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Defective product: The manufacturer remains liable for a safety defect in its machine even if the victim has made unauthorised modifications to it – only the amount of compensation may be reduced

Published on : 02/10/2026 02 October Oct 10 2026 10h53 10 53
Actualités
Defective product: The manufacturer remains liable for a safety defect in its machine even if the victim has made unauthorised modifications to it – only the amount of compensation may be reduced
A farmer had bought a straw baler whose rear door was too narrow to allow him to enter the machine. He had therefore widened the opening so that...

Subcontracting: the project owner may be required to pay for additional works

Published on : 30/09/2026 30 September Sep 09 2026 10h46 10 46
Actualités
Subcontracting: the project owner may be required to pay for additional works
In a judgement of 3 September 2026, the Court of Cassation reiterated the obligations of the project owner towards approved and authorised subcon...

Inexcusable fault on the part of the employer: towards more comprehensive compensation for damages!

Published on : 16/09/2026 16 September Sep 09 2026 16h45 16 45
Actualités
Inexcusable fault on the part of the employer: towards more comprehensive compensation for damages!
In a judgement of 3 September 2026, the Court of Cassation strengthened the rights of employees who have suffered a workplace accident attributable...

Asbestos: The Burden of Proof for Benefits Deductible from Compensation Lies with FIVA

Published on : 19/08/2026 19 August Aug 08 2026 15h50 15 50
Actualités
Asbestos: The Burden of Proof for Benefits Deductible from Compensation Lies with FIVA
An employee died in 2019 from mesothelioma, a condition linked to asbestos exposure and recognized as an occupational disease. Following his death,...

Construction Insurance: Exceeding the maximum covered amount may result in no coverage!

Published on : 06/08/2026 06 August Aug 08 2026 12h14 12 14
Actualités
Construction Insurance: Exceeding the maximum covered amount may result in no coverage!
In a ruling dated July 2, 2026, the Third Civil Chamber of the Court of Cassation reminded construction professionals of the importance of reviewin...

Fatal accident at work: medical confidentiality does not deprive the employer of their right of recourse!

Published on : 29/07/2026 29 July Jul 07 2026 14h56 14 56
Actualités
Fatal accident at work: medical confidentiality does not deprive the employer of their right of recourse!
In a judgement of 2 July 2026, the Second Civil Chamber of the Court of Cassation refused to refer to the Constitutional Council a priority prelimi...

The exclusion of a risk from the cover, by the insurer, is valid provided that the clause is explicit and limited, and this ‘contractual exclusion’ of the risk does not constitute wilful misconduct or fraud

Published on : 23/07/2026 23 July Jul 07 2026 14h42 14 42
Actualités
The exclusion of a risk from the cover, by the insurer, is valid provided that the clause is explicit and limited, and this ‘contractual exclusion’ of the risk does not constitute wilful misconduct or fraud
The insurer’s exclusion of a risk from cover is valid provided that the clause is explicit and limited, and this ‘contractual exclusion’ of the ris...

Latest news on key information regarding the limitation period for claims for anxiety-related damage

Published on : 20/07/2026 20 July Jul 07 2026 16h39 16 39
Actualités
Latest news on key information regarding the limitation period for claims for anxiety-related damage
On 29 May 2026, the Court of Cassation, sitting in a joint chamber, provided crucial guidance on the limitation period for claims relating to anxie...

Commercial equipment: the informed buyer cannot always claim a failure to provide advice

Published on : 16/07/2026 16 July Jul 07 2026 14h36 14 36
Actualités
Commercial equipment: the informed buyer cannot always claim a failure to provide advice
A company operating a quarry had purchased a new crawler excavator from a professional seller. Citing numerous malfunctions in the equipment, it ha...
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