Court of Cassation, Commercial Chamber, January 6, 2021, 19-10.238, Unpublished
By a judgment delivered on January 6, 2021, the Court of Cassation recalled a fundamental principle which must be respected during disputes encountered between the partners of a commercial company.
L.721-3 of the Commercial Code provides that the commercial courts hear disputes relating to commercial companies.
The Court of Cassation considered that the Paris Court of Appeal violated the provisions of said article by considering, under the terms of its decision, that the transfer of shares in a commercial company fell within the jurisdiction of the tribunal de grande instance on the grounds that it was an act of a civil nature which had not changed the control of the company concerned (judgment of September 25, 2018, pole 5, chamber 8).
Juliette Sellier
author
associate lawyer
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