CASE COMMENTS: PROCEDURES - LEGAL PRIVILEGE - SEARCH ANS SEIZURE - CLIENT/ATTORNEY PRIVILEGE - GLOBAL SEIZURE OF ELECTRONIC MESSAGES - NULLITY OF SEIZURE FOR MESSAGES COVERED BY CLIENT/ATTORNEY PRIVILEGE
Client/Attorney privilege: The criminal chamber of the French Suprem Court starts criticizing the contestable global seizure of electronic messages and affirms that the power of persons conducting enquiries to seize electronic messages is limited by the rights of defense that include the respect of the client/attorney privilege, the violation of which cannot be compensated by the simple restitution of the seized documents (Medtronic/Saint Gobain)
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Criminal Code, April 24, 2013, 12-80.332, Alain X case.
Cass. crim. 24 April 2013, 12-80.334, aff. Medtronic France
Cass. crim. 24 April 2013, 12-80.335, Saint Gobain case.
Criminal Code, April 24, 2013, 12-80.336, aff. National Union of Manufactured Mineral Wool Insulation Manufacturers' Union
Cass. crim. 24 April 2013, 12-80.346, aff. Biotronik France
On April 24, 2013, the Criminal Chamber of the Court of Cassation handed down six rulings concerning the regularity of the inspections and seizures carried out by the Competition Authority, with a view to seeking evidence of anti-competitive practices, apparently on the occasion of three separate
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