All of French Company Law: ordinary law of companies and specific regime for different types of companies

Company Law (en cours)

While before its registration, the company can neither initiate legal action nor file an appeal , it is able, from the completion of this formality, and unless the law or the statutes provide otherwise, to exercise all the prerogatives attached to its status as a legal entity, notably the right to take legal action .
The initiation of proceedings by a party lacking legal personality constitutes a  …

Right to bring proceedings

While before its registration, the company can neither initiate legal action nor file an appeal , it is able, from the completion of this formality, and unless the law or the statutes provide otherwise, to exercise all the prerogatives attached to its status as a legal entity, notably the right to take legal action .

The initiation of proceedings by a party lacking legal personality constitutes a substantive irregularity . Unlike the Commercial Chamber and the Second Civil Chamber of the Court of Cassation, which consider that this irregularity cannot be remedied , the Third Civil Chamber admits that the registration of the company before the court rules covers the invalidity .

The nature of compensable damages is debated. While the civil chambers of the Court of Cassation consider that certain damages, such as stress  or invasion of privacy , can only be suffered by a natural person, the Criminal Chamber holds that the moral damage a legal entity can claim is not limited to harm to its reputation or image, but may result from the “impact” caused by the risk of disclosure of its data and the threat of revealing particularly sensitive and confidential information to its clients .

Cass. com., 7 June 1994, LawLex202200004015JBJ, considering that the appeal of a joint stock company in the process of formation, which does not enjoy legal personality, is inadmissible due to the lack of legal standing of the company, even if the judgment under appeal was rendered at the end of a procedure in which it was a party.

Cass. com., 21 October 2014, LawLex202100004389JBJ, considering that a company registered and endowed with legal personality has the standing and interest to initiate legal action to declare a claim resulting from the sale price of shares.

Cass. 3e civ., 22 March 1995, LawLex202200004010JBJ.

Cass. com., 30 November 1999, LawLex202200003619JBJ; 14 June 2000, LawLex202200003620JBJ, specifying that the invalidity of a summons issued by a non-existent legal entity due to its lack of registration cannot be remedied by its subsequent ratification by the general meeting of associates; Cass. 2e civ., 11 September 2003, LawLex202200003622JBJ.

Cass. 3e civ., 9 October 1996, LawLex202200004018JBJ.

Cass. com., 27 January 2021, LawLex202200011464JBJ.

Cass. 1re civ., 17 March 2016, LawLex202200011463JBJ.

Cass. crim., 8 June 2022, LawLex202300002337JBJ.

Company Law (en cours)

46. Right to bring proceedings

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

46. Right to bring proceedings

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise