The EQA Avocats litigation department handles all types of legal cases whether under the jurisdiction of the commercial courts, the judicial courts, the enforcement judge or the courts of appeal, whether our client is the claimant or the defendant, in both full and summary proceedings.
Over the last 15 years, our lawyers have built up particular experience in commercial cases of all types, such as:
- corporate law disputes between shareholders, cases between shareholders and their companies, between shareholders and directors, between a company and a former director or between the company and third parties,
- debt collection, action for recission of contract or to enforce contractual responsibility, founded in common law or for abrupt termination of an established commercial relationship, and more generally cases of practices limiting competition,
- action for unfair competition, in particular breaches of provisions relating to sales on temporary premises and clearance sales,
- defending the validity and securing the acceptance of all tangible asset securities (retention of title, pledges with or without dispossession) or personal securities (ordinary or autonomous guarantees, letters of comfort),
- conciliation, solvency safeguarding, receivership and liquidation procedures.
We represent our private clients, and in particular natural persons before the civil courts in cases such as:
- actions within the frame of inheritance proceedings,
- acquisitive prescription acknowledgment, enforcement of real estate transfers, debt collection of tie-up compensations, challenges to allocation of current charges in co-owned buildings, latent defects in constructions and leaks and flooding,
- preventive seizures, allocation-seizure, foreclosures and seizure-and-sales,
With the support of colleagues of the tax department, our litigation team may submit claims to the tax authorities and handle tax litigation before the administrative courts to contest proposals of rectification for all types of tax (corporate tax, value added tax, income tax, inheritance tax, land registry fees, etc.).
Last but not least, our attorneys have gained particular skills and expertise in handling legal procedures to make European and non-European judgments enforceable in France but also in handling foreign and multi-jurisdiction disputes. Where necessary, these cases are handled in coordination with the firm’s network of international partners.The litigation department offers beforehand an evaluation of the merits of the case at hand and the risks involved in bringing or defending it. In close collaboration with the client, the department puts together a winning strategy that combines a sophisticated understanding of case law and doctrine and wherever appropriate, full exploitation of any procedural flaws that may exist. This department also represents clients when negotiating out-of-court settlements and in arbitration and judicial mediation proceedings.
