The decision issued on 12/3/2008 by the Commercial Court of Nanterre imputes fault to the leaders of Rhodia. This mistake is made by a breach of a "general duty of competence, diligence and action in the interest of society" and "appeasement wrong" leaders.
Consequently, they are condemned to repair this fault, personally and 2.1 million Euros. Of course, the leaders have appealed. The effects of the decision are suspended.
Many ways have criticized the reasoning of judges. The economic power of persons referred promises a long and bitter struggle. Whatever the outcome, it should however be seen as a confirmation and new perspectives.
First is the confirmation of a trend: the rise of the fault, the star of soft law.
In this regard, the application made in 2008 by courts LCEN (Law for Confidence in the Digital Economy) is instructive. Thus, the TGI of Troyes was sentenced June 4, 2008 the company Ebay watched because it does not "in the absence of improper use of that site." For its part, the Commercial Court of Paris condemned June 30, 2008 the same company because it had failed "to fulfill its obligation to ensure that its activities do not generate illegal acts."
All these decisions have in common is the penalty for a breach of duty of care to those who are in charge. The scenarios the same kind are innumerable. If all shareholders assigning court leaders lacking vigilance, the current means of the judiciary no longer suffice. The right to act for shareholders is simple regulated by law.
Thus Article L.225-120 of the Commercial Code requires in particular that all shareholders must hold at least 5% of voting rights to associate and to exercise their rights when the capital of a company anonymous exceeds 750,000 Euros.
is in this context that Web 2.0 makes its debut. What could be easier for shareholders to come together using the forums and other collaborative features offered by today's Internet?
Soon, these shareholders can come together to provide the means to act, including in court. This ability is beginning to bear fruit, such as consumer law, where some forums are references. They are practically entered the habits of Internet users, therefore each.
Tomorrow, disgruntled shareholders can create their own forums. The traditional general meetings will be supplanted by alternative communities. They may pretend to regulate the behaviors of leaders and the legal standard that is the fault will be their sword of Damocles.
leaders of financial companies and especially the managers of the Fund could become subject to these regulations coming. The public interest would emerge victorious.
Through judicial interpretation of the fault and the reinforcement of the means of communication provided by Web 2.0, the benefits of perfect competition would cease to be virtual.
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