Class action lawsuits in France
Decree No. 2025-734 dated 30 July 2025 on the procedure applicable to class actions and the class action register specifies the new unified legal regime for class actions, which are possible in all matters in France before both judicial and administrative courts. It implements Article 16 of Law No. 2025-391 of 30 April 2025 on […]
The “Magicobus II” decree simplifying civil procedure, dated July 8, 2025
On 8 July 2025, Decree No. 2025-619 on various measures to simplify civil procedure, known as “Magicobus II”, was published and followed by a summary notice on 16 July 2025. Most of its provisions came into force on 1 September 2025 and are applicable to ongoing proceedings on that date (with a few exceptions). Here […]
Decree No. 2025-660 of July 18, 2025, reforming conventional organisation of the proceedings (mise en état ou instruction conventionnelle) and recodifying amicable dispute resolution methods
The decree dated 18 July 2025 establishes the principle of cooperation between the judge and the parties in order to encourage the use of amicable dispute resolution methods. It has thoroughly revised Book V of the French Code of Civil Procedure, which now includes all provisions concerning amicable dispute resolution methods, whether conventional or judicial. […]
The articulation of Article 145 of the Code of Civil Procedure and trade secrets through provisional escrow
The decision handed down by the French Supreme Court on 14 May 2025 illustrates the articulation between trade secrets and Article 145 of the French Code of Civil Procedure, under which a judge may order all investigative measures that are legally admissible if there is a legitimate reason to preserve or establish evidence of facts […]
The direct action of the sub- purchaser against the manufacturer is a tortious action
In two decisions dated 28 May 2025, the French Supreme Court ruled that the action brought by the sub-purchaser against the manufacturer was tortious in nature, as the choice of law clause contained in the contract between the purchaser and the manufacturer was not enforceable against the latter. In the case at hand, a French […]
The conditions for declaring a contract invalid (caduc) as a consequence of declaring a related contract null and void
In a decision dated 7 May 2025, the French Supreme Court upheld a ruling by a court of appeal that had declared inadmissible a claim for the invalidation (caducité) of interdependent contracts against a party that was not a party to or represented in the proceedings for the annulment of an interdependent contract. In the […]
The duty to provide pre-contractual information concerns decisive information that is directly and necessarily linked to the consent of the other party to the contract
In a decision dated 14 May 2025, the French Supreme Court clarified that “Article 1112-1 of the French Civil Code stipulates that the duty to provide pre-contractual information only applies to information that is directly and necessarily related to the content of the contract or the quality of the parties, and whose importance is decisive […]
Reform of the nullity regime in corporate law
The Order No. 2025-229 dated 12 March 2025 has significantly revised the rules governing nullity in corporate law. It came into force on 1 October 2025. Here are its main contributions. The reform introduced a “triple test” in Article 1844-12-1 of the French Civil Code. Thus, in order for a judge to declare a corporate […]
Arbitration and enforcement: England’s High Court rejects stay of enforcement of awards related to a parallel dispute in Dubai
In a decision dated 22 May 2025, the High Court of Justice refused to stay the enforcement of four arbitral awards secured in 2023 by the UAE company Deinon Insurance Brokers LLC against K.M. Dastur Holdings Limited and Mr. Colin Reen following disputes relating to loans. The debtors had already unsuccessfully challenged these awards before […]
Sports arbitration: towards stricter control of arbitral awards under EU public policy
In a decision dated 1 August 2025 in the RFC Seraing case, the Court of Justice of the European Union clarified the requirement for effective judicial review of arbitral awards under EU public policy. The Court ruled that when an award is handed down in a dispute relating to a sporting activity that constitutes an […]