ALERTS: PROCEDURES - FRANCE – DAWN RAIDS - LAWYER-CLIENT CORRESPONDENCE - RIGHTS OF DEFENCE

Dawn raids: The Criminal Chamber of the French Supreme Court provides some clarifications on the conduct of dawn raids and specifies that the exemption from seizure of lawyer-client correspondence is not limited to exchanges related to the present competition case, but extends to all correspondence exchanged between a lawyer and his client and related to the exercise of the rights of defence (EDF, Dalkia)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. It is recalled that by judgment of 25 November 2020 With regard to the conduct of visiting and seizure operations, the Criminal Chamber of the Court of Cassation had confirmed the principle that, if lawyer-client correspondence could not be seized in the context of visiting operations, it was on the express condition that such correspondence concerned the exercise of the rights of the defence. But what exercise of the rights of the defence are we talking about? Is it the one related to the competition case at the origin of the OVS or does it extend to all the correspondence exchanged between a lawyer and his client and related to the exercise of the rights

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Dawn raids: The Criminal Chamber of the French Supreme Court provides some clarifications on the conduct of dawn raids and specifies that the exemption from seizure of lawyer-client correspondence is not limited to exchanges related to the present competition case, but extends to all correspondence exchanged between a lawyer and his client and related to the exercise of the rights of defence (EDF, Dalkia), 20 January 2021, Concurrences N° 2-2021, Art. N° 99193, www.concurrences.com

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