CASE COMMENT : FRENCH PROCEDURE - CRIMINAL OFFENCE - ARTICLE L. 420-6 COMMERCIAL CODE - PRESCRIPTION

Antitrust criminal proceedings: The Court of Cassation adopts a variable approach with regards to prescription on the basis of Art. L 420-6 C. com. (SNF c/Cytec Industries)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Homicide, February 20, 2008, X... Michel and others, n° 02-82.676 and 07-82.110, "Lycées d'Ile de France". – Criminal Case, 19 March 2008, SNF v. Cytec Industries BV, No. 07-80.473. Article L. 420-6 of the French Commercial Code is still a cause for concern (see M.-P. and Cl. Lucas de Leyssac, L'inquiétant art. L. 420-6 du Code de commerce, Mélanges dédiés à B. Bouloc, Dalloz, 2007, p. 675). Although it is little applied, its implementation still raises interesting questions, as shown by the two recent rulings of the Court of Cassation. Here, we are only interested in the issue of limitation periods to note that the Court of Cassation applies them differently

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  • University of Paris I Panthéon-Sorbonne

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Christophe Lemaire, Antitrust criminal proceedings: The Court of Cassation adopts a variable approach with regards to prescription on the basis of Art. L 420-6 C. com. (SNF c/Cytec Industries), 19 March 2008, Concurrences N° 3-2008, Art. N° 20148, pp. 136-137

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