CASE COMMENTS: PROCEDURES – FRANCE – DAWN RAIDS – RIGHTS OF DEFENCE – REFERRALS OF INCIDENTS TO THE JUDGE BY THE RAIDED COMPANY

Rights of defence: The French Supreme Court rules that the company subject to a dawn raid does not have the right to refer incidents directly to the competent judge during inspections but only to request its intervention through police officers (ITM Alimentaire International)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In two rulings dated 28 June 2017, the Criminal Chamber of the Court of Cassation set strict limits on the possibility for companies that have been searched to obtain, during the visit and seizure operations, an intervention by the Judge of Liberties and Detention ("JLD") under whose authority they take place, reaffirming that these companies do not have the right to contact the JLD directly, but only to request his intervention from the judicial police officer, who is free to take action. Facts and procedure The searches carried out by DGCCRF agents on 22 and 23 July 2014 on the premises of ITM International Food ("ITM") on the basis of an order of the

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Rights of defence: The French Supreme Court rules that the company subject to a dawn raid does not have the right to refer incidents directly to the competent judge during inspections but only to request its intervention through police officers (ITM Alimentaire International), 28 June 2017, Concurrences N° 4-2017, Art. N° 85188, pp. 154-158

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