Is an employee entitled to challenge the occupational physician’s opinion that the employee is unfit for work, which exempts the employer from any obligation to redeploy the employee?

Labour law

Cass. Soc. 3 July 2024, no. 23-14.227 Is an employee entitled to challenge the occupational physician’s opinion that the employee is unfit for work, which exempts the employer from any obligation to redeploy the employee? This is the question that the Social...

Abusive refusal to redeploy and requalification as dismissal

Labour law

Cass. soc. 12 June 2024, no. 22-18.138 Can an employee obtain the requalification of his dismissal as a dismissal without real and serious cause when he has been dismissed for wrongful refusal to be reclassified, even though the occupational physician had waived the...

Change in case law regarding the relative effect of contracts.

Contract law

Cass. com. 3 July 2024, 21-14.947 Change in case law regarding the relative effect of contracts. On 3 July 2024 (no. 21-14.947), the Commercial Chamber of the French Supreme Court (Cour de cassation) handed down a noteworthy decision in which it called into question...

Harassment in packs: one message is enough

Criminal law

Harassment in packs: one message is enough Article 222-33-2-2 paragraph 1 of the Criminal Code makes it an offence to “harass a person by repeated comments or behaviour the purpose or effect of which is to degrade their living conditions, resulting in an impairment of...

Must the creditor of an SCI sue the company before the partners have sold their shares in order to be able to sue the partners for repayment?

Commercial and company law

Cass. civ. 3rd, 6 June 2024, no. 23-10.526 Must the creditor of an SCI sue the company before the partners have sold their shares in order to be able to sue the partners for repayment? This was the question addressed by the Third Civil Chamber of the Court of...