Commercial law &
litigation in France
France has its own legal and court systems, which may differ from other legal systems, while also bearing similar features with other EU countries. Companies doing business in France are therefore well-advised to understand and comply with the specific legal requirements and court procedures in order to minimize legal and financial risks.
Our firm provides you with in-depth expertise in French commercial law and offers skilled guidance in litigation at all levels – from the initial consultation to the final decision.
Pierre-Yves Samson, LL.M. (Berlin)
Pierre-Yves Samson has been admitted to the Paris Bar as a French lawyer (avocat à la cour) after taking the oath before the Court of Appeal of Paris on January 10th 2008.
His main areas of practice are business law and litigation in civil and commercial matters.
He brings his many years of experience and undiminished enthusiasm for his profession to serve his clients, particularly small and medium-sized companies from Germany, Austria, and Switzerland.
Avocat à la Cour (Paris), E.I.
Email : py@samson.legal
Address : c/o Lechler - Bernardy - Millot, avocats à la cour, 11 rue Edouard Detaille, F-75017 Paris - France
“My work is based on clear principles.”
Areas of Practice
Commercial Law, Distribution Law, Litigation (including debt collection, bank guarantees, industrial damages), Insolvency Law, International Sale of Goods convention, Enforcement of Court Judgments, and White-Collar Criminal Law.
The firm offers a global service, especially for cross-border matters, and collaborates with chartered accountants as well as specialized lawyers in tax law and intellectual property/IT law, all of whom have extensive experience in advising small and medium-sized enterprises.
Languages
English, French, German
As a member of various international business lawyer associations, he has built a network of legal practicioners abroad over the years, maintaining close personal contacts.
Professional and Business Associations
- International Association of Young Lawyers (AIJA)
- DACH – Association of German-Speaking Lawyers
- Think Tank ILEX (International Litigation Exchange)
- INSOL
- WeCon Business Network
Professional Background
- Postgraduate in EU Competition Law, King’s College London (2010)
- Sworn in before the Paris Court of Appeal on January 10, 2008
- Bar legal training in Rennes, Berlin, and Paris (2006–2007)
- LL.M. in German and European Law, Humboldt University of Berlin (2005), with honours
- Master’s in European Union Law (Procedural Law), University of Luxembourg (2003), with honours
- Master’s in European Union Law, University of Rennes (Erasmus – Katholieke Universiteit Leuven) (2002), with honours
- Master’s in Public Law, University of Rennes (2001)
- Licence (Bachelor’s) in Civil Law & Public Law, University of South Britanny (2000), with honours
International
For many years, the firm has built contacts with lawyers at other business law firms, primarily within the European Union. These are colleagues with whom personal connections have been established. Mr. Samson travels on business several times a year to further expand this network.
Fees & expenses
1- In France, attorney fees and expenses are invoiced according to an agreement with the client. There is no statutory or table-based fee, for instance based on the amount in dispute.
Depending on the case, the fees can be billed in the following ways:
- Based on time spent, at an agreed hourly rate, or
- As a flat fee covering all services provided, which may be increased under certain conditions.
- Additionally, a so-called “success fee” may be agreed upon. This fee is a percentage of the gains obtained through your attorney’s work.
When determining the fee, the following criteria are taken into account:
- The complexity of the matter,
- The nature of the tasks to be performed,
- The time required to handle the case.
Costs incurred by the firm in performing their services are billed together with the fee. These costs mainly include travel expenses and the fees or charges of other service providers (local lawyer, bailiffs, commercial register, etc.). They are passed on to the client at cost price, with supporting documentation attached.
The firm reserves the right to request an advance on fees and costs.
2- In proceedings before French courts, each party bears its own legal fees, even if it prevails. Legal fees in France are not considered reimbursable fees or procedural costs.
At the request of the parties, the courts often grant a “costs indemnity” to the winning party, to be paid by the losing party/ies. However, the amount seldom covers the costs actually incurred by the party in respect of legal fees.
This principle — where each party bears its own attorney fees — can be mitigated in debt collection matters between business entities thanks to the European Union law.
Legal fees and costs may be covered by legal expenses insurance. It is essential to verify and confirm coverage under such insurance before initiating any proceedings (whether judicial or otherwise). If you have subscribed a legal expenses policy, you remain free to work with an attorney of your choice; the insurer cannot impose a practicioner on you.
3- In the event of a dispute over the amount of fees, the President of the Paris Bar Association is competent to render an initial decision. An appeal may be filed against that decision, in which case the determination of the fees will fall under the jurisdiction of the Paris Court of Appeal.
Insurance:
The firm has professional liability insurance providing coverage of up to €4 million per claim. If the client believes that this amount is insufficient, it is his responsibility to inform the firm, which may then arrange additional insurance. It is hereby agreed that that by entrusting a mandate to the firm the client waives any claim for damages exceeding the insurance coverage limit.