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You are involved in litigation in France?

Contact our French business lawyers to understand the issues you are facing and set up an efficient strategy to handle them.

Did you know that:

 

  • Court representation by a French lawyer in litigation involving 10 000 € or more is mandatory?

 

  • Our French business lawyers can work on an amicable resolution of your case in parallel with court proceedings

 

  • Our French business lawyers will analyze your case, determine a strategy and assist  you to obtain payment or defend your rights.

Initial FREE Consultation

Call us +33 (0) 1 78 90 46 46 or fill in the form below and a French business lawyer will contact you within 24h. All information will remain confidential and will be disclosed only to French-qualified lawyers.

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Business Cases:

Shareholder Dispute in France

How to Handle a Dispute between shareholders of a French company?

Start by reviewing the bylaws of the company and the shareholders’ agreement, if any. They will provide valuable information on the rights and obligations of the shareholders.

Analyse the reasons of the dispute (misappropriation of assets by one of the shareholders, disparagement or reputational damage, carrying of competing activity and theft of clients or know-how, excessive remuneration, etc.) and how they qualify under French law and the company constitutive documents (white collar crime, abuse of corporate assets, tortuous responsibility, they constitute or do not constitute valid grounds for exclusion from the company).

Determine the negotiation leverage which each of the shareholders have, including by reviewing potential exclusion clauses, put and call options, pre-emption rights and other clauses which may be contained in the bylaws and applicable to the case at hand.

Set up a strategy to resolve the dispute, which may include:

  • Conciliation through mediation

  • Exercise of put or call options or exclusion of the shareholder

  • Revocation of the shareholder from managerial duties, if any

  • Court action, including in the name and on behalf of the company, if acts of embezzlement or abuse of corporate assets have been committed

  • Action for dissolution of the company

  • Non-adversarial court action to obtain an authorization to collect proof at the offices of the company or the domicile of the shareholder / manager

Shareholders’ disputes are highly conflictual matters, which if not handled properly may have ruinous effects on the company and may jeopardize its very existence. We have sound experience in handling such matters and will be to assist you in the most efficient way.

Breach of Contract with a French Company

How to handle a breach of contract in France?

A breach of contract may have multiple intentional or non-intentional causes, such as:

  • Delay in the performance of the contract

  • Supply of goods which do not conform to the provisions of the contract or which have hidden or apparent defects

  • External circumstances (such as force majeure or third party acts) which hamper the completion of contractual obligations

  • Disagreement of the parties as regards the interpretation of certain provisions of the contract and their corresponding obligations…

We can help you secure your contractual rights by:

  • summoning the debtor to comply with its contractual obligations

  • seizing some or all assets of the debtor

  • implementing alternative dispute resolution mechanisms

  • refer the matter to the competent court to obtain an enforceable court decision

Commercial Agent Dispute

A commercial agent is any natural person or entity who, acting as self-employed, on a continuous basis, negotiates or concludes contracts for the sale or purchase of products or the provision of services in the name and on behalf of producers, manufacturers, traders or other commercial agents.

On termination of its agency contract, and depending on the circumstances of the termination and the past duration of the agency contract, the commercial agent is entitled to compensation in an amount up to three years of the agent’s commission.

We regularly assist agents and principals in the framework of disputes in connection with the termination of agency contracts and the payment of the corresponding indemnity.

Interim attachment of assets in France

According to article L. 512-1 of the Code of Civil Enforcement Procedures, “Any person whose claim appears to be founded in principle may request from the judge the authorization to practice a protective measure on the assets of his debtor, without a prior command, if it justifies the circumstances likely to threaten recovery”.  

On the basis of the above provisions, a creditor may be granted the authorization to temporarily seize the assets of its debtor, in an effort to preserve its claim. Such interim attachment of assets is also a very efficient means of obliging the debtor to settle all or part of its dues.

Interim attachment measures (“saisies-conservatoires”) can be practiced on all kinds of property, receivables and rights belonging to the debtor, such as, without limitation:

  • Sums of money deposited in a bank

  • Shares and other corporate rights

  • Commercial property

  • Boats and ships

  • Aircraft

  • Going concern

  • Other miscellaneous assets

Interim attachment measures in France can be practiced on assets located in France, even if the debtor is located outside France, and even if the underlying contractual relationship is not governed by French law.

The firm assists both creditors and debtors to, respectively, obtain or oppose interim attachment measures.

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