French law recognises a preferential regime in the case of collective proceedings both for financial collateral under the financial collateral directive regime and for fiducie security.
Two recent noteworthy court decisions have upheld those distinctive regimes.
The Cour de cassation (the highest French civil court) considered the admissibility of a petition before the Constitutional Court (Conseil Constitutionnel) which challenged the constitutionality of the financial collateral directive as a preliminary defence to an application to a case (question prioritaire de constitutionnalité).
The petition contested the bankruptcy remoteness of...