ALERTS: DISTRIBUTION - INQUIRIES - RIGHTS OF DEFENSE - EFFECTIVE JUDICIAL PROTECTION

Dawn raids: The French Civil Supreme Court specifies the regime for the notification of documents during a dawn raid performed to a third person implicated and involved in an incidental dawn raid (Whirlpool)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The rights of defence from the point of view of equality of arms and the right to an effective remedy have recently been abused in the context of an appeal procedure against the conduct of an incidental home visit, but the Court of Cassation has just restored them in a ruling of 13 June last. The Context In the reported case, a company had been the subject of a "heavy" investigation, on the basis of Article L. 450-4 of the French Commercial Code, following an order from the Paris JLD dated May 24, 2014 authorizing visits and seizures on its premises, at the request of the ADLC. The ADLC's request was in line with the execution of previous visits and

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  • Jean-Michel Vertut - Avocat (Montpellier)

Quotation

Jean-Michel Vertut, Dawn raids: The French Civil Supreme Court specifies the regime for the notification of documents during a dawn raid performed to a third person implicated and involved in an incidental dawn raid (Whirlpool), 13 June 2019, Concurrences N° 3-2019, Art. N° 91880, www.concurrences.com

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