The recent evolution of the grounds of the commercial chamber of the Court of Cassation in cases related to the production of evidence covered by banking secrecy does not call into question the general position of jurisprudence respecting the prohibition for banks to breach the secrecy they owe to their clients.
In recent years, French jurisprudence reflects the deployment in domestic law of a trend inspired by European sources – the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) – aiming to make an exception to banking secrecy under Article L. 511-33 of the Monetary and Financial Code when its violation is indispensable to the exercise of the right to evidence and proportionate to the conflicting interests of the parties.
This deployment seems to us to be, with a few exceptions, in line with the solutions adopted so far and in compliance, necessarily, with the provisions of domestic law derived from imperative legislative provisions.
If you wish to consult the article in its entirety, click on this link
