CASE COMMENTS: PROCEDURES – FRANCE – CARTELS - DAWN RAIDS – APPEALS – NOTION OF IMPLICATED PARTY

Dawn raids: The French Supreme Court considers that an undertaking is "implicated" in a dawn raid and therefore has a right to an effective appeal, so that the minutes and inventory of the previous dawn raid must be annexed both to the request and to the court order (Whirlpool)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ruling handed down by the Court of Cassation on 13 June 2019 in the Whirlpool case is interesting in several respects. First of all, it recalls the importance of the right to an effective remedy, thus echoing the position expressed a few years ago by the European Court of Human Rights in its Ravon judgment on French access and seizure operations (ECHR, 21 Feb. 2008, Ravon and others v. France, ECHR, 21 Feb. 2008, Ravon and others v. France, ECHR, 21 Feb. 2008, Ravon and others v. France, ECHR, 21 Feb. 2008, Ravon and others v. France, ECHR, 21 Feb. 2008, Ravon and others v. France, ECHR, 21 Feb. 2008, Ravon and others v. France, ECHR, 21 Feb. 2008,

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Authors

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

Quotation

Christophe Lemaire, Adèle Azzi, Dawn raids: The French Supreme Court considers that an undertaking is "implicated" in a dawn raid and therefore has a right to an effective appeal, so that the minutes and inventory of the previous dawn raid must be annexed both to the request and to the court order (Whirlpool), 13 June 2019, Concurrences N° 4-2019, Art. N° 92351, pp. 161-163

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