CASE COMMENT: RESTRICTIVE PRACTICES - TIME APPLICATION OF COURTS DECISIONS

Time application of courts decisions : The president of the Court of Cassation receives a report which takes position in favour of a selective application in time of French courts decision with reference to ECJ case law

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Report of 30 November 2004 submitted by the working group chaired by Professor N. Molfessis to the First President of the Court of Cassation on reversals of case law As the First President of the Court of Cassation, Guy Canivet, put it very well recently, "reversals of case law create an imbalance for the party that succumbs by virtue of new case law that it could not have known at the time of the facts and a mass imbalance for all situations affected by the new rule of case law. The reversal of case law thus has the

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Daniel Fasquelle, Sébastien Charrière, Time application of courts decisions : The president of the Court of Cassation receives a report which takes position in favour of a selective application in time of French courts decision with reference to ECJ case law, 30 November 2004, Concurrences N° 1-2005, Art. N° 1545, pp. 77-78

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