Unfair evidence

In a ruling handed down on December 22, 2023, the French Supreme Court (Cour de cassation) reversed its long-standing case law, admitting that unfair evidence may be presented to a judge if it is essential to the exercise of the litigant's rights. However, taking such evidence into account must not disproportionately infringe the fundamental rights of the opposing party.

Cass. ass. plen. december 22, 2023, 20-20.648 and 21-11.330