CASE COMMENTS: PROCEDURES - INVESTIGATIONS - SANCTIONS - NECESSITY OF OFFENCES AND PENALTIES

Sanctions: The French Constitutional Council declares unconstitutional the provisions of the second subparagraph of paragraph V of Article L. 464-2 C. com. sanctioning practices of obstruction to the investigation or inquiry (Brenntag, Akka technologies)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Seized by the Court of Cassation of a priority question of constitutionality ["QPC"] formulated by the Akka group, the Constitutional Council adopted on March 26, 2021, a decision under the terms of which it declares Article L. 464-2, paragraph V, subparagraph 2 C. com., in its wording resulting from Ordinance No. 2017-303 of March 9, 2017, not in conformity with the Constitution insofar as it disregards the principle of necessity and proportionality of penalties. The context of the referral to the Constitutional Council For the record, Article L. 464-2, paragraph V, subparagraph 2 of the French Commercial Code provides that: "When an undertaking has

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Authors

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

Quotation

Christophe Lemaire, Marie Florent, Sanctions: The French Constitutional Council declares unconstitutional the provisions of the second subparagraph of paragraph V of Article L. 464-2 C. com. sanctioning practices of obstruction to the investigation or inquiry (Brenntag, Akka technologies), 26 March 2021, Concurrences N° 2-2021, Art. N° 100569, pp. 151-153

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