Commercial litigation

In the arena of commercial litigation, each dispute – be it concerning contract non-performance, partnership dissolution, liability challenges, or other matters – demands a swift and customized response to minimize the impact on the company’s operations. Addressing these challenges necessitates both agility and nuanced expertise, characteristics that Joulie Avocats is well-positioned to deliver.

Our approach:

Our agility and expertise enable us to intervene rapidly, deploying effective strategies at every stage of litigation, from pre-litigation to enforcement.

With 25 years’ experience in commercial litigation, our firm has cultivated a versatile range of expertise, tailored to different specific needs.

Our commitment:

We commit to providing steadfast and determined representation, ensuring not only the protection of your interests but also the achievement of your objectives.

Our balanced approach and mastery of legal procedures guarantee robust representation, whether actively pursuing your rights or defending with determination.

Our range of expertise includes:

  • Contract non-performance,
  • Termination of negotiations, partnerships, established commercial relationships,
  • Tortious and contractual liability,
  • Defective product management and industrial risks,
  • Non-compliant sales,
  • Law of commercial agents and franchise agreements.
  • Unfair competition and unfair solicitation of clientele or suppliers,
  • Debt recovery,
  • Implementation of indemnity guarantees, post-acquisition price revision clauses,
  • Shareholders’ disputes,
  • Collective proceedings and distressed companies: preventive safeguarding, declaration of cessation of payments, submission of claims, proceedings before the supervisory judge,
  • International law: implementation of conservatory measures abroad (mareva), debt recovery abroad.

 

Examples of Cases:

Representation and assistance of a subcontractor in the automotive industry regarding compensation for abrupt and abusive termination of an established commercial relationship.
Result: The subcontractor will be compensated.

Representation and assistance
,
as a plaintiff, for a software publisher seeking compensation for damages following a fire at the data centers of its hosting provider.
Result: The hosting provider will be ordered to compensate the publisher.

Representation and assistance,
in defense, of a major French construction group in the enforcement of a final judgment to pay €42 million ordered by an appellate court.
Result: The client will only pay €5 million.

Representation and assistance, as a plaintiff, for a French company to conservatively seize all Canadian assets of its debtor.
Result: Freeze of the debtor’s entire assets in Canada obtained, including a villa valued at $2,300,000.

Representation and assistance, as a plaintiff, for a cosmetics company in the case of abrupt termination of commercial relationships and refusal of the partner to settle invoices.
Result: Obtained an interim order condemning the partner to pay all invoices and compensation.

Representation and assistance, in defense, of a major French energy group facing a claim for €5 million in damages for alleged fraudulent maneuvers in the conclusion of a contract.
Result: The partner’s claim is dismissed.

Representation and assistance,
in defense, of a mining and metallurgical company against a leading French maritime transport group claiming payment of freight and estuary invoices totaling €500,000.
Result: The plaintiff’s claim is dismissed.

Representation and assistance, in defense, of a French energy group in a judicial expertise involving a capacitor accident and damages of approximately €1.5 million.
Result: The French energy group is absolved.

Representation and assistance, in defense,of an American packaging company in a judicial expertise related to the poor quality of packaging for infant milk.
Result: The company is absolved.

Representation and assistance, as a plaintiff, for a computer equipment distribution company before the Commercial Court in unfair competition (creation of a competing company with client poaching).
Result: Signing of a settlement agreement.

Representation and assistance of a large industrial heating and air conditioning group in judicial expertises implicating its liability.
Result: The company is absolved.

Representation and assistance of a refrigerated goods transporter in the payment of invoices by a Greek company.
Result: The Greek company is condemned.

Assistance, in pre-litigation, for a major refrigerated goods transporter in negotiations with an energy company over a €300,000 correction invoice resulting from its installation error.
Result: Signing of a settlement agreement.

Representation and assistance of a major retail group in the context of delisting.
Result: Signing of a settlement agreement.

Representation and assistance of the seller of a company seeking a €300,000 price supplement from a major French IT services group.
Result: The full price supplement is obtained in the first instance and confirmed on appeal.

Representation and assistance of a creditor before the supervisory judge regarding a declared claim rejected by the representative of creditors.
Result: Claim fully admitted.

Representation and assistance of an asset management company seeking a €480,000 eviction compensation.
Result: Judicial expertise confirms the initially proposed amount of €270,000; settlement agreement signed. Obtaining exequatur in France for a foreign arbitral award.

Representation and assistance before the Commercial Court of a financial company seeking €455,000 compensation for the violation of an investment protocol.
Result: The adversary is condemned to pay compensation of €300,000.

Representation and assistance of a telecom company in the recovery, in summary proceedings, of invoices.
Result: Expertise in the client’s premises in the presence of the magistrate, client ultimately condemned.

Representation and assistance,
in defense, before the President of the Commercial Court of a software publishing company subject to a computer report by a leading French car rental group.
Result: Partial retraction of the order authorizing the seizure and deletion of a major part of the emails seized in the constat by the bailiff.

Representation and assistance of a Cypriot company owning a yacht that burned during renovation on a Tunisian shipyard due to Greek workers, against the French insurer.

Representation and assistance of a company with an exclusivity contract against third parties violating this exclusivity.

Commercial dept collection for a prefabricated construction material manufacturing company (expertises, summary proceedings, fund)