Rulings translated in english

Rulings translated in english

Date Reference Abstract Chamber
14 avril 2021 17-25.822 P Scope of protection of protected designations of origin (PDOs) (after preliminary ruling) : protection of PDOs against reproduction of the shape or appearance characterizing the product covered by the registered name. Commercial Chamber
2 avril 2021 19-18.814 PR Access to justice and foreseeability of law : admissibility in specific conditions of the plea challenging a ruling conforming to a previous decision of quashing in case of evolution of case law. Plenary Assembly
31 mars 2021 16-16.713 PRI Validity of the E101 certificate in the context of proceedings for undeclared work (after preliminary ruling) : in the case of an E101 certificate whose validity has been confirmed by the issuing authority, the criminal conviction based on a definitive finding of fraud established in breach of European Union law is not res judicta. Labour chamber
18 mars 2021 17-20.226 P Equivalence in national law of a social benefit obtained from another Member State under the Article 5 of Regulation EC No 883/2004 of the European Parliament and of the Council of 29 april 2004 : application of the terms and conditions specified by the CJEU in response to the question referred for a preliminary ruling

Second Civil Chamber

17 mars 2021 20-14.506 Compliance of a foreign decision with international public policy : recognition in France under certain conditions of the khol’â (divorce obtained by the wife in return for compensation) pronounced in Algeria. First civil chamber
17 mars 2021 19-12.025 P Retrospective control of the cause of an economic dismissal in the light of European Union law : no conflict with Council Directive 98/59 of July 1998 in the case law of the Court of Cassation which accepts that an economic dismissal may be devoid of a real and serious cause when the employer committed a fault at the origin of the economic reason invoked. Labour chamber
4 mars 2021 20-11.726 P Right to respect for private and family life and personal interest in taking legal action : inadmissibility of the owner to invoke the violation of the right to personal and family privacy of his renters, as long as he is not a victim of the alleged violation. Third civil chamber
3 mars 2021 19-23.260 P Scope of the United Nations Convention on Contracts for International Sale of Goods (CISG) : application to the recourse action of the intermediate seller against its own seller Commercial Chamber
18 février 2021 17-26.156 PRI Compliance to the « Services Directive » of the system subjecting the short-term rentals (« Airbnb » type) to a prior authorization. Third civil chamber
17 février 2021 19-24.780 P Freedom of expression and right to respect for private life : balancing these rights under the case-law of the European Court of Human Rights – The recall of a criminal conviction, even if pronounced publicly, is likely infringing private life. Referral through a hypertext link of an obituary already published on another website does not exclude the existence of an infringement of privacy. First civil chamber
26 janvier 2021 21-80.239 P+I Consequences of the withdrawal of the United Kingdom from the European Union on the execution of a European arrest warrant issued by the British judicial authorities : the European arrest warrant will continue to be governed by the rules of Framework Decision 2002/584/JHA as long as the wanted person has been arrested before the end of the transition period (midnight on 31 December 2020). Criminal chamber
13 janvier 2021 20-81.359 P+B+R+I Subsidiarity protection » and extradition : it is impossible to extradite an asylum seeker as long as he benefits from the “subsidiarity protection. Criminal chamber
6 janvier 2021 19-21.718 FS-PI Freedom of expression and presumption of innocence : “balancing of rights” approach in the light of ECHR case law. First Civil Chamber
10 décembre 2020 19-10.801 FS-PBI Seizure of receivable and territoriality principle in enforcement proceedings : such a seizure can only take effect if the garnished third party is established in France (registered office in France or legal entity with the power to pay a claim owed by a debtor for which the entity is garnished). Second Civil Chamber
2 décembre 2020 18-20.231 P Commercial agent status : the commercial agent’s power to negotiate does not necessarily imply that he has the power to change the price of products or services. Commercial, Financial and Economic Chamber
2 décembre 2020 18-20.691 FS-P Exequatur of an American court decision : compliance test with international public order and Article 6§1 ECHR. First Civil Chamber
25 novembre 2020 17-19.523 FP-PBRI IP addresses and log files (prior to the entry into force of the GDPR) : personal data that must be declared in advance to the National commission on information systems and freedom and that may be produced in court, in the absence of a prior declaration, if the infringement of the employee’s personal life is justified regarding the employer’s right to evidence and if such production is indispensable. Labour Chamber
25 novembre 2020 18-86.955 FS.P+B+R+I Merger : new liability for the acquiring company ; time-delayed effect of the new interpretation in application of the principle of legal predictability (evolution of national law in application of EUCJ and ECHR case law). Criminal Chamber
12 novembre 2020 19-18.849 F-PBR Stay of individual proceedings and exequatur of an international arbitration award : the exequatur of an arbitration award can be granted for the sole purpose of enabling the creditor to have his contested obligation debt recognized before the bankruptcy judge. Commercial Chamber
4 novembre 2020 16-28.281 FS-PB Trade mark law : a trade mark owner whose rights have been revoked due to the absence of use can bring an action for infringement for any adverse effects with regard to his rights in the trade mark which occurred before the revocation. Commercial Chamber
21 octobre 2020 19-18.689 FS.P+B+R+I Liability for defective products : conviction of Monsanto for accidental inhalation of herbicide fumes by a farmer. First Civil Chamber
1er octobre 2020 20-16.901 F-PBRI Consequences of the United Kingdom’s withdrawal from the EU : the loss of the right to vote and to stand as a candidate at municipal elections by British nationals is not a discrimination on grounds of nationality (Article 18(1) TFEU). Second Civil Chamber
30 septembre 2020 19-12.058 FS-PBRI On the 1st and 3rd parts of the first plea Employee’s fault : evidence relying on extracts from private Facebook account is not necessarily contrary to the ECHR. Labour Chamber
24 septembre 2020 18-12.593 ; 18-13.726 PBRI The provisions of Article L. 124-1-1 of the Insurance Code devoted to claims aggregation are not applicable to liability incurred by a professional in the case of breach of the duties to inform and advise, this, which is individual in nature, excluding the existence of a technical cause, within the meaning of this text, allowing them to be considered a unique damaging event. Second Civil Chamber
17 septembre 2020 18-23.626 FS-PBI Implementation of ECHR case law : time-delayed effect of a new case law considering the right to a fair trial and reinforced protection of the debtor’s home. Second Civil Chamber
1er septembre 2020 19-84.505 F-PBI Freedom of expression on the internet (Article 10 ECHR) : Referring to a defamatory hypertext is not in itself defamatory. Criminal Chamber
8 juillet 2020 20-81.739 FS-PBRI Unfair conditions of detention, pre-trial detention, right to an effective remedy and possible release of the detainee. Follow-up to the ECHR judgement JMB v. France. Criminal Chamber
12 juin 2020 19-24.108 FS-P+B+I International child abduction (The Hague Convention of 25 October 1980) and determination of the habitual residence of the child : evolution of national law under the influence of EUCJ case law. First Civil Chamber
26 février 2020 18-22.556 FS-PBRI Workers’ health : a "serious risk" assessment may be triggered in the user undertaking by the Co-mmittee for hygiene, safety and working conditions of the temporary employment undertaking under strict conditions. Labour Chamber
16 janvier 2020 19-10.375 FS-P+B+I Demolition of irregular constructions for violation of urban planning rules and right to privacy : proportionality test regarding the right to respect for private life and home (Article 8 ECHR). Third civil Chamber
16 janvier 2020 19-13.645 FS-PBI Demolition of irregular constructions for violation of urban planning rules and right to privacy : ineffective proportionality test in the presence of a pressing social need to preserve the safety of individuals. Third Civil Chamber