Astil 62 (Calais)

Sébastien Charrière

Astil 62 (Calais)
Human Resources manager

Sébastien Charrière is a Human Resources manager at Astil 62. He is specialized in labor law and was a former Ph. D. student and member of the Research Law Center of Boulogne-sur-mer directed by Professor Daniel Fasquelle. After a private Law degree, he obtained a Master of Law and Justice (Legal theory and History of Law). Since 2002, he has been teaching Civil Law as an Assistant and ATER since 2004. He is presently writing a Ph.D. on “Non-compete clause” directed by Professor Daniel Fasquelle.

Articles

73707 Review

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation holds that the amount of the pecuniary counterpart of a non-compete provision cannot depend only on the execution time of the contract and its payment can intervene only after the rupture of the contractual relation (Publications Pierre Johanet)

5487

Cass. soc. 7 March 2007, Mrs. X v. Publications Pierre Johanet, No. 05-45.511 Manuals dealing with the non-competition clause ancillary to an employment contract will henceforth have to make provision, as a matter of urgency, for a substantial part of their development to deal with the (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation holds that a very low pecuniary counterpart amounts to an absence of pecuniary counterpart (M. X c/ Comasud)

6774

Cass. soc. 15 November 2006, M. X v. Société Comasud, No. 04-46.721, published in the bulletin "Cass. soc. 15 November 2006", M. X v. Société Comasud, No. 04-46.721, published in the bulletin Current case law on non-competition clauses once again leads us on the beaten track of the pecuniary (...)

Daniel Fasquelle, Sébastien Charrière Non-competition clause: The Court of Cassation decides that the compensation of the obligor when the clause is illegal is independent from the possibility or the impossibility for the obligor to have a competition job (M. X... c/ sté Panofrance Méditerranée)

5429

Cass. soc., 28 June 2006, M. X... c/ société Panofrance Méditerranée, n° 05-40.990 The Social Chamber of the Court of Cassation clarifies its case law on the question of the possibility of adjusting the conditions of payment of the monetary consideration. On 31 May 2006, the Court of Cassation had (...)

Daniel Fasquelle, Sébastien Charrière Non compete clause: The Court of Cassation declares unvalid a non-compete clause providing absence of pecuniary counterpart in case of dismissal (IPS Atlantique)

5032

Cass. soc., May 31, 2006, Société IPS Atlantique c/ M. X..., No. 04-44.598 Case law on non-competition indemnities, a condition for the validity of non-competition clauses ancillary to an employment contract, remains, again and again, particularly prolific. The present judgment answers the (...)

Daniel Fasquelle, Sébastien Charrière Non-sollicitation clause: The Court of Cassation holds that only the employee can prevail himself of a non-sollicitation clause without a pecuniary counterpart (Union Technologies Informatique/Metaware Technologies)

6000

Cass. com, May 10, 2006, Union Technologies Informatique v. Metaware Technologies, no. 04-10.149 Would companies have found a solution at the cost generated by the non-competition clauses ancillary to an employment contract? This is indeed what this interesting first judgment of the Court of (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation holds that the respect by the employee of an illicit non-compete clause necessarily causes him a damage of which it is up to the judge to appreciate the extent (Prisme -Jouclas Périgord - BCS - Confort Line - Confort Line - Medex Biomédical - BMC Software - Axa - Ahi - Aseca - Orfac)

6602

Compliance by the employee with an unlawful non-competition clause necessarily causes him or her a prejudice, the extent of which is to be assessed by the court. Cass. soc., 11 January 2006, Ms. X v. Prisme, No. 03-46.933 Cass. soc. 15 February 2006, Ms X v. Distrel, No. 03-47.941 Cass. soc. (...)

Daniel Fasquelle, Sébastien Charrière Non-compete clause: The Court of Cassation decides that a separate non-compete clause may not create any obligation to pay a financial compensation (Neda)

4922

Cass. soc., November 30, 2005, Mr. X... c/ Sté Neda, n° 04-41.709 The judgments of the Social Chamber of the Court of Cassation have often been a source of inspiration for extending the solutions devised for the employment contract to other contracts (on the need for a legitimate interest see, (...)

Daniel Fasquelle, Sébastien Charrière Non compete: The Court of Cassation imposes compensation for compliance to an illicit non-compete clause (La Fiduciaire d’Armor, Société Eismann)

5290

Cass. soc., October 12, 2005, Mr. X... c/ Sté La Fiduciaire d’Armor, n° 03-46.752 Cass. soc., October 19, 2005, Mr. X... c/ Sté Eismann, n° 04-40.803 The case law on the establishment of consideration as a condition for the validity of any non-competition clause inserted in an employment contract (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of cassation applies new case law on nullity of non-compete clause for lack of financial counterpart applies to current situations (AXA Conseil ; 4M Promotion ; TMT France ; France Arno)

6209

Cass. soc., 27 September 2005, company France Arno v. Mrs. X..., No. 03-45.753 Cass. soc. 28 June 2005, TMT France c/M. X..., No. 03-45.342 Cass. soc., March 30, 2005, société AXA conseil c/ M. X..., n° 03-41.911 Cass. soc. 30 March 2005, 4M Promotion c/M. X..., No. 02-46.114 The warnings and (...)

Daniel Fasquelle, Sébastien Charrière Time application of courts decisions : The president of the Court of Cassation receives a report which takes position in favour of a selective application in time of French courts decision with reference to ECJ case law

5176

Report of 30 November 2004 submitted by the working group chaired by Professor N. Molfessis to the First President of the Court of Cassation on reversals of case law As the First President of the Court of Cassation, Guy Canivet, put it very well recently, "reversals of case law create an (...)

Daniel Fasquelle, Sébastien Charrière Non-Compete Clause: The Court of Cassation considers that the amount of the non-compete compensation is not a criteria for assessing the validity of the non-compete provision (CGRP)

6048

Cass. com, September 21, 2004, Mr. X v. CGRP, No. 00-18.265. The question of proportionality in the area of non-competition clauses has become increasingly important in recent years in the case law of the Court of Cassation. The latter now requires that, in order to be valid, a non-competition (...)

Daniel Fasquelle, Laurent Roberval, Sébastien Charrière Break of established relationships: The French Court of Cassation considers that the judge must take into account the existence of alternative commercial solution for the distributor (Auchan)

5690

Cass. com, May 12, 2004, Sté ABCG participation c/ Sté Auchan France, n° 01-12.865 In order to assess the brutal nature of the termination of a commercial relationship within the meaning of Article L 442-6, I, 5°, must the courts take into account the state of dependence of the ousted contracting (...)

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