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Litigation in France

04 Oct
Posting of workers - secondment of employees - to France
Pursuant to article L. 1262-1 of the French Labour Law Code, an employer established outside France may temporarily post workers on the French territory, provided that there is an employment contract between said employer and the employees, and provided further that the employment relationship between the employer and the employees continues...
15 May
Embezzlement (French business law)
Embezzlement is the fraudulent conversion of a company’s funds or other property by a director of the company. The following acts, inter alia, have been judged by French courts to constitute embezzlement: Use, by a corporate officer, of company funds to pay the fees of its own lawyers; Payment, by a company, of traffic fines imposed on its...
12 Mar
Debt recovery (French business law)
What should you do if your debtor does not pay? Make an analysis of your contract to determine the exact amount that you may claim In addition to the unpaid amount for the services that you have provided or the products which you have delivered, you will also be entitled to claim penalties for late payment. To determine the amount of such...
25 Mar
Payment terms
Pursuant to article L. 441-6 of the French Code de commerce (Commercial code): Unless otherwise specified in the general terms and conditions between a buyer and a supplier of products or provider of services, or otherwise agreed between the parties, payment is due 30 days after the date on which the products were received or the services...
25 Mar
Penalties for late payment
According to article L. 441-6 of the French Code de commerce (Commercial code), penalties for late payment apply as of right, as from the date on which the payment was due. The parties may not agree on late payment penalties in an amount less than three times the legal interest rate. If no penalties were agreed, the penalties are calculated...
10 Mar
Seizure of a debtor's bank account and/or assets
In the event that there is a risk that a debtor will not pay the amounts owed to a creditor, summary proceedings to obtain the temporary seizure of the debtor’s bank account and/or assets may be introduced. The request for seizure is presented by the creditor to a judge (“ juge de l’exécution ”). The debtor is not called to the hearing. The...
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