Commercial, business and competition law
Non-competition clauses: specific prohibition and framework regulations
By Yasmine EDDAM30 June 2025The non-competition clause is a well-known contractual mechanism designed to protect a company's interests by limiting the freedom of a former partner, employee or co-contractor, to compete with it. While most practitioners are familiar with the general conditions and limits governing the validity of these clauses, one aspect that is often underestimated is the existence of specific regulations in addition to ordinary law. In certain areas, the legislator has intervened to prohibit these clauses outright or to regulate them very strictly. Navigating between these general and special rules is a complex exercise in which the assistance of a competent competition lawyer can prove decisive. The purpose of this article is to provide details of these derogations, which form an essential part of the analysis of the non-competition obligation in companies. The principle of specific non-competition provisions Before examining the specific cases, it is necessary to...
Taking legal action against an airline: time limits, statute of limitations and competent courts
Commercial, business and competition law, Air transportExperiencing an inconvenience when travelling by air, whether it's a long delay, lost or damaged baggage, or even more serious damage, is often a frustrating experience. Knowing how to react and defend your rights against an airline can seem complex. As well as knowing your...The observation period in insolvency proceedings: an essential guide
Commercial, business and competition law, Companies in difficultyWhen a company encounters serious difficulties, the law provides mechanisms to try to save it or, failing that, to organise its demise under the best possible conditions. At the heart of the safeguard and receivership procedures lies a decisive phase: the observation period. This is a time when...Management of the business during the observation period: roles and powers
Commercial, business and competition law, Companies in difficultyThe opening of a safeguard or receivership procedure marks the start of a delicate phase: the observation period. During this stage, the main objective is to determine whether the company has the necessary capacity to recover while maintaining its activity. The day-to-day running of the business continues, but in the interim...Commercial fraud in France: understanding the risks and defences
Commercial, business and competition law, FraudCommercial transactions, whether between professionals or with consumers, are based on trust and compliance with precise rules. Unfortunately, some companies may be tempted to use unfair practices to gain an illegal advantage. Such actions, known as commercial fraud, expose the perpetrators to legal penalties.Safeguarding and receivership: a guide to understanding the procedures
Commercial, business and competition law, Companies in difficultyFaced with economic or financial difficulties, a company has legal mechanisms at its disposal to try to overcome its problems and ensure its continued existence. Safeguard and receivership are two distinct but often confused collective procedures. Understanding their differences, their objectives and how they work is essential for any company director...Preparing and negotiating an effective safeguard plan
Commercial, business and competition law, Companies in difficultyOpening a safeguard procedure is a decisive step for a company facing difficulties that it is unable to overcome on its own, even if it is not in a state of suspension of payments. Far from being an end in itself, the primary aim of the procedure is to reorganise the company in order to...Content and measures of an adopted safeguard plan
Commercial, business and competition law, Companies in difficultyAdopting a safeguard plan is a decisive step for a company facing difficulties that it is unable to overcome on its own. Far from being a mere formality, this plan is a detailed roadmap, validated by the court, designed to ensure the continuity of the business, the maintenance...Implementing, monitoring and amending the safeguard or recovery plan
Commercial, business and competition law, Companies in difficultyThe adoption of a safeguard or recovery plan by the court marks a decisive step for a company in difficulty. It is the sign that a solution has been found to clear the liabilities while allowing the business to continue. However, the judgment approving the plan is not an end in itself....Financial leasing: a complete guide for businesses
Commercial, business and competition law, Financial leasingFaced with the challenges of financing business equipment, financial leasing is emerging as an attractive solution. This method of financing allows companies to obtain the use of an asset without using up their cash. In particular, it meets the need for equipment that rapidly becomes obsolete, such as office or technical equipment. The growing success...End of finance leases and corporate crisis situations
Commercial, business and competition law, Financial leasingThe end of a finance lease and corporate crisis situations The end of a finance lease deserves special attention. This phase involves complex legal issues, particularly if the lessee is in financial difficulty. The contract may be terminated under normal conditions, at the scheduled end of the term, or...Performance of the finance lease contract and contractual interdependence
Commercial, business and competition law, Financial leasingThe execution of finance leases raises specific practical difficulties. Based on a tripartite structure, it involves various linked contracts. This complexity generates a great deal of litigation, particularly concerning contractual interdependence. The Court of Cassation has developed a body of case law on this point that is now well established. It has a profound influence on the...Conclusion and validity of a finance lease: points to watch out for
Commercial, business and competition law, Financial leasingEntering into a finance lease requires particular care. This technique, favoured by many companies for its positive impact on cash flow, involves significant legal commitments. The contract formalises a triangular relationship between lessee, lessor and supplier. Its validity is based on specific conditions that the lessee, lessor and supplier...Financial leasing: definition and differences from financial leasing
Commercial, business and competition law, Financial leasingFaced with the constant need to renew their business equipment, companies are looking for alternatives to cash purchases. Financial leasing is gradually emerging as an appropriate response to these challenges. Halfway between traditional leasing and financing formulas, it allows companies to use an asset without having to pay for it....Standardisation in French law: an essential legal guide
Commercial, business and competition law, StandardisationStandardisation silently governs our economic environment. This system establishes technical rules to govern products and services. Its legal status, which ranges from voluntary to mandatory, often baffles operators. This essential guide sheds light on its principles, players and legal implications. Fundamental principles of standardisation Standardisation defines the...The French standardisation system: players and operation
Commercial, business and competition law, StandardisationThe French standardisation system is based on a structured organisation combining private and public players. Understanding it is essential for companies faced with the application of standards. This system defines how the technical rules governing many sectors of activity are drawn up, approved and disseminated. AFNOR: a pillar of the...Legal liability linked to technical standards
Commercial, business and competition law, StandardisationTechnical standards occupy an ambiguous position in our legal system. Although they are considered to be voluntary, they have a considerable influence on the responsibilities of economic operators. This duality creates a complex legal framework that companies need to master in order to secure their activities and limit their exposure to risk. Technical standards...Product certification and marking: legal framework and issues
Commercial, business and competition law, StandardisationCertification and marking are essential legal tools for companies in a competitive market. These mechanisms attest to the conformity of a product or service to precise technical requirements. Companies must master this complex legal framework, which influences their access to the market and engages their responsibility. The...Voluntary and mandatory application of standards in French law
Commercial, business and competition law, StandardisationTechnical standards are an essential pillar of our economic and legal environment. They provide a framework for the production of goods and services by establishing recognised technical rules, but their legal status is often misunderstood. Although the voluntary application of standards is a fundamental principle of standardisation law, there are exceptions...Conflicts of laws relating to commercial paper: a practical guide
Commercial, business and competition law, Commercial papersBills of exchange circulate across borders. They expose economic players to a variety of national laws. When a document is drawn in one country, endorsed in another and payable in a third, which law applies? These questions require precise answers. The conflict of laws regime...The dematerialisation of commercial paper: Attractiveness Act 2024
Commercial, business and competition law, Commercial papersThe dematerialisation of commercial paper took a decisive step forward with the Attractiveness Act of 13 June 2024. This legislation revolutionises the law governing bills of exchange by creating electronic transferable securities. This major innovation modernises instruments that are rooted in a centuries-old paper tradition. Companies now have a legally secure solution...
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