Road Traffic Lawyer

Refusal to yield, driving without a license, traffic accident, drinking and driving, drug driving, speeding, hit and run, driving despite a suspended license, manslaughter … You are prosecuted for one of the following traffic offences? With its lawyers specialized in road traffic law, the Goldwin firm is able to defend your interests.

Types of traffic violations
Contraventions

The Highway Traffic Act provides for different levels of offences. In fact, some offences are only a ticket while others are a misdemeanor.

As far as fines are concerned, they are divided into 5 classes. 1st, 2nd, 3rd and 4th class offenses can be subject to a point deduction and a fixed fine. As for 5th class offences, they can also be subject to an additional penalty and a criminal fine.

For example, unauthorized parking is a 1st class fine. Using a telephone while driving or failing to use your turn signals is a 2nd class fine.

The speeding tickets depend on the number of km/h that were exceeded. If the speeding is less than 20km/h, the ticket is class 3. On the other hand, if the speeding is over 50km/h, the ticket will be class 4.

The offences

Several offences are provided for in the Highway Code.

Driving without a license:

The offence of driving without a license is provided for in article L221-2 of the highway code. This offence concerns people who have never been in possession of a driving license.

If you are prosecuted for not having a driver’s license, you risk 1 year in prison and a 15,000 euro fine.

Driving under alcohol :

Article L234-1 of the Highway Code “I.- Even in the absence of any sign of obvious drunkenness, the fact of driving a vehicle under the influence of alcohol characterized by a concentration of alcohol in the blood equal to or greater than 0.80 grams per liter or by a concentration of alcohol in the exhaled air equal to or greater than 0.40 milligrams per liter is punishable by two years’ imprisonment and a fine of 4,500 euros.”

Driving under the influence of drugs:

Following a police stop, you have taken a salivary test that turned out to be positive?

The lawyers at Goldwin Law Firm are competent to assist and represent you in a possible hearing. A traffic lawyer will be able to obtain the most appropriate and favorable penalty for his client.

The penalty for driving under the influence of drugs is set out in article L235-1 of the Highway Code. This one foresees a fine of 4.500 euros as well as 2 years of imprisonment.

CAUTION: Cannabis can be detected up to several weeks after its consumption.

Refusal to obey :

The refusal to obey foreseen in the article L233-1 of the highway code refers to the fact of not accepting a police control. The fact of not stopping when a police or gendarmerie officer orders you to do so is similar to a refusal to obey. One of the conditions to characterize the refusal to obey is the visible recognition of the police officer or gendarmerie. Indeed, if the driver could have expressed a reasonable doubt on the quality of the principal, the refusal to comply can be questioned. It is essential to ensure that the refusal to stop was intentional. What is important in order to report a refusal to stop is the driver’s intent to evade a police stop.

This offence can be punished by a fine of 15.000 euros and 2 years of imprisonment.

The role of the traffic lawyer is to make sure that there are no procedural defects and that the conditions to characterize the offence are met.

Driving in spite of the cancellation or suspension of the driver’s license:

This offence is to be distinguished from the offence of driving without a license. Indeed, while driving without a license implies that the person has never been in possession of a driver’s license, driving in spite of cancellation or suspension means that the driver has already held a driver’s license.

Article L224-16 of the Highway Code provides for a penalty of up to 2 years imprisonment and a fine of 4,500 euros.

To know:

The penalties provided for in the Highway Code may be accompanied by an additional penalty.

Example of complementary penalties :

Withdrawal of points on the driving license
Training course in road safety awareness
Confiscation of the vehicle
Cancellation or suspension of the driving license

Does your situation concern an offence that has not been named in this article?

This being an exhaustive list of traffic offenses, our traffic lawyers are also qualified to handle any other offenses that are not listed above but that concern the traffic code.

Lawyer : Press Law

Defamation, slanderous denunciation, insult, discrimination, damage to image, provocation to crimes and misdemeanors, offence of false news, provocation to discrimination, forbidden publication…

Goldwin’s criminal law attorneys use their experience and expertise to assist you in your criminal proceedings in the field of public communication.

What is press law?

In a country like France where freedom of expression and freedom of opinion are very well protected, press law has a major place in criminal law.

The law of the press is governed by the law of July 29, 1881 on the freedom of the press which affirms the freedom of the press while defining its limits. The difficulty of press law lies in finding a balance between the freedom left to the press and the limits to be set in order to respect the rights of others. Ensuring that the media (newspapers, radio, television, internet…) are not used to harm is a crucial issue in criminal law.

Following the law of July 29, 1881, anyone involved in the field of public communication can be held criminally liable in the context of a dispute related to press law. Indeed, several reprehensible criminal offences are provided for by the provisions of the law on freedom of the press.

When to call upon a lawyer specialized in press law?

The emergence of the right to freedom of the press implies the appearance of new offences provided for by the law of July 29, 1881.

The recourse to a lawyer specialized in press law allows to obtain a specialized assistance when a defamation, an insult or a slanderous denunciation is characterized. Our press law attorneys will ensure your interests in any proceedings involving the media.

In this day and age where social networks are predominant in our society, the support of a lawyer specialized in press law is necessary in order to fight against all criminal offences that may exist through our screens.

What are the offences provided for by the law of July 29, 1881?

Victim or accused of a press law offence, the firm is at your side to defend your interests.

The law of July 29, 1881 provides for several offences in press law for which the firm can assist you.

Defamation

Article 29 of the law of July 29, 1881 defines defamation as « Any allegation or imputation of a fact which is prejudicial to the honor or consideration of the person or body to which the fact is attributed ».

In order for defamation to be characterized, it is necessary that three constitutive elements be met

an accusation concerning a specific fact
an attack on esteem
an identifiable person

The accusation must concern a specific fact which, by its disclosure, has damaged the esteem of an identifiable person.

According to article 32 of the law on the freedom of the press, any person accused of defamation is liable to a fine of 12,000 euros. If the defamation is directed against a person or a group of persons because of their origin, ethnicity, nation or religion, the penalty is one year’s imprisonment and a fine of 45,000 euros.

Insult

Insult is an insult materialized by a writing, a word or gestures not based on any reality and aiming at harming the honor of the targeted person. Contrary to defamation, insult refers to general remarks and not to remarks that can be demonstrated or challenged in court.

The identification of an offensive term is the first criterion for an insult to be characterized. The second criterion refers to the fact that the person who claims to be the victim of the insult must be identifiable. If the victim is not directly named, it is not enough for the insult to be pronounced, it is necessary that a person close to the person targeted by the insult be able to identify him/her.

The penalty incurred by a person accused of insulting someone can be a fine of up to 75,000 euros and 3 years in prison.

Publication of false news

The offence of publishing false news is provided for in article 27 of the law of July 29, 1881.

The fact of publishing, disseminating or reproducing false news is punishable by a fine of 45 000 euros if the action was done in bad faith and with the aim of disturbing the public peace.

The manifestation of prohibited opinions

In addition to the importance of freedom of expression in France, the law on freedom of the press ensures that public order and certain minorities are respected.

Thus, certain opinions are prohibited:

provocation to crimes and offences
apology for crimes and offences
the contestation of genocide and crimes against humanity
racism and anti-Semitism
homophobia, sexism, handiphobia

Lawyer for residential lease

The Goldwin Law Firm has a great deal of expertise and technicality in the field of rental contracts. Our lawyers, specialized in residential leases and rental law, will assist you in resolving all issues relating to housing, both in terms of advice and litigation.

Housing is the source of a large number of conflictual relations and real estate disputes between tenants and owners, but also for professionals such as real estate agencies. Rental law thus occupies a large place in the courts and among mediators. As a residential lease lawyer, we intervene at each stage of the rental process:

Drafting and signing of the rental contract;
Difficulties in the execution of the lease;
Disputes between tenant and landlord;
Fixing of an abusive rent;
Disputes related to the inventory of fixtures at the end of the lease;
Breach of the lease.

Goldwin Law Firm assists all parties in the management of disputes. More specifically, we intervene in all matters that may affect a rented property. As a real estate lawyer in Paris, our firm has the expertise and technical know-how to define creative and effective strategies to defend the interests of all parties involved in real estate ownership.

We will explain how a residential lease lawyer can help you answer all your questions such as

Can my Paris landlord charge me rent above the ceiling?
What to look out for when handing over the keys and the inventory of fixtures?
How to react if my tenant does not pay his rent ?
How can I stop my tenants’ untimely parties ?

Whether you are a tenant or an individual owner of a rented dwelling, do not hesitate to call upon a lawyer in rental law at the first difficulty related to your residential lease.

When should you call upon a residential lease lawyer in Paris?

Consisting of lawyers at the Paris Bar, the Goldwin Law Firm is a specialist in real estate law and real estate rental law. Its media reputation is linked to its successes in lawsuits concerning Airbnb rentals in particular.

The lawyer specialized in residential leases advises landlords

You own a rental property in Paris or the Paris region? Are you experiencing difficulties with your tenant?

For example, you may be wondering about the best strategy to adopt as soon as the first rental payments are overdue. You want to be sure to follow the right procedure towards the tenant and towards the insurance or unpaid rent guarantee (GLI). You want to put the deposit into play but no one answers your letters. Failure to pay rent is often the landlord’s phobia.

In another register, the landlord also very often has neighborhood conflicts to solve, especially in buildings in Paris. Indeed, he may be responsible for neighborhood disturbances caused by his tenant. In the rental contract, the tenant agrees not to commit any abnormal neighborhood disturbances and to respect the co-ownership rules. As soon as the condominium manager or the residents of the building inform you of the noise caused by your tenant, you must discuss the matter with him, verify the facts and encourage him to calm down, before sending him a formal notice.

Finally, the last frequent point of attention for the landlord is irregular subletting. If you cannot forbid your tenant to host a relative free of charge, in some cases, the tenant sets up illegal sublets, without your authorization, whether it is a seasonal rental during his or her vacations or on a more permanent basis.

For each problem, the advice of a residential lease lawyer will save you time.

The lawyer specialized in rental law advises tenants

Are you a tenant of an apartment in Paris or a house in the Paris region? Are you experiencing problems with your landlord?

With residential leases, the defense of the tenant frequently concerns a problem following unpaid rents, the realization of work or the need to have work carried out by the owner, a disagreement on the livable surface or an erroneous calculation of the rental charges, abnormal nuisances in the building, or degradations imputed by your landlord. At the end of the rental contract, it can also concern a notice to sell or to repossess if you doubt the veracity of the arguments or the non-return of the security deposit.

A lawyer specialized in rental agreements advises real estate agents and other professionals

A lawyer specialized in rental law or, more broadly, a specialist in real estate law also advises real estate rental professionals: real estate agencies but also property managers in charge of rental management for lessors.

The rental law attorney intervenes in rental disputes:

If amicable negotiations and mediation procedures fail, the Goldwin Law Firm will defend your rights in court, particularly in the case of

Unpaid rent litigation,
Eviction procedures (including appeals and litigation in the event that the police do not assist in the eviction).
Litigation of rental charges,
Litigation concerning the return of the security deposit at the end of the lease.
What is a residential lease ?

A residential lease is a rental contract for premises used as the lessee’s main residence or for mixed use (main residence and a non-trading activity).

In France, the law on residential leases is the law of July 6, 1989 aimed at improving rental relationships. This text provides in detail for residential leases and tenant/landlord relations in order to avoid abuses on both sides. Rental disputes concern bare rental contracts (without furniture) or furnished rental contracts, as long as the dwelling is the tenant’s principal residence. The concept of principal residence was specified by the ALUR law n°2014-366 of March 24, 2014 as the housing occupied at least 8 months of the year.

In other cases, other statutes and rules apply depending on the specificities: tourist rental, seasonal rental, mobility lease, student lease, etc. Social or low-cost housing is subject to specific rules. Our real estate lawyers are competent to assist you in each sector.

For the owner, the choice between renting a furnished apartment or an empty apartment depends on several considerations, in particular the rental market in his city, the tax consequences of the rental (land income, LMNP or non-professional furnished rental, an advantageous but complex status).

The drafting of the rental contract

The drafting of the residential lease is subject to a model for any contract signed since August 1, 2015. It is the ALUR law that obliges to respect the model of the rental contract. Despite this model, the drafting of the residential lease is particularly sensitive on certain points:

The fixing of the amount of rent

In some cities, such as Paris and Lille, rent setting is subject to two rules: rent control in tense areas and reference rent control. Whether you are a tenant or a landlord, you must be aware of these regulations. As a tenant, you can demand a rent reduction action. If such an action does not require the presence of the best real estate lawyer in Paris, his advice is precious in order not to commit any mistake. Indeed, the request must contain the entirety of Article 140 VI of the law of November 23, 2018, as well as the amount of the proposed rent and the increased reference rent!

When renewing the lease, the setting of the new rent is also subject to specific rules. Similarly, the annual increase in rent can be done if it is provided for in the initial residential lease (rent review clause) according to the rent reference index (IRL).

The security deposit

Among all rental disputes, those related to the return of the security deposit are important. When the lease is drawn up, the landlord may require the payment of a security deposit, which he or she will collect, unless he or she receives more than two months’ rent payable in advance. The amount of the deposit is limited to one month’s rent (excluding charges) in the case of an empty rental and two months’ rent (excluding charges) in the case of a furnished rental.

The deposit and the insurance against unpaid rent

The owner can also require either a guarantee from a third party, or take out a guarantee against unpaid rent. The act of guarantee follows a formal procedure to mark the commitment of the natural or legal person to pay the rent in place of the defaulting tenant. The simple guarantee obliges the lessor to act first with his tenant while the joint guarantee allows him to act at the same time against both.

A guarantee for unpaid rents can be subscribed by the owner and give rise to litigation in case of unpaid rents. Very often, the conditions of implementation of these private insurances are drastic and the accompaniment of a lawyer in rental law is beneficial.

The signatories of the lease contract

An essential point of the residential lease concerns the signatories. On the owner’s side, if the property is owned by a couple, is it necessary for both to be signatories? Does it depend on the marriage contract? On the tenant’s side, if one of the members does not work, should he/she be a signatory of the lease? And if a separation or divorce occurs during the tenancy, what are the obligations of the landlord or tenant ? Is it mandatory to write an amendment to the lease contract ? What are the specificities of shared rentals ? As soon as we look at the contract in detail, we realize its shortcomings. The right solution? Call a residential lease lawyer for a consultation.

The execution of the lease

After the signature of the lease, the inventory of fixtures is usually done when the keys are handed over. The first disputes between the landlord and the tenant occur during the execution of the lease.

Recovery of unpaid rents and charges

In case of unpaid rents, the use of a real estate lawyer is useful to impress the tenant and affirm the determination of the landlord to obtain the payment of the rents. In general, a war of attrition sets in and it is advisable to master all the stages: formal notice, questioning of the guarantor, procedure with the unpaid rent guarantee organization, information from the CAF, order to pay by bailiff, etc. This can lead to the termination of the lease and the eviction of the tenant.

Rights of the tenant

The tenant has rights in return for the payment of the rent, in particular the right to decent housing and to have the necessary work done to bring the housing into conformity.

Other disputes arise concerning the work to be carried out by the tenant or the owner, the amount of recoverable charges and the regularization of rental charges. The dispute of the rental charges is played on the detail of the work carried out on both sides. Compensation for rental repairs may be due.

The end of the residential lease
Leave to sell

The tenant remains in place as long as he or she wishes and as long as he or she fulfills all of his or her obligations under the residential lease. The landlord can give notice to sell the dwelling, notice to repossess (to live in the dwelling or to put a close family member in it) or notice for legitimate and serious reasons. Have a residential lease lawyer check that all the conditions for the termination of the lease, in terms of form and content, have been met.

Termination of a residential lease

If a resolutory clause for non-performance of the lease obligations is included in the rental contract, the judge can quickly pronounce the termination of the lease. The intervention of a residential lease lawyer saves time before the court or the local court. Without waiting for the eviction measures if the tenant refuses to leave the premises, in particular between the promise of sale and the deed of sale or in the event of termination of the lease for unpaid rent. The eviction procedure is long and complex, involving several authorities. During this time, the tenant finds himself in a position of occupation without right or title (OST).

Restitution of the security deposit

The inventory of fixtures at the end of the lease is comparable to the one at the beginning. Vigilance is required for both acts. Your tenant does not want to pay the last month’s rent ? Your landlord wants to have the apartment repainted with your security deposit? Litigation related to the security deposit is numerous. Call a residential lease lawyer quickly!

Your residential lease lawyer is competent for other rental contracts

The residential lease is not the only contract for renting a dwelling. There are commercial leases for premises that are suitable for commercial use. Seasonal rental contracts, occupations without right or title, precarious occupation agreements, law 48 leases, etc. All this also requires the intervention of a lawyer specialized in real estate. It is important to accompany each party and to solve the rental conflicts.

Your lawyer in rental law

A lawyer specialized in residential lease law assists you from the signature until the end of the residential lease. He intervenes in advice as well as in litigation with each party: tenant, co-tenant, private owner, real estate professional.

The Goldwin Law Firm, expert in real estate law, deals with all sectors:
lawyer in co-ownership law

lawyer to defend against a co-ownership syndic
lawyer in case of eviction
lawyer in construction law
commercial lease lawyer

Change of trustees

The change of trustee within a co-ownership can be conflictual and difficult.

Indeed, when a trustee succeeds another one, this one must be given all the documents and funds of the co-ownership. The objective being that the new syndic is able to carry out his missions of administration and management of the building.

However, the syndic is often confronted with an unconcerned predecessor who refuses to hand over the documents and the funds of the co-ownership. But this one can just as well not give him all the documents. This can lead to the paralysis of a co-ownership, since without the handing over of the documents and funds, the syndic cannot act.

The firm advises you and accompanies you in your steps in order to ensure a complete, fast and effective handing-over of the elements and funds of the co-ownership.

What are the transmission deadlines in case of a change of trustee ?

Article 18-2 of the law n° 65-557 of July 10, 1965 sets the deadlines within which the former managing agent must transmit the documents of the co-ownership to the new one.

These deadlines differ according to the nature of the elements to be transmitted.

Thus, as from the date of cessation of his functions, fixed at the time of the general assembly appointing the new trustee, the deadlines are as follows:

Within 15 days: “the cash situation, the references of the syndicate’s bank accounts and the bank’s contact details”;
One month after : “all the documents and archives of the syndicate as well as, if necessary, all the dematerialized documents relating to the management of the building or the managed lots (…), in a downloadable and printable format. In the event that the syndicate of co-owners has chosen to entrust all or part of its archives to a specialized service provider, it is required, within the same time limit, to inform the service provider of this change by communicating the contact details of the new syndic”;
Three months after: “the statement of accounts of the co-owners as well as the statement of accounts of the syndicate, after auditing and closing.”

Also, insofar as, by December 31, 2020, all Syndicates of Co-owners must have a separate bank account, it is in principle no longer necessary to request the remittance of funds, but only the remittance of bank details.

Nevertheless, a request for the remittance of funds may exist in the following cases:

When the Syndicate of Co-owners has not opened any bank account,
When there is a succession of trustees.

What should the new managing agent do in case of non-delivery ?

The law of July 10, 1965, provides for a specific procedure to allow the new syndic appointed to be given all the documents and papers of the co-ownership.

This procedure takes place in two stages:

First step: sending a formal notice to the former syndic

Before any referral to the competent jurisdiction, you must send a formal notice to the former managing agent. This letter aims at requesting the handing-over of the documents and parts of the co-ownership.

In order to ensure the regularity and the effectiveness of the procedure, to resort to a lawyer represents the best solution for the drafting and the sending of such a letter.

Indeed, upon receipt of such a letter, the former trustee usually hands over the requested elements or informs about possible difficulties encountered. Nevertheless, without transmission of their part, it will then be necessary to seize the competent jurisdiction.

Second step: The summons in summary proceedings before the President of the Court

Considering the specificities of such a case, calling upon a lawyer in real estate and co-ownership law is fundamental. The call for a lawyer can come from :

The new syndic,
From the president of the syndicate council,
Or from the Syndicate of co-owners, according to jurisprudence.

Following this constitution, the lawyer then drafts a summons in order to ask the President of the Judicial Court to condemn the former syndic under penalty. The purpose of this measure is to force the former trustee to hand over any document belonging to the co-ownership.

The opinion of the jurisprudence on the change of syndic

The jurisprudence permanently reminds the imperative character of the obligation of handing over belonging to the former syndic. The Court even qualifies it as an “imperative obligation from which no circumstance can exempt him” (CA Paris, 14th chamber, section A, April 19, 2000 n°1999/2384).

In this respect, it should be noted that the burden of proof is on the former trustee.

This obligation is such that the Court of Cassation has ruled that it is up to the outgoing trustee to prove that he does not hold the documents which are claimed from him:

Either that they do not exist,
Or that they are not in his possession and that he cannot obtain them. (Cass. 3e civ, 5 December 2007, n°06-11.564 and Cass. 3e civ, 29 March 2011, n°10-14.159).

Do not hesitate to contact a lawyer of the firm specializing in these procedures. He will assist you and will make sure that the requests for transmission under penalty are formulated in a particularly clear and detailed way.

Lawyers in the field of abandonment of work

Unjustified interruption of work over a long period of time, temporary stoppage of work, it is sometimes difficult to define what constitutes a stoppage of work. However, this abandonment can be justified in certain cases, notably in cases of force majeure, which makes the situation even more complex. The Goldwin law firm and its lawyers in the field of abandonment of work have a considerable experience in this field and will be the most able to advise you on this question.

Do not hesitate to contact us if you wish to know what recourse is available to you.

Abandonment of work is characterized by an unjustified interruption of work over an abnormally long period. It is different from a simple temporary stop of the work. Nevertheless, certain situations justify the possibility for the contractor to abandon the site. Indeed, it happens that the contractor is confronted with a case of force majeure which prevents him from continuing the work. However, a contractor who abandons the site without any real reason is in breach of his obligations.

From the very beginning of the procedure, the use of a lawyer specializing in abandonment of work represents a possibility. The Goldwin law firm is at your disposal in case of litigation and to accompany you from the beginning to the end of this litigation.

What to do in case of abandonment ?

Formal notice to the contractor concerned

First of all, the defaulting contractor must be given formal notice by registered letter with acknowledgement of receipt. The objective here is to demand that he resumes the execution of the work within a determined period. This letter must mention the delivery date provided for in the contract signed between the client and the contractor. Once this delivery date has passed, it is possible to consider the application of possible penalties for delay.

Nevertheless, the inertia of the company is often due to financial difficulties or to a collective procedure in progress, for example a judicial recovery. In this case, you will have to send the formal notice to the judicial administrator representing the company. The latter has one month to respond. Finally, it should be noted that a silence on his part is equivalent to a refusal to continue the work.

For this, do not hesitate to contact our lawyers in site abandonment. They will accompany you in all the necessary steps to find an amicable and rapid solution to your dispute.

The report by a bailiff

If the contractor does not provide a valid explanation or does not resume the work within the allotted time, you must have the abandonment of the site recorded by a bailiff. The bailiff will go to the site and make a note of the abandonment, as well as anything else he deems necessary.

The bailiff will then draw up a report containing :

The work already done;
The remaining works.

At all stages of this procedure, a lawyer in real estate law or in abandonment of building site can be necessary for you. With his expertise, he will provide you with an often decisive point of view on the situation and on the steps to follow.

Your possibilities after the report

Requesting compulsory execution

The first possibility is to request compulsory execution under article 1221 of the Civil Code. Indeed, the project owner has the necessary means to pursue the forced execution of the contract in kind.

In order not to perform, the contractor must justify :

Either the impossibility of performing his obligation.
Or the possibility of such performance, but at a cost that is clearly excessive compared to the interest of the work for the client.

In the second case, article 1222 of the Civil Code provides an alternative. Indeed, the client may, after having the contractor’s failure to perform established by a bailiff, be authorized to have the work performed by a new company. This change of contractor will be done at the expense of the defaulting contractor.

Accepting imperfect performance in exchange for a reduction in price

The second possibility, according to article 1223 of the Civil Code, consists in accepting an imperfect execution of the work in exchange for a reduction of the price. The contractor’s formal notice is again a prerequisite. Thereafter, the evaluation of the work done by an expert represents a necessary step. Indeed, the expert will be able to evaluate the part of the work that has not been done and then estimate the possible price reduction.

Resolving the contract

The resolution of the contract on the basis of article 1224 of the Civil Code is the last possibility in case of abandonment of the work. This article applies in the case where a resolutory clause would have been stipulated in the contract concluded with the contractor. The client may then invoke it to terminate the contract. He may also ask the judge to terminate the contract or notify the contractor of his intention to terminate the contract. Once again, formal notice to the defaulting contractor is a necessary prerequisite.

Furthermore, you can invoke the contractual liability of the defaulting company on the basis of articles 1103 and 1104 of the Civil Code. These articles sanction the damage suffered by a party in case of non-performance of a contract. However, the compensation of the damage is only possible in case of unsuccessful formal notice. The client may thus obtain damages under article 1231-1 of the Civil Code.

Finally, when the work has been financed by a loan, the client can ask the judge to suspend the execution of the loan contract until the dispute is resolved on the basis of article L.313-29 of the Consumer Code.

On this last point, the assistance of a lawyer in site abandonment and real estate law is fundamental. He will accompany you throughout the procedure and will take the necessary steps before the competent courts.

Unfair competition lawyer

A competitor uses your company’s logo? A competitor openly and publicly criticizes you? Someone is trying to hire your employees on a massive scale? You are surely victims of unfair competition. Experts in commercial law, the lawyers of our firm in Paris are here to help you in the actions you take against the company that resorts to these abusive means.

Unfair Competition Lawyer – What is an unfair competition situation?

In a situation of unfair competition, a competing company makes excessive use of its business rights. It uses practices that are contrary to the proper functioning of business. The law relies here on article 1240 of the Civil Code which states: “any act of man which causes damage to another, obliges the one by whose fault it occurred to repair it.

More precisely, it is the restrictive competition law that governs relations between companies. The principle of free competition has been recognized in France since the Le Chapelier law of 1791. However, all freedom has its limits. It must be tempered by honest practices so that free competition is not distorted. This is how economic actors can evolve on a market under normal conditions.

Competition law verifies that there are no distortions or malpractices committed by companies competing with yours. However, all means are good to gain an advantage over you and divert your customers. It is therefore necessary to put an end to these competitive practices as soon as possible. It is possible to initiate an amicable procedure or to resort to a lawyer who will bring a legal solution to the dispute.

3 conditions for unfair competition

The law of unfair competition is a branch of business law. Its purpose is to sanction unfair behavior in order to obtain compensation for the damage caused to the company due to the illicit detour of its clientele or the loss of turnover or the loss of speed in relation to the savings made by the unfair competitor.

For the liability of a company in an unfair practice to be characterized, three fundamental conditions must be met:

A litigious process that leads to a fault: imitation of your product, taking over by a company of essential information about you (name, logo, acronym) to divert your customers, etc.
A prejudice: a drop in turnover, a decrease in the number of visitors. It can therefore be anything that has an impact on the development of your business.
A causal link between the fault and the prejudice: the litigious process has a direct consequence on the prejudice you have suffered.
What are the acts of unfair competition?
Denigration :

When a competitor attacks your company openly and publicly, it may be a case of denigration. Indeed, this company questions your operation, your financial situation. It can question your reliability and sincerity. To characterize this denigration, it is necessary that this attack is not defamatory or comes from the freedom of expression.

The main difference between defamation and disparagement is that defamation affects a natural or legal person while disparagement targets a product or service.

Thus, you are a victim of denigration when a competitor :

Attacks your company publicly and by name,
Calls into question one of your products or services.

Goldwin’s business law attorneys will accompany you and advise you on how to take the necessary steps to put an end to this situation. Through their expertise and experience in competition law, our lawyers will protect your interests and customize their strategy to the situation you are facing. An unfair competition lawyer will therefore be of great help to you.

Confusion and counterfeiting:

While confusion and infringement seem synonymous, there are differences between the two in law. Confusion occurs when there are similarities between companies or products. This can be the case of registered designations of origin taken over by other producers or companies that have similar sounding names.

French law and European law act in concert on the notion of confusion. The sanction in case of confusion is to stop the litigious practice. An expertise is therefore necessary to prove this confusion: sound rhythm of the company name of the companies concerned, phonetics, analysis of the substance or material concerned, scent… everything must be taken into account. Experts in this field, our lawyers will assist you in your steps and will advise you to settle the dispute as soon as possible.

Moreover, our firm is also competent in matters of counterfeiting. At the limit of unfair competition, counterfeiting is characterized by the infringement of a protected private right of a company. This is most often the reproduction of an existing model without adding a personal touch or by adding a few details. For example, the Court of Cassation has already ruled that affixing a third party’s trademark on an infringing shoe, in addition to the identical reproduction, could lead to an action for unfair competition in addition to the action for infringement.

Thus, the two actions seem to be complementary, even if there are disagreements within the Court of Cassation and between the lawyers. Goldwin’s lawyers will be at your disposal to distinguish between the two and bring your dispute before the appropriate legal authorities.

Disorganization:

Disruption occurs when a rival company uses methods to undermine the internal organization of a company or, more generally, the entire market. It is then obviously a process constituting unfair competition.

Thus, internal disorganization is characterized in the following cases:

Breaches of business secrecy such as the disclosure of internal files or the appropriation of trade secrets for example.
Massive poaching.

The Court of Cassation admits in jurisprudence that the sole criterion of massive recruitment is insufficient to constitute unfair competition (Cass. Com, September 26, 2006, RJDA 2007, N°207). To know if you are a victim of disorganization, you must prove that the attitude of the rival company is suspicious.

To this end, you must for example prove :

That it denigrates you;
That it is offering your employees a higher salary in order to attract them;
That its goal is at least suspicious (appropriation of a know-how or misappropriation of information for example).

As for the general disorganization, it is more and more similar to illegal competition. These processes are equally sanctioned. Competition is said to be illegal when the law states that it is not possible to carry out certain actions. These can be of different natures:

Abusively low prices compared to the rest of the market
Resale at a loss
Parallel distribution
Sale with a premium
…

In either case, if you believe that you have met the conditions for disorganization, hire a lawyer to defend your interests and return to a normal competitive situation. Do not hesitate to contact the Goldwin law firm and its unfair competition lawyers, they will be at your disposal to answer your questions and advise you on the steps to take.

Parasitism:

A frequent dispute that can concern many companies, free riding is defined as a behavior by which a person or company takes advantage of the actions of another person. This person operates without spending any money or effort in order to obtain know-how. This parasitic behaviour must have a significant influence on the financial stability of your company. Your most direct competitors as well as any other market player can be affected.

There is also a certain intentionality in these parasitic acts. Indeed, it is difficult to imagine that a person would follow in the footsteps of another and take advantage of his know-how and efforts, without that person doing so voluntarily.

Finally, the proof of free riding is based on the facts taken as a whole. Therefore, presumptions are sufficient to initiate an action.

Examples of free riding include:

Using a competitor’s reputation and/or goodwill to attract customers,
Unwanted affiliation, by describing oneself as a specialist or offering compatible products not endorsed by the competing brand,
Use of “loss leaders”,
Participation in a commercial or franchise network without having signed an agreement,
Competitor in the market using your research and development for personal use, without a patent having been made
…
How to act when faced with an act of unfair competition ?

When you think you are a victim of unfair competition, the first thing to do is to contact a lawyer specialized in unfair competition actions. After analyzing the facts and the competitive market, he or she will establish the chances of winning a lawsuit. At the same time, he may recommend that the competitor company be put on notice or that bailiffs be called in to establish a file of evidence.

If the unfair competition seems to be proven, you have to put an end to the situation. To do this, you must take legal action against the person or company that uses this type of process and seeks to obtain an economic advantage. In the case of infringement, a related action, based on separate facts, may also be brought against the infringing company.

Contact an unfair competition lawyer if you want an expert opinion on your situation. In this way, he will follow you in all your steps, whether it is an amicable procedure or the referral to the competent jurisdiction.

Your lawyer will accompany you throughout the unfair competition procedure. He builds a solid file with the preliminary findings, bailiff’s report, authorization of the judge of the requests, etc. A lawyer also participates in the quantification of the prejudice suffered due to the acts of unfair competition. This is often a sensitive point, as a drop in turnover is difficult to link to the action of a competitor. We advise companies on the best method to determine the damage and the collection of evidence, financial documents, etc.

How to avoid unfair competition?

The prevention of unfair competition is too often neglected by companies. However, we can put in place several means to avoid parasitism, disorganization and confusion between your company and that of your competitors.

For example, we propose non-competition clauses or exclusivity clauses in employment contracts, non-dismantling or non-restablishment clauses, and penalty clauses. A whole contractual arsenal can be used to limit or avoid unfair competition litigation.

Being proactive in defending one’s know-how and investments is also useful. By defending and making it known that you are monitoring and defending your intellectual property rights, you give a strong signal to the competition.

The importance of hiring an unfair competition lawyer

Our Paris business law firm is competent to conduct pre-litigation and litigation actions in unfair competition, parasitic competition, denigration, and disorganization. Each situation is unique and sensitive when it comes to healthy competition between players. The business world is a dangerous game and the rules of the game are sometimes unclear.

The unfair competition lawyer first identifies the facts to characterize them in law. Then, he determines the legal stakes and risks, the deadlines and the solutions. The company manager is then in a position to make the right decision to take action in unfair competition.

The development of digital technology gives rise to new anti-competitive practices such as cybersquatting, the adoption of a competitor’s general terms and conditions of use, the purchase of online advertising on a competitor’s brand, etc. Convictions for unfair competition are multiplying.

Our law firm assists you in drafting the summonses, the submissions in response, to ensure your representation at the hearings, to appeal, to enforce the judgment in your favor. We also represent you in defense, because it is frequent to be attacked in unfair competition by a litigious competitor. We then defend your practices before the courts in the respect of free competition. Depending on the situation, we develop the appropriate defense strategy.

Goldwin’s lawyers intervene in matters of unfair competition in Paris (Île-de-France), where the firm is located, but also throughout France. We also have international expertise in business law.

Public law lawyer

Responsibility of the State, responsibility of the mayor, recourse for excess of power, administrative recourse, challenge to ministerial or municipal decrees, request for annulment of decrees, QPC, expropriation, town planning, our lawyers intervene before all administrative jurisdictions and are renowned for their mastery of administrative and civil service law.

The firm’s recognized practice in public litigation allows it to provide its clients in claim or defense with support on all their issues in the various areas of public law. Above all, the Firm ensures optimal representation in their disputes before administrative courts.

The firm’s interventions begin with a precise analysis of the file and the objectives expected by the client in order to offer him an approach adapted to their problem (s) and to the realization of their project (s) in complete safety. legal.

This support by an experienced lawyer is all the more relevant and necessary as proceedings before administrative courts have become more complex.

The Firm therefore supports you in choosing and defining the best possible litigation strategy, which will be implemented by one of the firm’s lawyers during the substantive proceedings and / or in the event of an appeal. For example, the Firm intervenes on behalf of public entities or economic operators in matters of public contract law, whether to assist them during procurement procedures or to defend them in the event of disputes relating to their execution.

The Firm also supports economic operators in their efforts to have the damage caused by the actions and decisions of administrations recognized and compensated.

Expropriation lawyer

Our firm assists clients in the context of expropriation procedures and protects owners in their infringement of their right to property, which is a fundamental right.

It is essential for the expropriated party to be assisted by a Lawyer in all the different phases and stages of the expropriation procedure so that the protection of his property right is ensured in the most optimal way.

Indeed, this particularly complex subject, which presents varied procedural aspects, requires a sharp mastery of both law, but also strategic and technical issues.

The Firm has recognized expertise in the matter and will be able to assist you to ensure the protection of your rights, in the administrative phase as well as in the judicial phase.

Thus, the Cabinet will ensure the legality of administrative decisions relating to expropriation, and, if applicable, undertake all due diligence aimed at contesting them before the administrative judge.

Then, the Cabinet will defend the interests of the expropriated party, either amicably or before the Expropriation Judge so that the latter is compensated for all the damages suffered as a result of the expropriation.

What is expropriation?

Expropriation is the procedure by which a public person (State, local authority, etc.) forces a landowner (natural or legal person) to transfer his property to him, for public utility purposes, and in return for fair compensation.

What are the different stages of the expropriation procedure?

The administrative phase of the expropriation procedure
The public utility of the operation:

The proposed operation justifying the expropriation must necessarily be of a public utility nature.

This concept is paramount and is the subject of abundant case law. Indeed, if it is demonstrated, the operation is not of a public utility nature and may be declared illegal.

Thus, a public inquiry is opened and carried out by an investigating commissioner. In particular, it allows citizens to share their observations and their position on the planned operation.

The investigation commissioner then draws up a report in which he decides on the public utility nature of the project.

It is then that the Prefect (or the Minister as the case may be) takes an act of declaration of public utility.

Each project being different, it is therefore necessary to carry out a careful analysis of the project on a case-by-case basis in order to determine the advisability of a referral to the administrative court.

The plot survey:

The plot investigation can, depending on the case, be carried out during or after the public investigation that we have just mentioned.

As part of this investigation, the investigation commissioner must determine both the plots to be expropriated as well as the identity of the owners (or holders of real rights) affected by this expropriation.

The municipality is required to notify owners by registered mail of the progress of the investigation.

Once this investigation is completed, the Prefect issues an order under the terms of which he declares the properties that are within the expropriation perimeter transferable.

It is appropriate here for the lawyer to ensure in particular the scrupulous respect of all the phases of this investigation, and if necessary, to refer the matter to the administrative judge.

The judicial phase of the expropriation
Transfer of ownership:

Once the project has been declared of public utility and the transferability order has been notified to the expropriated owner, the transfer of ownership of the property can take place.

This can take place amicably, that is to say that the public person and the expropriated party reach an agreement on the compensation that will be paid to the expropriated party.

If no agreement is reached, the public body will refer the matter to the Expropriation Judge to order the transfer of the property. This order is pronounced in the absence of the expropriated party who will only be notified of the decision.

From this ordinance, the expropriated party no longer owns his property, he becomes a simple possessor, so that he can no longer sell or mortgage his property, for example.

However, the expropriated party retains the enjoyment of his property until the payment, by the public body, of an indemnity which must cover all the damages suffered as a result of the expropriation.

The compensation offer:

The public body is required to send, by mail, an offer of compensation to the expropriated party but also to the possible tenant.

This offer must cover all damages suffered as a result of the expropriation.

In the absence of agreement between the public body and the expropriated party (or the tenant), one or the other of the parties may apply to the Expropriation Judge so that the latter fixes the compensation that will be paid.

Before deciding on the amount of the compensation, the Judge will go to the scene and the parties will share, in writing, all of their observations, their assessment of the compensation and will provide supporting documentation in this regard. allowing them to base their position.

CONSEQUENTLY

It is therefore absolutely essential that the expropriated party and the tenant be assisted in all the phases of this procedure in order to ensure the protection of the property right of the expropriating party and the fair compensation for the damages suffered by the owner. and the tenant.

The Firm will therefore be able to guide you as best as possible in these different procedures, whether it is the administrative phase or the judicial phase and will defend your interests as best as possible in the context of the assessment and payment of compensation, whether it is amicably by leading a negotiation with the expropriating public person, or before the Judge of the expropriation.

Pre-emption law lawyer

The Firm defends the interests of pre-empted persons (natural and legal persons) within the framework of pre-emption procedures. This complex procedure, which takes place in several phases, requires the intervention of a lawyer mastering both the procedure before administrative courts as well as those before civil courts, in particular the Expropriation Judge. The Firm has in-depth expertise enabling it to best advise owners on the litigation strategy to adopt, in order to ensure the preservation as well as the protection of their rights. The Firm defends the interests of owners before administrative courts in order to challenge and request the annulment of administrative decisions of preemption or expropriation. Likewise, the Cabinet will be able to enable the owner to obtain the best possible compensation either as part of a preliminary negotiation phase or before the Expropriation Judge.

What is the right of first refusal?

The right of pre-emption is a right conferred on a public person (often the municipality), to acquire a property, when it is put up for sale, in place of another person, for a price that is often good. less than this to which the seller intended to sell his property.

How is the pre-emption procedure carried out?

The declaration of intent to alienate

When the property of a selling owner is located in a geographical area subject to the right of pre-emption, the latter is required to inform the holder of the right of pre-emption of his desire to transfer or alienate his property.

This information is provided (often by the notary) through a declaration of intent to alienate.

The pre-emption decision

Following notification of the declaration of intention to alienate, the administrative authority has two months to take, if it wishes, a pre-emption decision.

This decision must meet certain conditions, and in particular it must indicate the price at which the administration intends to preempt as well as a precise motivation.

The Cabinet will therefore carry out a careful analysis of the pre-emption decision in order to better understand the advisability of seizing the Administrative Judge (on the merits, or in summary proceedings given the urgency) to request the annulment of said decision.

Compensation for the right of first refusal

Regarding the price mentioned in the pre-emption decision, several hypotheses are possible:

The price offered by the administration is the same as that of the seller: the sale is perfect, and the seller cannot renounce the sale. It is however possible to challenge this decision before the administrative judge;
The price offered by the administration is lower than the seller’s price:
The seller can accept it, so the sale is perfect;
The seller can refuse it and the administration can then either renounce the acquisition of the property or refer to the expropriation judge to ask him to fix the price of his right of first refusal.

Before rendering his decision, the Judge will visit the scene and the parties will share, in writing, all of their observations, their assessment of the compensation and will provide in this regard the supporting documents on which to base their position.

The Firm will assist you throughout the procedure for setting the price of the pre-emption right in order to ensure the payment of the best possible compensation, whether this is done amicably or before the Expropriation Judge.

Urban planning lawyer

The Firm has recognized expertise in urban planning law and assists its clients in all issues relating to this matter.

Thus, the Firm assists clients both in the constitution of urban planning files and all the related administrative procedures, as well as in the context of urban planning law disputes, and in particular those relating to requests. cancellation of town-planning documents (building permits, work authorizations, development authorizations, etc.) or administrative decisions refusing to issue town-planning authorizations.

The Cabinet defends both petitioners and third parties for planning authorizations so that it has an overview allowing it to define a precise strategy and to best defend the interests of each party.

Likewise, the Firm intervenes in the study of the legality of local urban plans and assists many clients in the context of disputes and issues relating to local urban plans (PLU, PLUI), in particular for disputes concerning modification or revision of PLU, modifications of urban planning zoning, disputes over classification or downgrading of zones.