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France: Cour de Cassation Decision on Google

(Aug. 1, 2012) On July 12, 2012, the Cour de Cassation, France's Supreme Court for civil and criminal matters, ruled that a search engine that systematically sends users, by automatically suggesting key words associated with their queries, to websites containing music files made available to the public without the consent of the files' authors should […]

France: 2012 Finance Law Amendment

(July 13, 2012) On July 4, 2012, Pierre Moscovici, France's Minister of Economy, presented a revision of the 2012 Finance Law to the Council of Ministers. (Loi de finances rectificative pour 2012, Portail du Gouvernement (July 4, 2012).) The amended budget is designed to meet the promise of holding the budget deficit to 4.5% of […]

France: Google Reaches Agreements on E-Books with French Publishers Association and Authors Group

(June 15, 2012) On June 11, 2012, Google and the French Société des Gens de Lettres (SGDL) announced that they had signed an agreement that ends a lawsuit on copyright infringement begun against Google in 2006. The primary mission of the SGDL is to defend authors' copyrights. (La SGDL et Google ont signé un accord […]

France: Foreign Nationals Cannot Be Placed in Police Custody for Lack of Documentation

(June 15, 2012) In an opinion rendered on June 5, 2012, the Criminal Chamber of the Cour de Cassation, France's Supreme Court for civil and criminal matters, found that foreign nationals cannot be placed in police custody (garde à vue) for the sole reason that they are undocumented. (Avis n° 9002 du 5 juin 2012 […]

France: Law on Identity Protection

(Apr. 11, 2012) Law 2012-410 of March 27, 2012, on Identity Protection was published in France's official gazette of March 28, 2012, without several of its original provisions. (Loi n° 2012-410 du 27 mars 2012 relative à la protection de l'identité, LEGIFRANCE.) The Constitutional Council, the body that reviews French laws for their constitutionality, had […]

European Court of Human Rights; France: Adoption for Same Sex Couples

(Mar. 30, 2012) On March 15, 2012, the European Court of Human Rights (ECHR) determined that there is no right of a person in a same-sex union to adopt a partner's child under the European Convention for the Protection of Human Rights and Fundamental Freedoms. (CETS No. 005, as in force on June 1, 2010, […]

France: Law on Digital Exploitation of Unavailable Books

(Mar. 26, 2012) France's Law 2012-287, of March 1, 2012, on the Digital Exploitation of 20th Century Unavailable Books, was published in France's official gazette of March 2, 2012. (LOI n° 2012-287 du 1er mars 2012 relative à l'exploitation numérique des livres indisponibles du xxe siècle, LEGIFRANCE.) This Law adds a new chapter to the […]

France: Paris Commercial Tribunal Found Google Maps Guilty of Unfair Competition

(Feb. 13, 2012) On February 1, 2012, the Paris Commercial Tribunal found Google and its French subsidiary guilty of unfair competition. The plaintiff, the French cartography company Bottin Cartographes, claimed that Google was abusing the dominant position of its Google Maps application in providing temporarily free web mapping services to some businesses with the aim […]

Haiti: Dictator Duvalier Only Facing Charges for Embezzlement of Public Funds

(Feb. 7, 2012) On January 30, 2012, investigating judge Carvès Jean rendered an order sending former dictator Jean Claude Duvalier before the competent Haitian tribunal correctionnel for embezzlement of public funds. The offense carries a maximum sentence of five years of imprisonment. Duvalier, who had been placed under house arrest upon his return to Haiti […]

France: Law on Denial of Recognized Genocide Crimes Challenged Before Constitutional Council

(Feb. 2, 2012) On January 23, 2012, the French Senate adopted, without any modifications, the draft law passed earlier by the National Assembly making a criminal offense “the denial or extreme minimization of one or several genocide crimes as defined in article 211-1 of the Penal Code and recognized as such by French law via […]