CASE COMMENTS: PROCEDURES – FRANCE – INVESTIGATIVE POWERS – REQUEST FOR INFORMATION – EFFECTIVE JURIDICAL PROTECTION

Investigative powers: The French Supreme Court considers that the investigative measures taken on the basis of Article L. 450-3 of the French Commercial Code must not be the subject of an independent judicial remedy and refuses to refer preliminary questions in that regard (Brenntag)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The question of the legality of the provisions of article L. 450-3 C. com. continues to be debated. Following the decision of the Constitutional Council of 8 July 2016 declaring paragraph 4 of Article L 450-3 of the Commercial Code to be in conformity with the Constitution, (V. not. G. Decocq, Contracts, Competition, Consumer Affairs, No. 10, Oct. 2016, comm. 221; C. Lemaire and S. Chikh, Concurrences), it was the turn of the Court of Cassation to rule, this time in the context of a review of conventionality. In two rulings dated 26 April 2017, the Court of Cassation will rule that the absence of an independent remedy against measures taken in the

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  • University of Paris I Panthéon-Sorbonne

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Christophe Lemaire, Investigative powers: The French Supreme Court considers that the investigative measures taken on the basis of Article L. 450-3 of the French Commercial Code must not be the subject of an independent judicial remedy and refuses to refer preliminary questions in that regard (Brenntag), 26 April 2017, Concurrences N° 3-2017, Art. N° 84591, pp. 135-137

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