CASE COMMENTS: PROCEDURES - SEARCH AND SEIZURE OPERATIONS – DOCUMENTS UNRELATED TO THE INVESTIGATION – LEGAL PROFESSIONAL PRIVILEGE

Investigation : The European Court of Human Rights requires a practical and effective judicial review on proportionality regarding the seizure of documents unrelated to the investigation or protected by legal professional privilege (Vinci Construction, GTM Génie, Services Civil)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECtHR, 2 April 2015, Vinci Construction and GTM Génie et Services Civil v. France, aff. nos. 63629/10 and 60567/10 In this case, the two applicant companies had been visited and seized by the DGCCRF in 2007. On that occasion, numerous documents and computer files, including the e-mail files of some employees, were seized. Intervened under the aegis of article L. 450-4 c. com. in its former version, the conduct of these operations was then challenged before the liberty and detention judge (JLD), who authorized them. At the end of the domestic proceedings and following the rejection of their appeals by the Court of Cassation, the applicants had brought

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Alexandre Lacresse, Investigation : The European Court of Human Rights requires a practical and effective judicial review on proportionality regarding the seizure of documents unrelated to the investigation or protected by legal professional privilege (Vinci Construction, GTM Génie, Services Civil), 2 April 2015, Concurrences N° 2-2015, Art. N° 73121, pp. 151-153

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