Press review
6 February 2026

Press Review – Week of 2 February 2026

This week’s press review covers the prosecution’s submissions in the appeal trial of Marine Le Pen, a Cour de cassation ruling concerning self defence and civil fault, the downsizing of Saudi giga projects and the associated litigation risks, as well as the opening of Court of Arbitration for Sport offices for the 2026 Olympic Games.

 

#Criminal litigation and international investigation :

Marine Le Pen’s 2027 candidacy more uncertain than ever following the requisitions in the FN assistants’ appeal trial

On 3 February 2026, during the appeal trial in the Front National parliamentary assistants case, the public prosecutor sought, against Marine Le Pen, a sentence of four years’ imprisonment, including three years suspended and one year to be served, as well as a €100,000 fine and a five-year period of ineligibility, without requesting provisional enforcement. This situation creates uncertainty regarding the potential admissibility of her candidacy in the 2027 presidential election. The Court of Appeal is required to deliver its judgment before summer 2026. Depending on the content of the judgment and the possible filing of an appeal before the Court of Cassation, the legal effects of the ineligibility could be suspended or deferred, leaving open the question of her ability to run in the election. >Read the article

 

#White collar crime :

Acquittal judgment: what role for civil fault in cases of self-defence?

In a decision dated 20 January 2026, the Cour de cassation held that self-defence, as a ground of criminal non-liability, excludes any civil fault and precludes the imposition of civil liability on the defendant for the same facts. In the present case, an individual had been prosecuted for violence resulting in more than eight days’ incapacity after striking a blow during an altercation. The Tribunal correctionnel acquitted him on the basis of self-defence and dismissed the civil party’s claims. On appeal, the judges nevertheless found the existence of a civil fault, considering that the conduct had contributed to the damage. The Criminal Chamber overturned the appellate decision and reiterated that self-defence excludes all liability, both criminal and civil, provided that the response was necessary and proportionate. >Read the article

 

#Arbitration and Mediation :

Could Saudi Arabia face treaty claims over downscaling of giga-projects?

Saudi Arabia has decided to scale back, rephase or restructure several large-scale infrastructure developments, referred to as “giga-projects”, following significant delays, cost overruns and increased financial constraints. These adjustments affect the Neom project, initially valued at several trillion dollars, as well as The Line, the Trojena site and the Mukab project. While Saudi authorities justify these decisions on the basis of a pragmatic approach aimed at ensuring long-term economic sustainability, they raise the issue of the State’s potential exposure to claims under bilateral investment treaties. The admissibility of such claims would depend, in particular, on the existence of a qualifying investment under the applicable treaties, its legal structuring, the attribution of the contested measures to the relevant public entities, and whether the contractual modifications were implemented unilaterally. A negotiated resolution nevertheless remains the preferred approach. >Read the article

 

The Court of Arbitration for Sport (CAS) opens two temporary offices in Milan for the 2026 Winter Olympic Games

For the Milano Cortina 2026 Winter Olympic Games, the Court of Arbitration for Sport (CAS) will open two temporary offices: an ad hoc division and an anti-doping division. The CAS ad hoc division applies tailored and simplified rules to resolve disputes within a short timeframe, sometimes in less than 24 hours. Athletes and sports federations benefit from free access to a dispute resolution mechanism compatible with the Olympic competition schedule. The presidents of both divisions, as well as the arbitrators, are lawyers, judges or professors, all notably specialised in sports law. In addition, a legal advice and representation service provided by the Milan Bar is available free of charge to athletes who may need its. >Read the article

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