*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, February 14, 2012, Cemex bétons Sud-Est e.a., n° 11-11750 and 11-13130, "ready-mixed concrete sector in the Provence-Alpes-Côte-d'Azur region". Decidedly the old case of Ready-mixed Concrete never ends! Once again the Court of Cassation censors a judgment of the Court of Appeal in this case (which is no less than the fourth judgment of cassation handed down in this case) and refers the case back to the Court of Appeal otherwise composed... This time censorship is incurred - as was foreseeable (see on a criticism of the CA Parisjudgment, ch 5-7, 27 January 2011, Cemex Bétons Sud-Est S.A.S. and others, Concurrences n° 2-2011, obs. C. Lemaire and S.
CASE COMMENTS : PROCEDURES – SEARCH AND SEIZURE OPERATIONS – APPEAL AGAINST THE DECISION AUTHORISING THE INSPECTIONS – ARTICLE 6 ECHR – RIGHT TO AN EFFECTIVE REMEDY – REASONABLE TIME – CONSTRUCTION
Search and seizure operations: The Court of Cassation annuls the judgement of the Paris Court of Appeals which found a gap of 15 years between the inspections and the exercise of the appeal to be compatible with the ECHR (Cemex bétons Sud-Est)
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.