In a very recent decision, the French Court of Cassation finally allowed it to accept an audio recording obtained surreptitiously without the knowledge of the opponent as evidence before the civil judiciary, provided that this recording is the only means of proof available. We believe that this important judicial jurisprudence leads to a careful balance between the principle of integrity of evidence on the one hand and the right to proof on the other hand.

cass. ass. plén 22 decembre 2023.