Commented case law

Merger-absorption and criminal liability: fraus omnia corrumpit

Court of Cassation, Criminal Chamber, September 29, 2026, No. 25-82.579

Condition precedent: the party who causes it to fail does not always lose

Court of Cassation, 3rd Civil Chamber, September 24, 2026, No. 24-16.732

Defective product: modifying a machine, even out of necessity, can cost you dearly

Court of Cassation, 1st Civil Chamber, September 23, 2026, No. 25-12.051

Abuse of majority: no need to summon the offending shareholders

Court of Cassation, Commercial Chamber, July 9, 2025, No. 23-23.484

Simplified joint-stock company and right of first refusal: the nullity of a transfer does not require proof of fraud

Court of Cassation, Commercial Chamber, July 8, 2026, No. 25-11.354

The Vivendi saga: without "effective" control, there is no mandatory buyout offer

Paris Court of Appeal, July 8, 2026, No. 25/20399

Commercial lease: the landlord may retract their offer to sell before the tenant's acceptance

Court of Cassation, 3rd Civil Chamber, June 25, 2026, No. 25-10.765

Sudden termination of established business relations and contractual force majeure

Court of Cassation, Commercial Chamber, June 24, 2026, No. 24-21.626

Unfair competition: soliciting a competitor's clients is permitted, unless unfair practices are used

Court of Cassation, Commercial Chamber, May 13, 2026, No. 24-22.202

Defective products and damage settlement

Court of Cassation, 1st Civil Chamber, February 18, 2026, No. 24-19.881

Offense of favoritism: repentance is no excuse

Court of Cassation, Criminal Chamber, January 7, 2026, No. 24-87.222

A judge cannot set a sale price, even if you ask them to

Court of Cassation, Commercial Chamber, June 4, 2025, No. 24-11.580

Non-approved heir in a simplified joint-stock company: the value of corporate rights is calculated as of the date of death

Court of Cassation, Commercial Chamber, September 16, 2026, No. 24-22.763

SARL Manager: As a matter of principle, creating a competing company during one's term is prohibited

Court of Cassation, Commercial Chamber, June 17, 2026, No. 25-13.855

Bondholders' representative: authorization to take legal action can be granted via written consultation

Court of Cassation, Commercial Chamber, May 6, 2026, No. 25-12.493

Share transfer: an offer expressed as a percentage of capital is sufficient

Court of Cassation, Commercial Chamber, September 17, 2025, No. 24-10.604

Set-off: it takes effect as soon as its conditions are met, not on the day it is invoked

Court of Cassation, Commercial Chamber, July 1, 2026, No. 24-20.979

Seller's duty to inform: a competent professional buyer is not entitled to it, regardless of their area of expertise

Court of Cassation, Commercial Chamber, July 8, 2026, No. 25-11.256

Commercial lease: damaged property is not destroyed property

Court of Cassation, 3rd Civil Chamber, June 4, 2026, No. 25-10.068

Sudden termination of established business relations: 8 years of relations are not enough if stability has disappeared

Paris Court of Appeal, January 7, 2026, No. 24/02285

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