CASE COMMENTS: PROCEDURES – FRANCE – DAWN RAIDS – PRESENCE OF A LAWYER – RIGHT OF DEFENCE – ARTICLE L.450-4 OF THE FRENCH COMMERCIAL CODE

Right of defence: The Paris Court of Appeal declares an inspection decision void because of the impossibility for the company to request the immediate and effective assistance of a lawyer (Darty and Fils)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This order is in line with a series of previous decisions confirming the importance of the role of counsel in access and seizure operations from the outset. Following a lengthy procedure and in the context of a referral after cassation, the Paris Court of Appeal, in its order of March 3, 2018, sanctions the Competition Authority for having prohibited the company Darty from seeking the assistance of a lawyer before the end of the sealing of a visit and seizure operation. Back to the procedure At the origin of this case, the Judge of freedoms and detention of the Bobigny District Court adopted several orders on October 9, 2013 allowing the Competition

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Authors

  • Ashurst (Paris)
  • University of Paris I Panthéon-Sorbonne

Quotation

Julie Bousin, Christophe Lemaire, Right of defence: The Paris Court of Appeal declares an inspection decision void because of the impossibility for the company to request the immediate and effective assistance of a lawyer (Darty and Fils), 28 March 2018, Concurrences N° 3-2018, Art. N° 87808, pp. 167-169

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