Judge’s decision on the appointment of an expert: reversal and clarification of the case law
In cases where the law refers to article 1843-4 of the Civil Code to set the price conditions for the transfer of a partner’s corporate rights, the president of the court hearing a dispute may decide to appoint an expert to determine the value of the corporate rights transferred.
Such an expert may also be appointed by the president of the court when the articles of association provide for the transfer but the value of the transferred corporate rights is neither determined nor determinable.
Under article 1843-4, the president’s decision is “without appeal”.
The Cour de cassation has long considered that this absence of appeal applies to decisions appointing an expert as well as to those refusing to do so. It allowed for a derogation from this principle only in the case of excess of power committed by the judge.
On May 25, 2010, the Commercial Chamber of the Cour de cassation distinguished for the first time between the refusal and the acceptance of the judge to appoint an expert.
In two noteworthy decisions, it (i) reversed the case law on the possibility of appealing against a judge’s decision refusing to appoint an expert, and (ii) clarified the limits of the judge’s power to accept the appointment of an expert.
Russian Counter Measures. Recent Developments
On 23 August, the Russian Ministry of Finance partially lifted a ban for the payment of dividends to foreign shareholders in case such shareholders have invested in the Russian economy. On 8 August, the Russian President suspended certain provisions of double tax treaties. Suspended provisions include tax regime for dividends, real estate, business profit, etc […]
Moscow Desk
Sanctions Against Russia. Recent Developments
On 23 June 2023, the EU introduced 11th package of sanctions. It primarily focuses on measures that would prevent circumvention of sanctions. It also includes new import and export restrictions and individual designations. Switzerland has joined European Union in sanctions targeting entities and individuals and may join other sanctions within the 11th package in August. […]
Moscow Desk
Newsletter – Tax law
Read the Jeantet Newsletter dedicated to Tax Law, covering issues related to : Transactional taxation Group taxation International Taxation Taxation of LBO transactions Non-profit organizations For more information, please download the Newsletter.
Paris | TAX
Russian Counter Measures
On 25 April 2023 Russian President issued a decree establishing cases authorizing him to introduce the regime of external management of certain assets owned by foreign residents. Namely, under the decree, the President may establish the regime of external management, if Russia, or its entities and individuals become deprived or risk of being deprived of […]
Moscow Desk
Russian counter measures and measures aimed at business support. Recent developments
Special regime for transactions involving securities On 3 March 2023 Russian President issued Decree No. 138 establishing additional measures involving securities. Namely, the new Decree establishes a specific procedure for transactions / operations involving: shares of Russian joint-stock companies, sovereign bonds, bonds of a Russian issuer, held in collective safe custody of a Russian depository, […]
Moscow Desk
Sanctions against Russia. Recent developments (2 march 2023 update)
By the end of February, the EU, US and UK announced new rounds of sanctions, all of them including restrictions targeting prominent Russian financial institutions The EU package includes individual listings of Russian entities and individuals and additional exports restrictions. The US sanctions provide for sectoral sanctions targeting Russian mining and metals sector, as well […]
Moscow Desk
Russian counter measures. Recent developments ( 12 january 2023 update)
Governmental Commission on Foreign Investments revised rules on the sale of assets and the payment of dividends On 30 December 2022, Russian Governmental Subcommission of the Commission of the Ministry of Finance on Foreign Investments (the – Commission) published revised rules and criteria for authorization of the sale of assets in Russian companies involving persons […]
Moscow Desk
Sanctions against Russia. Recent Developments (21 December 2022 update)
This December, the EU introduced a series of restrictive measures targeting Russia. Council of the EU approved the ninth package of sanctions. Additionally, the European Commission proposed framework that would amend the Lisbon Treaty and harmonize criminalization of violation of sanctions at the level of the Union. Finally, the EU introduced a price cap for […]
Moscow Desk
Russian counter measures. Recent developments (21 December 2022 update)
Russia has adopted a series of new measures. Namely, the President introduced new restrictions concerning certain transactions involving credit organizations and joint-stock companies that are not credit organizations. The Russian Central Bank issued decision expanding the scope of application of type C accounts. Moreover, the Ministry of Finance issued clarifications on the scope of transactions […]
Moscow Desk
Legal Alert: The submission to derogation of protected species: the Council of State finally pronounces itself
In an opinion n°463563 issued on December 9, 2022, the Conseil d’Etat finally provided an answer to the questions raised by the Administrative Court of Appeal of Douai in its decision n°20DA01392 of April 27, 2022 >> download the article
Paris | ENERGY AND NATURAL RESOURCES LAW | PUBLIC LAW – PUBLIC CONTRACTS | ENVIRONMENT
Sanctions against Russia : recent developments (18 October updates)
EU Adopts New Package of Sanctions Targeting Russia On 6 October 2022 Council of the European Union adopted an eighth package of sanctions targeting Russia following the recent actions attempted by the Russian Government as part of the special military operation in Ukraine. Besides the extension of the personal sanctions list, EU introduced the following […]
Russian counter measures. Recent developments (29 september 2022 update)
Procedure for the Approval of Transactions with Shares in a Russian LLC Adopted On 19 September 2022 Russian Government introduced amendments establishing a procedure for approval of transactions involving shares in Russian limited liability companies. Such transactions are considered as controlled operations and are to be approved by the Governmental Commission for the Control of […]
Moscow Desk