CASE COMMENTS: REGULATION – PROCEDURE – IMPARTIALITY – PENALTY COMITY

Financial Markets Authority : The Paris Court of Appeal agrees the resumption by the Financial Markets Authority of a procedure annulled on the grounds of an infringement of impartiality principle (Compania Internacional Financiera et Coudree Capital Management)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In a ruling dated 24 March 2016, the Paris Court of Appeal ruled that the Enforcement Committee of the Autorité des Marchés Financiers (AMF) may resume proceedings even though the sanction decision had been overturned for a breach of the principle of impartiality. In this case, two companies were sanctioned for breaches of the provisions of the AMF General Regulation on the settlement and delivery of securities admitted to trading on a regulated market. The sanctions were decided by a decision of 16 February 2012 adopted by the AMF Enforcement Committee. Resumption of the contested proceedings On 24 October 2013, the sanctions were annulled by the

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  • University Paris II Panthéon‑Assas

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Francesco Martucci, Financial Markets Authority : The Paris Court of Appeal agrees the resumption by the Financial Markets Authority of a procedure annulled on the grounds of an infringement of impartiality principle (Compania Internacional Financiera et Coudree Capital Management), 24 March 2016, Concurrences Nº 3-2016, Art. N° 80891, pp. 165-166

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