Commercial, business and competition law
Overseas commercial law: judicial organisation and specific features of mixed commercial courts
By Raphaël MORENON3 September 2025Commercial law in overseas France is unique. Find out about the Mixed Commercial Courts and the laws specific to each DOM-COM territory to help you manage your business more effectively.
Oral versus written proceedings in commercial court: what are the practical consequences?
Commercial, business and competition law, Commercial courtFor a long time, proceedings before the Commercial Court were essentially oral. This characteristic, which was intended to guarantee simplicity and speed, was one of the special features of this court. However, over the years and with successive reforms, the written word has gradually gained ground, to the point of profoundly transforming the...Declaration and verification of claims during the observation period
Commercial, business and competition law, Companies in difficultyThe opening of collective proceedings (safeguard, receivership or compulsory liquidation) triggers a series of mechanisms designed to organise the handling of the debtor company's difficulties. At the heart of these mechanisms is the management of past liabilities, i.e. debts incurred prior to the opening judgment. The declaration of debts represents a...Current contracts during the observation period
Commercial, business and competition law, Companies in difficultyThe opening of a safeguard or receivership procedure places the company in a delicate situation, marked by the need to continue its business while dealing with its financial difficulties. The observation period, a genuine diagnostic and restructuring phase, raises a fundamental question for the company's survival...The legal framework for advertising in France: protecting your communications
Commercial, business and competition law, Comparative advertisingAdvertising is an essential driver of economic activity, enabling companies to publicise their products and services. However, this freedom of commercial expression is not absolute. French law strictly regulates advertising practices to ensure fair information and protect consumers from abuse. Navigate this...Misleading advertising: definition, constituent elements and penalties
Commercial, business and competition law, Comparative advertisingIn a competitive commercial environment, advertising is an essential tool for companies wishing to promote their products or services. However, this communication must comply with strict rules to ensure that consumers are provided with fair and transparent information. The line between an advantageous presentation and a misleading claim can sometimes be...Comparative advertising: conditions of validity and pitfalls to avoid
Commercial, business and competition law, Comparative advertisingComparative advertising is a powerful marketing communication tool, attracting interest from advertisers and suspicion from competitors alike. By comparing the characteristics or prices of goods or services with those of a rival company, comparative advertising can help consumers to make the right choice, but it can also lead to practices that are...Air passenger rights: understanding your rights of recourse and airline liability
Commercial, business and competition law, Air transportAir travel, while making our journeys easier, can sometimes be a source of inconvenience: delays, cancellations, baggage problems or, more rarely, incidents resulting in personal injury. Fortunately, passengers are not helpless. A body of international and European rules governs the liability of airlines and defines...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....
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