The prohibition on acquiring a distressed business does not apply only to official directors Article L.642-3 of the French Commercial Code (Code de commerce) prohibits certain persons connected to a distressed company from submitting a takeover offer. The purpose of this rule is to prevent individuals...
Freedom of work and competition remains the principle Under French law, a company may recruit employees from a competitor provided that no valid non-compete clause prohibits it. The mere departure of several employees is therefore not sufficient in itself to establish wrongdoing. The French Supreme Court...
On June 10, 2026, Maître Thierry CLERC took part in Xport Day 2026, held in Le Havre at the CCI Seine Estuaire. CLERC AVOCATS was a partner of this edition, dedicated to the international development of Normandy-based businesses, with a particular focus on Africa and the...
Trade secrets have become a central competitiveness issue In a highly competitive digital economy, a company’s strategic data often represent a key asset: client files, know-how, commercial data, technical processes, source codes, development strategies or sensitive financial information. Law No. 2018-670 of 30 July 2018, implementing...
(CA Versailles, 6 December 2022, No. 21/00916) Retaining profits within the company is not necessarily unlawful Under French company law, majority shareholders enjoy broad managerial discretion regarding the allocation of profits. A company may therefore legitimately decide to retain all or part of its earnings as reserves...
Applicable Law Article L. 442-1 II of the French Commercial Code penalizes any sudden termination of established commercial relationships without written notice that takes into account, notably, the duration of the commercial relationship, with reference to trade practices or interprofessional agreements, as well as the pricing...
8–10 April 2026, Deauville Our firm participated in the CELO Conference, dedicated to logistics, transport and supply chain matters. This event brought together 170 participants from the transport and logistics sectors, highlighting key operational and legal challenges. The conference was organized by France Burnand, founder of CELO. CLERC AVOCATS...
Article 297(1) TFEU states that “Legislative acts shall be published in the Official Journal of the European Union. They shall enter into force on the date specified therein or, in the absence of such a date, on the twentieth day following their publication.” A judgment of...
08/14/2025By Thierry CLERC - CLERC AVOCATSThe introduction of 15% tariffs risks upsetting the balance of contracts already signed, in progress or to come. The July 27, 2025, US–US-EU trade agreement imposes a 15% tariff on most EU exports to the US (cars, pharmaceuticals, semiconductors), while...
ln France, the General Terms and Conditions of Sale are the basis for negotiating commercial relations (article L441-1 of the French Commercial Code)....