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The Principle of Confidentiality
March 2016 – The Principle of Confidentiality
In a recent French case law related to a company facing a “conciliation” proceedings, the French Supreme Court (the “Cour de cassation”) has been confronted to a conflict between, in one part, the confidentiality principle governing the pre-insolvency proceedings as mentioned in the Act (Article L 611-15 of the Commercial code) and, on the other part, civil liberties as such the freedom of the press and the freedom of speech. Georges-Louis Harang of HOCHE SOCIETE D’AVOCATS, Paris (France), asks: Which one should prevail on the other? Download the full story here.