Court of Cassation, Commercial Chamber, January 6, 2021, 19-10.238, Unpublished
In a ruling issued on January 6, 2021, the Court of Cassation reiterated a fundamental principle that must be respected in disputes between partners of a commercial company.
Article L.721-3 of the Commercial Code provides that commercial courts have jurisdiction over disputes relating to commercial companies.
The Court of Cassation held that the Paris Court of Appeal violated the provisions of said article by considering in its decision that the transfer of shares of a commercial company fell within the jurisdiction of the High Court on the grounds that it was an act of a civil nature which had not modified the control of the company concerned (judgment of September 25, 2018, division 5, chamber 8).
Juliette Sellier
author
associate lawyer
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