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ARTICLE · 28 OCTOBER 2024

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French Supreme Court Adopts A Restrictive Conception Of Attorney-Client Privilege

Jones Day
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On September 24, 2024, the Criminal Division of the Cour de Cassation ("Court of Cassation") issued a noteworthy ruling on the enforceability of attorney-client privilege in the event...

FranceAntitrust/Competition Law
Jérémy Attali
Jérémy Attali
Eric Barbier De La Serre
Eric Barbier De La Serre
Bénédicte Graulle
Bénédicte Graulle
Yanis Rahim
Yanis Rahim
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On September 24, 2024, the Criminal Division of the Cour de Cassation ("Court of Cassation")issued a noteworthy ruling on the enforceability of attorney-client privilege in the event of an antitrust dawn raid (appeal no. 23-84.244). On this occasion, the Court of Cassation rejected the appeal of a company challenging the seizure of documents during a dawn raid in the field of competition law, based on article L. 450-4 of the French Commercial Code.

More specifically, the company challenged the seizure of documents covered by attorney-client privilege. In addition, it criticized the DREETS (Direction régionale de l'économie, de l'emploi, du travail et des solidarités) for failing to apply article 56-1-1 of the French Code of Criminal Procedure during the raid. This provision (resulting from Law no. 2021-1729 on confidence in the judiciary) introduced a new procedure enabling a person who is the subject of a criminal dawn raid to object to the seizure of documents

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