CASE COMMENTS : PROCEDURES – SEARCH AND SEIZURE – IMPLEMENTATION – SEIZURE OF ELECTRONIC FILES – INDIVISIBLE – EXPERT REPORT – MINUTES – INVENTORIES

Seizure of electronic files: The Court of Cassation rejects a request of expert report regarding the seizure of electronic files ordered by the first President of the Court of Appeal of Paris (General Rapporteur of the French NCA/Order of the first President of the Cour of Appeal of Paris)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. crim, 16 June 2011, Rapporteur General of the Competition Authority v/ Order of the First President of the Paris Court of Appeal, No. 11-80345 Decidedly, it does not seem obvious in France to make things move in terms of computer seizures if we judge by the ruling handed down by the Criminal Division of the Court of Cassation on 16 June 2011. Ruling under an emergency procedure allowing for the immediate examination of an appeal, the Court in fact annulled in all its provisions an order of the First President of the Paris Court of Appeal dated January 4, 2011 having ordered an expert appraisal to analyze the technical feasibility of a selective

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Seizure of electronic files: The Court of Cassation rejects a request of expert report regarding the seizure of electronic files ordered by the first President of the Court of Appeal of Paris (General Rapporteur of the French NCA/Order of the first President of the Cour of Appeal of Paris), 16 June 2011, Concurrences N° 3-2011, Art. N° 38094, pp. 187-188

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