MY ACCOUNTThe liability of a legal entity derives from that of its governing bodies so that a court of appeal cannot hold that an undertaking was guilty of acts of unfair competition by the intermediary of its director when the undertaking was neither incorporated nor registered at the time and the culpable actions of the person who was not yet the director could not engage its liability.
Cass. com. 17 May 2023, LawLex202300006821JBJ
Sudden termination of established commercial relationship
In the event of a sudden termination of an established commercial relationship, the court may not base its decision on factors arising after notification of the termination, in order to determine the adequate duration of notice.
Cass. com, 17 May 2023, LawLex202300006982JBJ
EU competition proceedings
The General Court dismisses Meta’s action against a Commission demand for disclosure of documents identified through search terms, in the context of the competition investigation into the Facebook group’s use of data and management of its social networking platform.
GC Case T-451/20 Meta Platforms Ireland Ltd v Commission, Judgment of 23 May 2023,
State aid
The General Court of the EU overturns a Commission decision for failing to state adequate reasons, having decided, without further explanation, that the only relevant provision, apart from Articles 107 and 108 TFEU, for examining the compatibility of the measure was Article 8 of the Rome I Regulation to the exclusion of any other rule of EU law.
GC Case T-268/21 Ryanair DAC v Commission, Judgment of 24 May 2023,
Warranty against latent defects
The presence of waste in the subsoil of land sold, covering its entire surface area, which reduces its use to such an extent that the buyer would only have offered a very limited price had he known about it, constitutes latent defects which the seller must cover.
Cass. 3e civ, 11 May 2023, LawLex202300006824JBJ
