CASE COMMENTS : PROCEDURE – FINANCIAL SANCTIONS – APPLICATION FOR SUSPENSION OF OPERATION – COMPANIES IN DIFFICULTY – ARTICLE L. 464-8 OF THE FRENCH COMMERCIAL CODE

Application for suspension of operation: The Paris Court of Appeal dismisses an application for the suspension of the payment of the fine in the flour case and reverses its precedent on the assessment of the economic difficulties of the companies concerned (Grands Moulins de Strasbourg)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CA Paris, ch. 5-7, 13 November 2012, Grands Moulins de Strasbourg The economic crisis we are going through is leading, both at European and national level, to interesting discussions on how to take these difficulties into account when calculating the fine (the problem of contributory capacity, also known as "inability to pay") and subsequently when the fine is paid. One of the questions currently being discussed at national level is whether the manifestly excessive consequences of the payment of the fine should be analysed at the level of the sanctioned entity alone or whether, on the contrary, account should be taken of the group to which that entity

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Application for suspension of operation: The Paris Court of Appeal dismisses an application for the suspension of the payment of the fine in the flour case and reverses its precedent on the assessment of the economic difficulties of the companies concerned (Grands Moulins de Strasbourg) , 13 November 2012, Concurrences N° 1-2013, Art. N° 50734, pp. 183-185

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