Case EADS: the echoes of the hearing
Lawyers thwart the security arrangements at the Palais Brongniart
Monday, November 23 is the day j. The 17 questioned and their lawyers converge on the Palais Brongniart which will open at 9 am hearing. Fr?d?ric Peltier, one of the lawyers of EADS, parked his scooter Rue Notre Dame des Victoires. It is 8:15. It comes with the guards of the ancient temple of the Exchange side "little entrance". But to see spurned. For lawyers and lawyers is the main entrance Rue Vivienne, he launched the guards. Counsel toured the building and enter through the "grand entrance". He wanders the corridors of the MFA, where he met other colleagues including the Master Deleuze. They eventually enter the courtroom where there are several members of the AMF. What are you doing here? How did you come? surprised them.Unwittingly, some lawyers have foiled security system set up specifically for this extraordinary hearing!
A large room with small tables
The hearing takes place in a room in the Palais Brongniart, which can accommodate a hundred people. Each respondent has a pre-assigned spot with his lawyers. The seats are comfortable but the tables to make the voluminous documents are narrow and impractical. There is also a little too hot in the room. But the MFA has done his best to hold this special meeting of its duration (one week), because of its size and quality of debate. We have never seen such a concentration of lawyers gathered in one place. Each respondent is accompanied by two or three senior lawyers who themselves come with their assistants. A total of nearly 80 lawyers are willing to participate in debates.
The MFA is she competent?
Fr?d?ric Peltier, one of EADS 'lawyers, pleaded incompetence of the French gendarme market (AMF). It relies on a directive (text that must be transposed into national law of each member of the European Union) EU adopted January 20, 2007. It stipulates that companies listed on several European markets can not depend on individual country regulators that their security is the stock market. The directive states that depend on the stock of Constable country where their headquarters office. For EADS, it is the Netherlands since the headquarters is based in Amsterdam. That is why the BaFin, the German equivalent of the AMF French (AMF) has been divested of the investigation into the alleged insider trading unlike its French counterpart. "Is this a new French exception?" Questioned several defenders.
The minutes of hearing of McKinsey on tables.
Thursday, November 19, Noel Forgeard, the main accused in the case lodged itself at home AMF Place de la Bourse in Paris, an envelope containing a letter addressed to Daniel Labetoulle the Chairman of the Disciplinary Commission of the AMF, with a copy of the minutes of hearing consultants McKinsey by the police financial brigade in early 2007. The defense believes that this is an essential part because those experts have conducted a mission at Airbus between December 2005 and June 2006 to resolve industrial problems of the A380. They proposed in mid-March 2006 and considered possible solutions to meet deadlines. Lawyers have found this document on their desk Monday morning, entering the room where the hearing is held at the Palais Brongniart.Noel Forgeard is liable to a fine of several thousand euros for having sent a copy of this document was in the record of legal proceedings.
A Thierry Francq document leaked to the press
On 1 April 2008, the MFA press release informs that it will notify the objections to individuals and companies it suspects. It has taken this decision following the final report prepared by the department investigation. On 8 April, a website publishing the report in its entirety. The criminal investigation has proved that this document was one that had been given to Thierry Francq who was then the government commissioner, state representative, College of MFA. This document was accessible to several people at Bercy where he was stationed. Since Thierry Francq was appointed by Jean-Pierre Jouyet, the new President of MFA since December 2008, Secretary General of the Constable of the Exchange.A few cases commonplace.
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