CASE COMMENTS: PROCEDURES – FRANCE – RIGHTS OF DEFENSE – DAWN RAIDS – COMMUNICATION WITH A LAWYER

Dawn raids: The French Supreme Court holds that the company subject to a dawn raid may contact a lawyer upon notification of the order authorising the dawn raids and that there is no need to wait for the sealing to end or to prove a grievance (Samsung ; Darty)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The rights of the defence do not wait. Their absolute nature was reaffirmed in a decision of 4 May 2017, in which the Criminal Division of the Court of Cassation recalled that a company that is the subject of a visit and seizure operation must be able to exercise its rights of defence from the start of the investigation procedure. It follows in particular that the Competition Authority's services cannot prohibit the visited undertaking from communicating with a lawyer until the sealing of the premises has been completed. Back to the procedure By an order of 9 October 2013, the Judge of Liberties and Detention authorized the Competition Authority to visit

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Christophe Lemaire, Dawn raids: The French Supreme Court holds that the company subject to a dawn raid may contact a lawyer upon notification of the order authorising the dawn raids and that there is no need to wait for the sealing to end or to prove a grievance (Samsung ; Darty), 4 May 2017, Concurrences N° 3-2017, Art. N° 84593, pp. 138-139

Visites 306

All reviews