair trial and reinforced protection of the debtor’s home
- Criminal chamber ruling: Freedom of expression on the internet
- Criminal chamber ruling: Unfair conditions of detention or pre-trial detention
- Third civil chamber : Demolition of irregular constructions and right to privacy
- Third civil chamber : Demolition of irregular constructions for violation of urban planning rules
- Compensation for descendants of victims of slavery: clarification of the statute of limitations and the losses that can be compensated (Ruling n° 466- 22-13.457)
- The right to trial within reasonable time and consequences of the excessive duration of the proceedings (Ruling n° 1304 - 21-85.655)
- The impecuniosity of a party is not in itself such as to characterise the manifest inapplicability of the arbitration clause within the meaning of Article 1448 of the Code of Civil Procedure. (Ruling No. 680 - 21-21.738)
- Right of access to a court of appeal – Applicability of formal requirement to mention the challenged charges of the judgment in matters where representation by a lawyer is not mandatory
- Effective right of access to a court under Article 6§1 of ECHR and inadmissibility of the appeal lodged against the decisions of the director of the French national institute of industrial property
- First civil chamber : exequatur of an American court decision
- Wearing a sign expressing a religious affiliation or opinion with the lawyer's robe: possibility for the Bar Council to prohibit it in its internal regulations (ruling 20-20.185)
The principle of primacy of EU law / Freedom of the press
- Coverage by a primary health insurance fund of the purchase of a medical device in another Member State (Ruling 21-25.527)
- Freedom of the press and the protection of financial markets (Ruling n°22-10.472)
- Obstruction offences: which employee representative bodies? (Ruling n° 1180 - 22-84.021)
- Proceedings for determining the applicable legislation to a worker pursuing an activity in several Member States of the European Union (Ruling n°21-18.251)
- Jurisdiction in matters of parental responsibility: Brussels II bis Regulation - Interpretation of Article 16 of the Regulation concerning the date at which a court is deemed to be seized (Ruling n°21-25.874)
- Principle of the primacy of EU law: the judge must not apply a rule that is recognized as being in conformity with constitutional principles but contrary to EU law (ruling 20-16.257)
- Rules of public order of European Union law and rule of conflict of laws: determination of the law applicable to the dispute and application on its own motion of the mandatory provisions of Article 6 of the “Rome II” Regulation of 11 July 2007
- Direct application from 1 January 2015 of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases (Ruling n° 483 - 22-13.317)
- Access to the profession of lawyer and conditions of registration to the bar for civil servants of the E.U. administration: conformity of the French regulation, following a preliminary ruling of the CJUE
Illegal immigrants / Right of Asylum
- Clarification of the possibility of sanctioning an illegal immigrant who obstructs a removal order on the basis of article L.824-9 of the CESEDA (Code for Entry and Residence of Foreigners in France and the Right of Asylum) (Ruling n° 382 - 22-81.676)
- Clarification of the possibility of sanctioning an illegal immigrant who obstructs a removal order under article L.824-1 of the CESEDA (Code for Entry and Residence of Foreigners in France and the Right of Asylum) (Ruling n° 381 - 22-85.816)
- Impossibility of sanctioning the refusal of an illegal immigrant to submit to a Covid-19 screening test in the event of the transfer of an alien from one member state to another (Ruling n° 379 - 22-84.426)
- In the case of an offer of arbitration in a treaty that does not contain a ratione temporis restriction, the annulment judge need only verify that the dispute arose after the treaty’s entry into force (Ruling n° 877 - 21-15.390)
- Office of the judge seized of an application to set aside an international arbitral award: obligation of the setting aside judge to verify whether the arbitral award is in conformity with the international public (ruling 17-17.981)
- Commercial Chamber : Stay of individual proceedings and exequatur of an international arbitration award
Convention on the Rights of Persons with Disabilities / UN Convention on Contracts for International Sale of Goods / The Hague Convention of the 25th of October 1980 / Brexit – EU-UK Trade and Cooperation Agreement and the TFEU
- Consequences of Brexit: British nationals residing in France no longer have the right to vote in the European elections
- Clarification, outside the EU, of the characterisation to be applied to an action for damages for the brutal termination of an established commercial relationship for the purposes of determining the competent court in the international context.(23-22.051)
- Interpretation of the Convention on the Rights of Persons with Disabilities: refusal to qualify a person travelling in an electric wheelchair as the driver of a motorised land vehicle according to the meaning of the law of 5 July 1985
- Commercial Chamber : Scope of protection of United Nations Convention on Contracts for International Sale of Goods
- First civil chamber : International child abduction and determination of the habitual residence of the child
- Clarification of the conditions of application of article 604, b) of the EU-UK Trade and Cooperation Agreement in the event of a European arrest warrant issued by the UK authorities (Ruling n° 1607 - 22-86.162)
- Criminal chamber : European arrest warrant after the withdrawal of United Kingdom from EU
- Second civil chamber : Brexit and the loss of the right to vote at municipal elections by British nationals
Insurance Law / Health insurance
- Persons eligible for compensation from the Fonds de garantie des victimes d'actes de terrorisme (Guarantee Fund for Victims of Acts of Terrorism) (Ruling n° 1101 - 21-13.134)
- Persons eligible for compensation from the Fonds de garantie des victimes d'actes de terrorisme (Guarantee Fund for Victims of Acts of Terrorism) (Ruling n° 1097 - 21-24.424)
- Second civil chamber : scope of Article L. 124-1-1 of the Insurance Code devoted to claims aggregation
- Social chamber : Validity of the E101 certificate
- Second civil chamber : Equivalence in national law of a social benefit obtained from another Member State
- Clarification of the enforceability of a jurisdiction clause against consignees bringing a contractual liability action against the maritime carrier (Ruling n° 753 - 20-17.768)
- Clarification of the conditions of admissibility of the liability action brought by the shipper against the sea carrier (ruling 19-16.466)
Social security law
- Clarification of the relationship between respect for the protection of personal data and the implementation of a tax procedure to seek evidence of tax fraud committed by the company (Ruling 22-18.210)
- Four-year statute of limitation to the claim for compensation of an owner having exercised its right of abandonment and invoking a loss arising from the resale of the property by the municipality for purposes unrelated to the public interest
- Third civil chamber : short-term rentals (« Airbnb » type) and prior authorization