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Non-solicitation clause and non-compete clause

Baker & McKenzie
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France
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March 1 2012

This decision by the social Chamber of the French Supreme Court analyzes the effects of a non-solicitation clause on the employee's freedom to work

Cross-border transfer of cash pooling activity without consideration constitutes an indirect transfer of earnings

Baker & McKenzie
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France
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March 20 2012

In a ruling of 11 May 2011, the Administrative Court of Paris classified the intra-group transfer of a cash pooling activity from France to Switzerland without consideration as an indirect transfer of profits

Selective distribution: reaffirmation of the illegality of an internet sales ban

Baker & McKenzie
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European Union, France
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March 28 2013

Through two recent decisions, the French Competition Authority and the Paris Court of Appeal, both applying the analysis grid set by the European

Condition for membership in a tax consolidated group for the requirements of the Charasse amendment: strict evaluation of the appeals court judge in accordance with the law

Baker & McKenzie
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France
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May 31 2012

In its Decision dated November 29, 2011 (First Chamber No. 10VE00784 - SA Otor), the Versailles Administrative Court of Appeals nullified the decision taken by the Montreuil Tribunal dated January 7, 2010 thus confirming the non-applicability of the mechanism of limiting the financial expenses provided for in the 7th paragraph of Article 233 B of the French tax code (CGI) to the sale made between members of a group of companies at the time of such sale, notwithstanding the potential restructuring likely to exclude the buyer or the seller from the tax consolidated group after such sale

Abrupt termination and intuitu personae

Baker & McKenzie
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France
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March 28 2013

Unless a contractual termination clause targets this situation, the disposal of all the shares in a company leading to a change in management does not

French Supreme Court upholds employer's access to employee emails

Baker & McKenzie
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France
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March 29 2010

The French Supreme Court (the Cour de Cassation) has confirmed the position of the Angers Court of Appeal, which ruled that an employer can freely access its employee's emails located on his company-issued computer

Compensation for loss of goodwill and unjust enrichment

Baker & McKenzie
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France
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December 31 2012

The loss of goodwill resulting from the termination of a retail distribution contract may not give rise to the application of unjust enrichment rules. In

Focus on the first case law regarding the legal qualification of the hotel management agreement

Baker & McKenzie
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France
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January 11 2013

The Court of Appeal of Paris ruled that hotel management agreements could be qualified as agency agreement! This is the first judgment rendered in this

Whether employees’ refusal to be transferred on a business sale jeopardises capital gains exemption must be assessed on a case-by-case basis

Baker & McKenzie
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France
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November 30 2012

With a case referred to it by the Montpellier Administrative Court for an opinion, the French Administrative Supreme Court ruled for the first time on the issue of whether a refusal by some employees to be transferred with the sale of a complete line of business is an obstacle to obtaining the exemption for professional capital gains provided in Article 238 quindecies of the French Tax Code

Jurisdiction in online infringement cases: “substantial link” theory confirmed

Baker & McKenzie
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France
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January 28 2009

In Ferrara v Ministère public (Case 07-87.281, 9th September 2008) the Criminal Chamber of the French Supreme Court has confirmed the applicability of the “substantial link” theory in criminal cases involving the infringement of IP rights on foreign websites

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Search results

Non-solicitation clause and non-compete clause

Cross-border transfer of cash pooling activity without consideration constitutes an indirect transfer of earnings

Selective distribution: reaffirmation of the illegality of an internet sales ban

Condition for membership in a tax consolidated group for the requirements of the Charasse amendment: strict evaluation of the appeals court judge in accordance with the law

Abrupt termination and intuitu personae

French Supreme Court upholds employer's access to employee emails

Compensation for loss of goodwill and unjust enrichment

Focus on the first case law regarding the legal qualification of the hotel management agreement

Whether employees’ refusal to be transferred on a business sale jeopardises capital gains exemption must be assessed on a case-by-case basis

Jurisdiction in online infringement cases: “substantial link” theory confirmed

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