Benefit in Kind – Company Vehicle: A Stricter Evidentiary Framework? The provision of a vehicle by an employer for the benefit of employees, when it includes private use, constitutes a benefit in kind (BIK) subject to social security ... Read more about Company Vehicle in France – French labor Law
The Architect’s Contract in France: Structure and Key Provisions
The Contrat de Maîtrise d’Œuvre (MOE) is a fundamental legal document governing the contractual relationship between the project owner (Maître d’Ouvrage - MOA) and the architect or engineering firm (Maître d’Œuvre - MOE). This agreement, ... Read more about The Architect’s Contract in France: Structure and Key Provisions
Filing a Lawsuit in France
The French Government recently specified the payment terms and scales for the economic justice contribution, a sum that must be paid in certain cases to bring proceedings before one of the economic activity tribunals (TAE). This obligation ... Read more about Filing a Lawsuit in France
Christmas Party 2024 in Monaco
I am truly honored and grateful for the invitation to this year’s Annual Christmas Celebration at the prestigious Hôtel de Paris in Monaco, organized by the Monaco Ambassador Club. A heartfelt thank you to our wonderful Monaco client and ... Read more about Christmas Party 2024 in Monaco
Remote Working from Abroad without Authorization: Grounds for Dismissal for Gross Misconduct
Employment Law in France. In the wake of the COVID-19 pandemic, remote working has become a common practice. However, when it comes to working remotely from abroad, legal complexities arise. A recent judgment by the Paris labor court ... Read more about Remote Working from Abroad without Authorization: Grounds for Dismissal for Gross Misconduct
Harmful intent in poaching of employees under French employment law: proven gross negligence
Employment law in France - Cass. soc. 26-6-2024 no. 22-10.709 F-D, Sté Wavestone c/ W. The poaching of employees by a recruiter for the benefit of a third party company constitutes gross misconduct where there is intent to harm. This is ... Read more about Harmful intent in poaching of employees under French employment law: proven gross negligence
Construction issues in France, Côte d’Azur
As construction law specialists in France (and specially the Côte d'Azur), Alaris Avocats are the ideal choice for foreign clients who own homes in this magnificent region. We use our legal expertise to guide you through the complexities of ... Read more about Construction issues in France, Côte d’Azur
Alaris Law Firm Party in Paris, September 2024
A Memorable Evening at the Alaris Law Firm Party in Paris. On September 13th, 2024, Alaris hosted its much-anticipated annual law firm party, and this year's event was truly exceptional. We met in a winebar at 2. arrondissement in ... Read more about Alaris Law Firm Party in Paris, September 2024
Termination of Lease for Unpaid Rent during Observation Period
Conditions for Termination of Lease for Unpaid Rent during the Observation Period. In a recent ruling, the French Court of Cassation clarified the conditions for terminating a lease due to unpaid rent owed by a tenant undergoing ... Read more about Termination of Lease for Unpaid Rent during Observation Period
Commercial Agent Status in France: Possible Even Without Power to Modify Principal’s Contracts
In the realm of commercial relationships, recognizing the status of a commercial agent is crucial. This status, defined by Article L 134-1 of the French Commercial Code, grants specific rights and protections, particularly regarding ... Read more about Commercial Agent Status in France: Possible Even Without Power to Modify Principal’s Contracts
Understanding Late Payment Penalties in France between companies
In the realm of commercial transactions, late payment penalties are a significant concern for business. According to Article L 441-10 of the French Commercial Code, late payment penalties are moratory interests, due the day following the ... Read more about Understanding Late Payment Penalties in France between companies
Minority Vote in SAS: The Plenary Assembly of the Court of Cassation is Seized
Cass. com. 10-5-2024 n° 23-16.670 F-D, F.C / Société la Vierge In a significant ruling, the Court of Cassation previously ruled out the possibility of allowing minority voting in the statutes of simplified joint-stock companies (SAS). ... Read more about Minority Vote in SAS: The Plenary Assembly of the Court of Cassation is Seized
Obligation of Loyalty for Company Executives when Resigning from Employment
In a recent ruling, the Commercial Division of the French Court of Cassation reaffirmed the obligation of loyalty incumbent upon company executives during the resignation process from their salaried positions. Case Overview The ... Read more about Obligation of Loyalty for Company Executives when Resigning from Employment
Construction liability in France
The French Court of Cassation has cancelled its previous decisions (Cass. 3e civ. 13-7-2022 n° 19-20.231 FS-B : BPIM 5/22 inf. 359), which held that equipment elements, whether or not they can be separated from the existing structure, were ... Read more about Construction liability in France
Understanding the Hidden Defects Warranty in France: The Prescription Period
Alaris Avocats, specialists in real estate law, aims to enlighten its clients on a crucial aspect of property acquisition: the hidden defects warranty and the significance of the deadline to act. When purchasing a property, the discovery ... Read more about Understanding the Hidden Defects Warranty in France: The Prescription Period
Protecting your company: Dealing with unlawfully obtained evidence
In a groundbreaking judgement, the Court of Cassation (Cass. soc. of 14/02/2024 no. 22-23.073 F-B, B. c/ Sté Pharmacie mahoraise) has shown that evidence obtained through unlawful video surveillance may be admissible in court under certain ... Read more about Protecting your company: Dealing with unlawfully obtained evidence
Understanding Your Rights Under French Law: The Principle of Unforeseeability
In the dynamic world of business, the unexpected can often lead to significant challenges. A recent ruling by the Paris Commercial Court on November 15, 2023 (Case No. 2022026332, Le Figaro Company vs. South-West Press and Publishing ... Read more about Understanding Your Rights Under French Law: The Principle of Unforeseeability