Stéphane Bonifassi urges the French court system to look to the example of European neighbors and consider a better plan for due process: rethink how justice is served, reduce the number of cases that go to trial, and improve efficiency in conducting these trials.
Author: Elizabeth Ortega
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We are so thankful for clients and partners whose commitment gives us opportunities to handle complex litigation while raising families, in the knowledge that our Bonifassi Avocats careers continue to grow.
Marie Poirot and Stéphane Bonifassi question compatibility of article L.153-1 of the French Monetary and Financial Code
On behalf of their client, creditor of the Central Bank of Iraq, Marie Poirot and Stéphane Bonifassi question the compatibility of article L.153-1 of the French Monetary and Financial Code, which requires prior authorization from the enforcement judge to seize the assets of a foreign central bank, an authorization that is subject to the demonstration that the seized funds are used for an activity governed by private law. Recently, the European Court of Humanitarian Rights (ECHR) has communicated the client’s request to the French Government, accompanied by three questions:
1. In view of the principle of immunity from execution, has the applicant suffered a disproportionate limitation of its right to the effective enforcement of judicial decisions, guaranteed by article 6 § 1 of the Convention?
2. In particular, does the application of the principle of immunity from enforcement in the present case correspond to the generally accepted rules of international law on State immunity at the time of the facts of the case?
3. Could the refusal of the Court of Cassation to pass on the priority question of constitutionality have had consequences for the overall fairness of the trial?
Access the full press release from the ECHR.
Bonifassi selected for Best Lawyers in work in criminal defense and litigation work
Stéphane Bonifassi was selected for the 13th edition of Best Lawyers in France. He was chosen by peers for his work in criminal defense and litigation.
Stéphane Bonifassi and Marie Poirot share with delegates During ICC France’s first Masterclass
During ICC France’s first Masterclass in France, “The enforcement of arbitral awards against States,” Stéphane Bonifassi and Marie Poirot were pleased to share with the attending delegates that in 2017 Bonifassi secured an unprecedented decision from the Paris administrative court, which annulled the French Treasury’s irrational refusal to authorize the unfreezing of assets attached by creditors of sanctioned entities.
Bonifassi and Paksüt contribute to Anti Money Laundering Report 2022
Stéphane Bonifassi and Sinem Paksüt are pleased to once again contribute the French perspective in Global Legal Group’s Anti-Money Laundering 2022 chapter.
Bonifassi and Chatelin co-author Corporate Investigations 2022
Stéphane Bonifassi and Victoire Chatelin co-authored Global Legal Group’s corporate investigations 2022 French chapter.
France sharpens its rules on companies sharing information abroad
In an article published by Global Investigations Review, Stéphane Bonifassi shares his perspective on France adjusting companies’ rights to share information with foreign agencies and how these policy tweaks are impractical. You can access the article here.
Marie Poirot presents on liability in cross-border investigations
At the 23rd Annual IBA Transnational Crime Conference, Marie Poirot presented on laws and strategies aimed to protect individuals from liability in cross-border investigations.
Stéphane Bonifassi and Sinem Paksüt review chapter in GLG’s Sanctions 2022
Stéphane Bonifassi and Sinem Paksüt once more had the opportunity to review GLG’s Sanctions chapter from a French perspective. They found that, according to the newly enacted French Book of Tax procedure Articles L.135 T and L.167, the same government agencies responsible for preparing and enforcing asset freezing measures are also granted direct access to certain databases of the French Tax Administration.
To learn more, access the full chapter here.