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A class action
A class action is an action in which at least two people who consider themselves to be victims of the same damage committed by the same person join together to take legal action against the perpetrator of their damage. The proceedings must be conducted by a lawyer....
LAWYER NICE – TAKATA AIRBAG COMPENSATION
TAKATA AIRBAG DEFECTS, HOW TO CLAIM COMPENSATION?LAWYER NICE - TAKATA AIRBAG COMPENSATION Grégory DAMY has warned of the risks associated with the marketing of TATAKA airbags, which have caused and continue to cause serious accidents. *** ON THE SITUATION In September...
Lawyers in Nice – Immigration law Regularisation through work is possible.
Lawyers in Nice - Immigration lawRegularisation through work is possible. Grégory DAMY, a lawyer in Nice, provides an overview of the possibilities for regularisation under foreign nationals' law. *** Regularisation of residence through work : Are you a foreign...
Admissibility of an appeal outside the Télérecours system – the postmark is now decisive
Avocats à Nice - Administrative appeal Admissibility of an appeal outside the Télérecours system - the postmark is now decisive Traditionally, in administrative matters, the admissibility of an application was assessed by taking into account the date on which it was...
Class action: a comparative law study
Class action: a comparative law study In 2014, the concept of group action came into force in France. Group action is defined as the possibility for several victims of identical damage caused by the same company or the same professional to bring a joint action before...
Indictment of the Prosecutor and Freedom of the Press
Prosecutor Philippe Courroye was indicted in the highly publicized case of the fadettes, in particular linked to the Bettencourt affair. The charges against him concern the violation of journalistic sources belonging to two reporters from the prestigious publication...
The asset freeze: a retaliatory measure against dictators
Retaliation and Challenges Asset freezing is a common retaliatory measure used against dictators, as evidenced by the cases of Muammar Gaddafi, Zine El Abidine Ben Ali and Hosni Mubarak during the “Arab Spring”. This two-minute guide aims to shed light on how this...
Is censorship back? (21/06/12)
A CENSORED CINEMA POSTER Recently, the original poster for the film “Les Infidèles” was removed. In question, a degrading image that would be given to women. On television, the CSA keeps an eye on the grain. So are we moving more and more towards a climate of...
Do “group actions” have their place in France?
The group action (or "class action") allows a large number of people to sue a company or an institution, to obtain moral or financial compensation. Will she arrive in France? A group action desired but still delayed Better justice for consumers? The speculative...
Mobilization of lawyers against the pension reform project.
In January 2020, an important event took place in France: lawyers united to oppose the pension reform project. It is important to specify that the existing pension scheme for lawyers is not a special scheme but rather an autonomous scheme. Mobilization of lawyers...
Reform access to unemployment insurance to improve employment
Improving employment and compensation conditions The government has taken a strong stance on tougher compensation conditions to facilitate a quick return to work and to crack down on companies that rely heavily on short-term contracts. With the aim of saving around 3...
Modernization of tolls in France
Rationalization of French motorway tolls In France, a new motorway toll system has recently been tested. The traditional toll booths and barriers will be replaced by cameras installed at specific crossing points on the highways . Multiple payment methods:...
VAT and customs duties for our holiday memories
When we go on a trip abroad, we tend to want to bring back everyday products in our suitcases, but at much better prices! thus, cigarettes, alcohol and other digital goods can be purchased abroad but beware of the taxes you will have to pay on your return because...
Abolition of the RSI
Abolition of the RSI The RSI (Regime Social des Indépendants) has faced numerous dysfunctions since its creation, when it was responsible for ensuring the social rights of around 6.6 million French people. Aware of the general dissatisfaction with the system among...
The consequences of the Macron Law for the legal professions
The Law for Growth, Activity and Equal Economic Opportunity, known as the Macron Law , includes a section concerning the legal professions . Interprofessional Practice Firms: Improving Collaboration Between Legal Professions: – Law n° 2015-990 of August 6, 2015 was...
Opinion of the CJEU concerning the levy of the CSG and CRDS
Judgment of the Court of Justice of the EU The Court of Justice of the European Union ruled against France regarding the levy of the CSG and the CRDS on the income from the assets of non-resident, French and foreign taxpayers. They can demand repayment within two...
Experience vs Diplome
The only difference in diplomas does not make it possible to establish a difference in remuneration between employees carrying out the same functions, unless it is demonstrated that the possession of a specific diploma attests to specific knowledge useful for the...
Consecration of the Right to be forgotten
You may have heard of it: in a decision described by some as "revolutionary", the Court of Justice of the European Union (CJEU) granted, on May 13, about two months ago, a right "to digital oblivion", implying that anyone can obtain the deletion, by a search engine,...
The HAMON law and consumer protection.
Revolution ! Twenty-one years after the entry into force of the Consumer Code, Law no. Law n° 2014-344 relating to consumption, known as the “ Hamon law ”, in reference to the one who will have been the main one as Minister of the Social and Solidarity Economy, was...
Development of multi-professional financial participation companies
Development of multi-professional financial participation companies (SPFPL) A decisive step has just been taken in the development of a legal framework allowing the grouping of accounting and legal professionals, with the aim of offering clients who so wish a one-stop...
No Smoking
Smoking ban The Court of Cassation recently clarified the ban on smoking on the closed terraces of cafes. In a judgment of June 13, 2013, the Court pointed out that smoking is strictly prohibited on café terraces closed on the sides, the facade and the roof, even if...
Illegality of public subsidies for the septennial ceremonies of displaying relics.
The ceremonies of the septennial ostensions of relics having a cultic character, any public subsidy is illegal under the terms of the law of December 9, 1905 concerning the separation of the Church and the State. This is what the Council of State has just ruled in a...
Removal of the term “Mademoiselle”
Removal of the term “ Mademoiselle ”: In a decision of December 26, 2012, the Council of State validated the Prime Minister's circular of February 21, 2012 which recommended the removal of the term “Mademoiselle” from administrative forms. An association had...
The role of the Constitutional Council in the determination of the tax
Role of the Constitutional Council the decision taken by the Council on December 29, 2012 raises the question of whether the Elders have sinned by excess of wisdom. While it is important to recognize that the Declaration of Human Rights, in Article 13 , emphasizes...
The law on social housing declared unconstitutional.
Unconstitutional censorship The Constitutional Council rendered a decision on October 24, 2012, censoring the law on social housing (Cons . const., decision no. 2012-655 DC, of October 24, 2012, no. Lexbase: A8270IUT ). The Council received more than sixty...
A few things to know before making a donation.
Dynamics of donations Before making a donation, it is important to determine whether a notarial deed is required. In the case of manual donation, the transfer of ownership to a beneficiary is made by physical delivery rather than by notarial deed. These donations do...
Social networks and the imperative of having to reinforce confidentiality
Following user alerts reported by the press concerning the dissemination of certain messages on Facebook accounts of French users prior to 2009, the National Commission for Computing and Liberties ( Cnil ) issued its conclusions on October 2, 2012 . According to the...
What rules of conduct for cyclists?
What rules of conduct for cyclists? Others 12 Estimated reading time (in minutes) Are there rules of conduct? We know that the rules of conduct are strict for motorists, but what about cyclists ? Is respect for the highway code the same? Are there any safety...
Similar reality show and parasitism issue.
Stopping reality TV In a recent judgment, the Paris Court of Appeal rendered a significant verdict by overturning the conviction of Alexia Laroche-Joubert's company for parasitism and unfair competition against her former employer , Endemol. This decision spared him a...
Acceptance of the general conditions of sale by repeated payment
Acceptance of payment In a case between a French distributor and a German supplier, the Court of Cassation ruled that a buyer who systematically pays invoices containing the general conditions of sale (CGV) is deemed to have accepted these conditions, even if he did...
Rules on wine labeling, beware of nutritional claims!
Restricted Wine Claims European Union legislation, specifically amended by Regulation 1924/2006 , imposes strict limits on the use of "health claims" in the labeling and advertising of alcoholic beverages containing more than 1.2% alcohol by volume. This includes...
Update on the rights of job seekers
Job Seekers' Rights, the French public employment service , continues to face challenges and criticism in meeting its obligations to job seekers. In March 2022, she was convicted for failing to provide complete information to job seekers. However, another unemployed...
Valérie Trierweiler on the beach and breach of privacy
Invasion of privacy In a recent case, the Tribunal de grande instance of Paris ruled on the publication of photos showing Valérie Trierweiler, the companion of the President of the Republic, in a bathing suit on the beach at Fort Brégançon. The court, ruling in...
The CNB obtains the closure of an illegal legal advice site
Legal closure of a website the National Council of Bars obtains the closure of a website offering legal advice in contravention of legal provisions. CNB:- The hunt for the "pirates" of the Act has begun well. The National Bar Council ( CNB ), which announced last...
Apple vs. Samsung: Infringement Claim Dismissed
In a blow to Apple's legal battle against Samsung, a Tokyo court dismissed Apple's lawsuit accusing Samsung of patent infringement in the Japanese market. The judge concluded that Samsung's products do not appear to use the same technology as Apple's products, thus...
Legal framework applicable in case of evacuation of illegal camps
An interministerial circular has been published to set the guidelines for State intervention in the event of the evacuation of illegal camps, as well as the mechanism for coordinating local actors, to be implemented under the authority of the prefect. Framework for...
Environmental Assessment for Better Legislative Planning
Environmental Planning and Assessment Planning documents play a crucial role in shaping the environment and ensuring sustainable development. In order to minimize their negative impact on the environment, it is necessary to subject these documents to an environmental...
Comparative study of the French and German social protection systems
Social protection Contrasts Simplicity and readability are the key words of the systems offered by Germany, France's main trading partner across the Rhine . Comparison of social protection systems: France and Germany: – Simplicity and readability are the key words...
Advertising Controversy
Advertising Controversy On August 24, the Minister of Culture and Communication dismissed the idea of reintroducing evening advertising on France Télévisions channels, contrary to the suggestion made by her Budget counterpart, Jérôme Cahuzac, the previous day. This...
What future for public television?
Future negotiations In doing so, he endeavored, during the presentation of the back-to-school programmes, to give guarantees to the Government and in particular to the Minister of Culture and Communication , Aurélie Filippetti.According to him, nothing is more...
Verification of data: lawyers ask for the same facilities as notaries
The President of the National Bar Council has written to the Keeper of the Seals asking him to kindly extend to lawyers the procedure for verifying the personal data provided to the user. Inscribed in articles 13-2 and 13-3 of the decree of August 3, 1962, this...
Surveillance of the SAFARI browser by Google: a record fine
Safari Surveillance The US Federal Trade Commission (FTC) announced on August 9, 2012 an agreement with Google, which will pay a “record” fine of $22.5 million to settle lawsuits related to the surveillance of Internet browser users . 'Apple, Safari. Google Fine for...
Opinion of the Court of Cassation on the referral of documents within a law firm
The judge responded to a request for cancellation of a report of visit and seizure carried out by agents of the tax administration of a law firm. The judge acknowledged that the document in question, a draft defense brief, was confidential. Consequently, the judge...
Rejection of a QPC relating to legal aid
In a judgment of June 21, 2012, the second civil chamber declared that there was no reason to seize the Constitutional Council of the following priority question of constitutionality, transmitted by the Court of Appeal of Reims: "The article 7 of Law No. 91-647 of 10...
Law applicable to WEB hosts: between responsibility and freedom
Legal dilemma The appeal judges had in fact considered that the two companies should have implemented the technical means at their disposal in order to make it impossible to access the photos or videos already notified and which they store. They have thus exceeded the...
Export declaration in fallback procedure
A decree published on August 10 chooses the paper export declaration model as a fallback procedure. An order indicates the choice of the model of the paper export declaration when the Customs system or that of the operator does not work, that is to say in the case of...
Recast of the so-called “Seveso II directive”
Directive No. 2012/18/EU of July 4, 2012 Directive 2012/18/EU of July 4, 2012 concerning the control of major accident hazards involving hazardous substances has been published. This directive replaces directive no. 96/82/EC of 9 December 1996 known as the “Seveso II...
Google’s Street View program: reaction from the CNIL
The Cnil asked, on July 31, 2012, to examine the data kept by the Google engine group, as part of its Street View program. It will be recalled that during checks carried out in 2009 and 2010, the Commission had noted that the company Google was collecting, from its...
Eco-Bonus Scales
Modification of Ecological Bonus Scales: Supporting Clean Vehicle Purchases In a decree issued on July 30, 2012, the scales for the "ecological bonus" were revised to encourage the acquisition of environmentally friendly vehicles starting from August 1, 2012. For...
Organic, local, natural labels… How to find your way around?
Today, we can see more and more products on which are inscribed the mentions “organic”, “terroir”, or even “natural”. What are these labels? Can we trust them or is it just marketing? The “organic” label Organic production is a mode of production that respects...
Legal nature of the general social contribution
The general social contribution (CSG), referred to in Article L. 136-1 of the Social Security Code, was instituted by the finance law of 29 December 1990.The CSG is based in particular on income from work and replacement. Persons domiciled in France for the...
Transfer Disputes
Formalism and Litigation in Dailly Transfers The process of Dailly transfer has often been a subject of legal disputes, with the formalities surrounding it being a potential source of ongoing litigation. In this context, a company transfers its claim against a...
Online services and copyright issues
Online Services and Copyright Infringement Copyright safeguards The advent of online communication services has created new challenges in copyright protection. A significant problem arises when these services systematically direct Internet users to websites...
Treatment of defamation contained in a confidential letter
Libelous accusations in private correspondence Defamatory accusations made in personal and private correspondence, aimed exclusively at the addressee of the letter, are subject to criminal sanctions only if the letter was sent under conditions of absolute...
The notion of drawing lots in matters of succession
Uphold previous judgments: follow prescribed guidelines When it comes to the distribution of inheritance, it is crucial to comply with any guidelines or instructions set out in previous judgments. If a prior judgment has determined a specific method, such as value...
Effect of the request for suspension of the effects of the termination clause included in a commercial lease
Request for delay and suspension: termination of the commercial lease According to Article L. 145-41 of the Commercial Code , the holder of a commercial lease has the right to request delays and the suspension of the effects of the resolutory clause, even after...
The tax on household waste in commercial leases
Garbage Tax Liability in Commercial Leases With regard to the tax for the removal of household waste in commercial premises, the responsibility lies by default with the lessor, unless otherwise stipulated in the lease contract. In the absence of such a provision,...
Floor area and energy efficiency
Introduction to Floor Area Calculation In France, the floor area ( SDP ) is a standardized unit used for the calculation of building areas. This concept of measurement was fixed by the ordinance n° 2011-1539 of November 16, 2011 which defines the floor surfaces...
Racism, understanding and sanction
Understand the different forms of racism Racism encompasses a range of expressions that can lead to discrimination based on religion, ethnicity or nationality . These expressions can take the form of words, behaviors, actions or writings. It is important to...
Justice behind the screen and the impossible realism
Introduction: When it comes to depicting court proceedings in series and movies , the question arises as to how realistic these depictions really are. While they may provide entertainment value , it is important to consider whether justice can be accurately...
Victims’ associations and their essential character
CONDITIONS TO BE FULFILLED. The creation of an association of victims is possible when a certain number of people have together suffered the same damage. It is then necessary to deposit statutes, to choose a president, to be equipped with an office which will act on...
Presidential election: Who can be a candidate?
This year, the French elected their new President of the Republic. Several candidates hope to be able to present themselves officially. But can everyone be a candidate for the presidential election? Do you have to fulfill certain conditions? OBTAINING “PERSONAL...
Can a writer freely draw inspiration from real facts?
The influence of real facts on writing The question of whether a writer can draw inspiration from real events is a subject that has long been debated in the field of literature and creative writing. Writers often draw inspiration from the world around them,...
Freedom of opinion in business
Are you free to criticize your business or is this professional misconduct ? Can we talk freely about politics or religion with our colleagues? WHAT IS FREEDOM OF EXPRESSION? Freedom of expression is a major European constitutional principle according to which...
Compulsory transfer
You don’t want or can’t move… but your company wants to impose a transfer on you. Can you oppose it? How? At first, no If your employment contract does not contain a clause relating to the place of work, the employer cannot impose a transfer on you outside your...
Can I refuse to pay the bill at the restaurant?
Refusal of invoice In restaurants, the provision of service is generally settled at the end of the meal. In case of malfunction, do we have to pay the bill? What can I do to dispute the rating? IN PRINCIPLE, NO IF THE MEAL HAS NOT BEEN CONSUMED refusal of invoice As a...
Beware of personal data on the net!
The exploitation of personal data on the Internet is a legitimate concern of Internet users. However, the sites must comply with certain regulations, which are sometimes unknown! spam Spam is an advertising e-mail often received by Internet users. In general, the...
Doorstep canvassing: watch out for abuse
Door-to-door canvassing sometimes gives rise to real abuse… So , can we sell everything? What are the limits to be respected by the seller? How to guard against possible abuse? Authorized… but regulated Door-to-door or door-to-door canvassing is an activity...
Internet betting
Am I allowed to bet online? What precautions should be taken to be sure to remain legal? IS IT LEGAL? The law of May 12, 2010 authorizes three new types of games: sports betting, horse betting and poker. Lotteries and virtual slot machines remain prohibited. If...
My Internet connection is not working, what should I do?
Troubleshoot Connectivity! Any operator is required to provide you with the Internet speed listed on your contract. In the event of a breach of this commitment, several remedies exist. Gather the evidence. Troubleshoot Connectivity! After noticing...
Presidential Speech Reforms
Existing rules and differentiation of periods The rules governing the speaking time of presidential candidates have undergone several distinctions and differentiations. The CSA (Higher Audiovisual Council), the French audiovisual regulatory authority , previously...
Is judicial anonymity possible?
Forensic anonymity! Is anonymity in court possible? In which cases? Is there a specific device? The answer is: YES, AS A WITNESS Forensic anonymity! In order for certain investigations to move forward, it is necessary for the persons holding the information to be able...
How to contest forced psychiatric hospitalization?
Can the patient contest the care that is brought to him by force? What are the remedies to which he is entitled? Refer to the judge of freedoms and detention A patient who undergoes forced psychiatric care can challenge this care if he considers it unjustified. To...
Ski accident: What liability?
Winter sports are very accident prone . How areresponsibilities determined? How to get rectified? “In the event of a skiing accident, the determination of responsibility may depend on various factors. This may include assessing the actions of the skier involved, any...
Google Map and privacy: a challenge!
At a time when Google has listed a large part of France in its famous Google Maps, it can happen that we find ourselves by chance on one of these photographs . Is it allowed? Can I request the removal of this photo, and how? Is it legal? The use of your photograph...
How to get the French nationality ?
There are four major cases to be able to apply for French nationality . It is easily obtained if you were born in France and still reside there after the age of 11. In other cases, the French administration will study the case at length before rendering its...
Legal aid, how does it work?
Everyone has the right to be defended , even if they don't have the financial means. Whether you are a defendant or plaintiff, find out how to assert your rights at a lower cost. WHAT DOES IT COVER? Legal aid allows those who do not have the financial means to be...
How are lawyers’ fees determined?
How are lawyers ' fees determined ? What are the different payment methods? Can we dispute the amount of his fees? Fees set freely: Regarding the fees of a lawyer, there is no scale, minimum or ceiling and it is the principle of freedom that applies. The fees are...
How to protect your e-reputation?
Information published on the Internet is difficult to control. How to protect your e-reputation ? Do we always have to react? Know what people are saying about you To protect your reputation on the Internet, you must first monitor what is being said about...
Update on freedom of expression on the internet
Social sharing! The principle of freedom of expression is a fundamental principle of law. But what about when it comes to the Internet? Can we say everything, and what do we risk? In reality, the penalties can be heavy… The principle of freedom Social sharing! Each of...
Update on the main rules governing video surveillance
Surveillance Laws! Faced with the development of video surveillance, the boundary between privacy and security is regularly debated. Can I see the pictures? Does this constitute proof? The main rules Surveillance Laws! In terms of video surveillance, there are three...
Hearing the child: the rules to know
Hearing of the child! The Outreau affair had revived the debate on the word of the child: should it be taken into account? What place does it occupy in the procedures that may concern it? If he is capable of discernment Since the law of 2007, a minor capable...
Rules for dog owners to know
Dog Rules! Following several attacks involving so-called “dangerous” dogs, the courts have ruled. Which dogs are targeted? And what are the obligations of their masters? The "categories" of dogs Dog Rules! Since the law of January 6, 1999, two categories of dogs have...
What compensation in the event of natural disasters?
Natural disasters can be very heavy. How are we compensated? What precautions should be taken? Home Insurance Disaster Recovery! There is no specific cover for natural disasters. The insurance is generally included in the " comprehensive home " contract. It covers...
External growth operations: good to know
External growth operations are complex and sometimes risky processes. Here are the points to keep in mind before you start. What is the nature of the operation? There are several types of external growth, acquisition or disposal operation . At least three questions...
Creating business on the internet
To start a commercial activity on the internet, there are precautions to take. Once the form of activity has been chosen, it is necessary to check the availability of the sign and to guard against possible disputes with buyers. Choose the right legal status: If the...
Notification operations, how to use
The acquisition of a stake in a company or the creation of a joint subsidiary with other partners are operations that must be notified to the competition authorities. The company must be particularly vigilant because it exposes itself to heavy penalties....
Successful transfer pricing documentation
Transactions carried out within international groups are governed by strict rules and must be precisely documented. In the event of breach of these rules, the tax administration systematically corrects the companies. What is this? Transfer prices are the prices of...
The endowment fund, the right plan for sponsorship?
Of the various forms that corporate sponsorship can take, the very recent endowment fund is one of the least well known. Still, there is no shortage of benefits. A FLEXIBLE SOLUTION, SUITABLE FOR ALL The endowment fund is a new legal form of patronage. It...
How to register a trademark in France?
To become the owner of a trademark in France, you must file with the National Institute of Industrial Property ( INPI ). It is he who examines the application for registration. What are the different stages? beforehand Before filing a trademark, you should ask...
