CASE COMMENTS: PROCEDURES – EUROPEAN UNION –RIGHTS OF DEFENSE – MASSIVE AND UNDIFFERENTIATED SEIZURE – MAILBOXES

Massive and undifferentiated seizure: The European Court of Human Rights validates once again massive and undifferentiated seizure practices operated on the basis of Article L. 450-4 of the French Commercial Code, considering that in the present case such practices were in conformity with Article 8 of the European Convention of Human Rights (Janssen-Cilag)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The practice of massive and undifferentiated seizures of electronic mail continues to be the subject of much litigation, as shown by this judgment, in which the ECHR found itself examining this practice once again after having done so in its Vinci Construction judgment of 2 April 2015. While this judgment confirms that the seizure of courier services as practised by French investigators is not incompatible with the Convention, it nevertheless contains useful reminders about the office of the judge of appeal, who is responsible for "concrete and effective" control of the conduct of operations, and about the usefulness of the role of lawyers who help to

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  • University of Paris I Panthéon-Sorbonne

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Christophe Lemaire, Massive and undifferentiated seizure: The European Court of Human Rights validates once again massive and undifferentiated seizure practices operated on the basis of Article L. 450-4 of the French Commercial Code, considering that in the present case such practices were in conformity with Article 8 of the European Convention of Human Rights (Janssen-Cilag), 21 March 2017, Concurrences N° 3-2017, Art. N° 84575, pp. 128-129

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