CD Paris, July 2, 2024, Order On Party's Representation, UPC_CFI_164/2024

Key takeaways

The possible violation of the obligation to act as an independent counsellor cannot be asserted by the opposing party, but only by the party for whose benefit such an obligation is placed.

Opposing party has no interest in such a finding as the effectiveness of a party's right to defence in court shall be protected.

The obligation to act as an independent counsellor must be assessed with reference to the possible harm to the interests of the party on whose behalf the professional acts.

The fact that a representative also carries out active administration tasks on behalf of the represented party and may be directly interested in the outcome of the case is not decisive for the assessment of independency.