ALERTS: PROCEDURES – RIGHTS OF DEFENCE – INQUIRIES – PRINCIPLE OF PROPORTIONALITY – LEGAL PRIVILEGE

Dawn raids: The French Civil Supreme Court specifies the regime of the conduct of the investigation in case of difficulty due to the seizure of data under legal privilege (provisional and closed seals ; form of the claims by numerical chart – global seizure – Judge’s refusal to move on the premises to control the investigations) (Renault)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In the judgment discussed here, the Court of Cassation clarified and recalled a series of points concerning the regime of home visits. Although they were made in the context of visits and seizures for the purpose of seeking evidence of deception, the solutions are, in our view, transposable to other types of investigations, in particular competition investigations. Facts and procedure. At the end of 2015, pursuant to Article L. 215-18 of the French Consumer Code, in the version applicable at the time of the facts (which article was repealed by an order of 14 March 2016), the Nanterre JLD, seized at the request of the head of the national

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  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Dawn raids: The French Civil Supreme Court specifies the regime of the conduct of the investigation in case of difficulty due to the seizure of data under legal privilege (provisional and closed seals ; form of the claims by numerical chart – global seizure – Judge’s refusal to move on the premises to control the investigations) (Renault), 4 March 2020, Concurrences N° 2-2020, Art. N° 95553, www.concurrences.com

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