Keyword: Cour de cassation

French firm Lafarge loses bid to halt 'crimes against humanity' case

Ruling by top French court marks a major setback for Lafarge, which is accused of paying nearly 13 million euros to jihadist groups including the Islamic State (IS) to keep its cement factory in northern Syria running through the early years of the country's war.

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Divorce: French woman ‘at fault’ for ending sexual relations with husband

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Inside the European Court of Human Rights. © FREDERICK FLORIN / AFP Inside the European Court of Human Rights. © FREDERICK FLORIN / AFP

A 66-year-old woman has lost all her appeals in France against a divorce case ruling that she was at fault in the collapse of her marriage after refusing to continue to have sexual relations with her husband. This month she submitted an ultimate appeal before the European Court of Human Rights in what may prove a watershed case on the notion of “conjugal duty”. Marine Turchi reports.

French court rules no rape charges for firemen in 'teen assault' case

None of twenty-one firefighters accused of raping a girl when she was aged between 13 and 15 can be charged with rape, France's highest court has ruled, but some could face lesser charges of sexual assault.

Sarkozy gives evidence at corruption trial: 'My life has been about lending a hand'

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Nicolas Sarkozy and his lawyer Jacqueline Laffont at the court in Paris on November 26th, 2020. © Mehdi Taamallah/NurPhoto/AFP Nicolas Sarkozy and his lawyer Jacqueline Laffont at the court in Paris on November 26th, 2020. © Mehdi Taamallah/NurPhoto/AFP

Former president Nicolas Sarkozy has given evidence at the corruption trial in Paris where he is accused of trying to bribe a senior judge in return for confidential judicial information. The ex-head of state was full of anger and indignation at the allegations that have been levelled against him. “I swear to you, the idea that we were doing something we shouldn't could not have been further from my mind!” he told the courtroom. Mediapart's legal affairs correspondent Michel Deléan was in court to hear Nicolas Sarkozy proclaim his innocence on all charges.

Doubts over legality of law to tackle France's serial lockdown breakers

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The number of police checks and fines handed out in the Paris region for breaching lockdown rules. © Mediapart The number of police checks and fines handed out in the Paris region for breaching lockdown rules. © Mediapart

To ensure that citizens complied with the Coronavirus lockdown introduced on March 17th 2020, the French government drew up legislation to make breaches of the rules a criminal offence. But lawyers and academics have raised concerns as to whether part of that legislation – which can lead to jail for anyone who breaches the rules more than three times in a month – is constitutional. France's top constitutional authority, the Conseil Constitutionnel or Constitutional Council, is due to rule on the issue in June. Meanwhile there have been more than 1,500 criminal cases involving repeat offenders and a number of people have already been jailed. Camille Polloni reports.

Uber loses French case as driver is declared employee

Uber has long argued that it merely a platform linking self-employed drivers with riders, a model which allows it to avoid paying certain taxes and social charges as well as provide paid vacations.

Sarkozy set to stand trial over 2012 campaign after last appeal fails

Verdict by the French Cour de Cassation means prosecutors will now decide whether ex-president faces court over massive campaign overspend.

French court ends life support in right-to-die case

Top court rules doctors can stop feeding Vincent Lambert who has been in a persistent vegetative state since a road accident nearly 11 years ago.

Libyan funding affair: Nicolas Sarkozy's final defeat against Mediapart

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Left to right: the French president's chief aide Claude Guéant, Muammar Gaddafi and Nicolas Sarkozy inTripoli in 2007. © Reuters Left to right: the French president's chief aide Claude Guéant, Muammar Gaddafi and Nicolas Sarkozy inTripoli in 2007. © Reuters

France's highest appeal court, the Cour de Cassation, has rejected an appeal by former president Nicolas Sarkozy in a case against Mediapart relating to the authenticity of a key document showing he was promised Libyan funding for his 2007 election campaign. The judgement, published on Wednesday January 30th, means that the former president can no longer evade the election funding scandal revealed by this site, says Mediapart's publishing editor Edwy Plenel.

Why Nicolas Sarkozy faces trial over claims he sought inside information from judge

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Barely a week after Nicolas Sarkozy was placed under formal investigation over Libyan funding of his 2007 presidential campaign, the former president has been hit by a new legal blow. Judges have ruled he must stand trial on corruption and influence peddling charges over claims that he tried to get a senior judge to leak him crucial information about the progress of a case involving him. In return the ex-head of state is said to have promised to help get the judge a plum post in Monaco. Mediapart's legal affairs correspondent Michel Deléan explains the background.

The duty to protest

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Last week the French authorities banned a planned march in Paris by trade unions opposed to labour law reforms, before eventually backing down partially and allowing a more limited demonstration. Here Mediapart's editor-in-chief Edwy Plenel argues that demonstrating is a constitutional right and that, by banning the march that the trade unions wanted, the government violated the fundamental law that guarantees all our freedoms. It is, he writes, our duty to resist this unlawful act in order to defend our common ideal: democracy.

French state justifies 'racial profiling' in police searches

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The French state is currently appealing to the highest court in the country after five identity checks carried out by police were judged discriminatory because they were based on people's appearance. Mediapart has now seen the legal arguments made by state lawyers who argue that in some circumstances it can be justifiable for police to target black and North Africans for such searches. Thus despite domestic and international jurisprudence, writes Michaël Hajdenberg, the French state appears to be condoning the practice of racial profiling.

Mediapart takes Bettencourt censorship case to European Court of Human Rights

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France’s highest court the Cour de Cassation has upheld the ruling that censored Mediapart's coverage of the Bettencourt affair. The decision confirms that more than 70 articles detailing the secret recordings made by the Bettencourt family's butler must remain suppressed, even though the revelation of the content of these very recordings has led to a string of scandals and high-profile judicial investigations. Editor François Bonnet says that faced with this anti-freedom stance by the top French courts, who have given the right to privacy complete precedence over the public's right to know, Mediapart has no choice but to appeal to Europe.

France's Sarkozy appeals against vote funding investigation

Former president appeals to Court of Cassation over investigation into allegations that he took advantage of mental frailty of L'Oréal heiress.