CASE COMMENTS : PROCEDURES – LME ACT – ORDINANCE OF 13 NOVEMBER 2008 – APPEALS AGAINST ORDINANCES AUTHORISING SEARCH AND SEIZURE OPERATIONS – TRANSITORY REGIME – ARTICLE 6 ECHR – RIGHT TO AN EFFECTIVE REMEDY/FAIR TRIAL – REASONABLE TIME

Right to an effective remedy/Fair trial – Reasonable time: The Paris Court of Appeal approves the legality of the appeal exercised against a decision authorising search and seizure operations in application of the transitory regime introduced by the ordinance of 13 November 2008, in spite of the recent case law of the ECHR (Cemex Bétons Sud-Est, Ready-mixed concrete in Provence-Alpes-Côte-d’Azur)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. on remand after cassation, against Cons. conc. 97-D-39 of 17 June 1997 on practices implemented by various undertakings in the ready-mixed concrete sector in the Provence-Alpes-Côte d'Azur region In the most recent part of the Ready-mixed Concrete case in the PACA region, which has already given rise to no less than three rulings by the French Supreme Court, the Paris Court of Appeal had the opportunity to rule on the transitional mechanism set up byOrder No. 2008-1161 of 13 November 2008. to allow companies to challenge decisions to authorise inspection and seizure operations prior to its entry into force. This judgment was awaited as it came a few weeks

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Right to an effective remedy/Fair trial – Reasonable time: The Paris Court of Appeal approves the legality of the appeal exercised against a decision authorising search and seizure operations in application of the transitory regime introduced by the ordinance of 13 November 2008, in spite of the recent case law of the ECHR (Cemex Bétons Sud-Est, Ready-mixed concrete in Provence-Alpes-Côte-d’Azur), 27 January 2011, Concurrences N° 2-2011, Art. N° 36275, pp. 191-193

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