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Latest documents

• French Competition Authority Overturns Its Decision-Making Practice: Coordination Between Subsidiaries in Calls for Tenders Is No Longer Anti-Competitive

  According to the decision-making practice of the French Competition Authority (FCA), the coordination between subsidiaries of the same group when submitting coordinated but apparently independent offers in public tenders was traditionally considered collusive bidding, falling under the prohibition of anti-competitive practices by the FCA (i.e., decision 08-D-29 of Dec. 3, 2008, and decision 03-D-07 of Feb. 4, 2003).

• France: Spectacular U-turn on successor criminal liability in M&A transactions

  On 25 November 2020 the French Supreme Court (Cour de cassation) overturned its decade-long case law, ruling that corporations may now be held criminally liable for offenses committed by acquired entities prior to the merger.

• Managing civil disputes in France during the COVID-19 crisis (III)

  The outbreak of COVID-19 has substantially disrupted the management of civil litigation during the first national lockdown of 17 March 2020 to 11 May 2020. French judicial activity was limited to "essential litigation" and business continuity plans were implemented by the French courts.
 
 From 30 October 2020, a second national lockdown was implemented for four weeks in France...

• French Interministerial Mission on Drugs (MILDECA) reacts to CJEU Kanavape judgment

  On 24 November 2020, following the decision of the European Court of Justice (CJEU) in the Kanavape case, the French Interministerial Mission for the Fight against Drugs and Addictive Behaviours (MILDECA) published an update on the legal status of cannabidiol (CBD) in France. The judgment, which was rendered on 19 November 2020, confirmed that CBD is not a narcotic drug and that EU member states may not prohibit its marketing (see our previous post, CJEU landmark ruling confirms that CBD is not a narcotic drug and that member states may not prohibit its marketing).

• Retroactive cuts for French solar feed-in tariffs

  The French National Assembly has adopted, in the first reading of the finance bill for 2021, an amendment tabled by the government that leads to the "retroactive" reduction of the electricity purchase tariff for certain installations, so that the return on capital does not exceed a "reasonable" level. The energy ministry "expects (...) savings of around €350 million to €400 million per year, i.e. around €4 billion over 10 years, which will be reinvested in the form of aid for renewable energies".

• COVID-19 – France’s Second Lockdown: Clarification of Employers’ Legal Obligations

  France has entered its second national lockdown, and most employers are facing great uncertainties with regard to the implementation of the updated national health protocol.

• France considers retroactive solar tariffs cuts, at the risk of facing investment-treaty claims

  On 13 November 2020, the French National Assembly (Assemblée nationale) approved an amendment to the draft Finance Law (Projet de loi de finances) for 2021, which seeks to implement a “targeted retroactive revision” of the feed-in tariff paid to certain photovoltaic electricity producers under contracts signed between 2006 and 2010 (the Amendment).

• Industrial Decarbonization as a Key Element of French Government's Recovery Plan

  On September 3, 2020, the French Prime Minister unveiled the priorities and milestones of France's Recovery Plan to address the economic effects of the COVID-19 pandemic. Based on three main pillars—ecology, competitiveness, and cohesion—the French Recovery Plan includes measures in favor of the decarbonization of industry, which currently represents 20% of annual greenhouse gas emissions in France. To meet the national and European objective of carbon neutrality in 2050, the French Government urges industrial companies to steer their production methods, still largely based on the use of fossil fuels, toward a low-carbon model. In order to support such change, the French Government has earmarked €1.2 billion through 2022 to improve energy efficiency, develop electrification of manufacturing processes, and decarbonize heat production.

• CNIL Guidelines on Cookies and Other Trackers

  The Commission nationale de l'informatique et des libertés (CNIL) is the national data protection authority in France. 
 
 Recently, it announced new guidance on cookies and online trackers (Guidelines). Operators of websites and devices, such as tablets or computers, (Operators) that fall under CNIL’s authority are required to comply with these Guidelines...

• Internal Investigations “à la Française”

  In France, an internal investigation can introduce an array of key challenges for in-house and outside counsel who will need forensic technology experts to navigate new data challenges and ensure their internal investigation obligations are aligned with new guidelines released by the France National Bar Council (CNB).
 
 Please see full Publication below for more information.

Featured documents

• June 2011: Arbitration Update

  France Unveils New International Arbitration Statute: In January, France adopted a statute governing arbitration that took effect May 1, 2011. The statute is intended to maintain France’s role as a leading venue for international arbitration disputes. 
 
 Under the statute, the president of ...

• France Proposes Financial Transaction Tax

  On February 8, the French government released details of a proposed financial transaction tax (FTT). The proposal will be considered by the French parliament and, if passed, will impose taxes on certain transactions in shares and other financial instruments, as well as on high frequency trading (HFT...

• High Court Limits Recovery for Wrongful Termination of Negotiations | La Cour de cassation limite l’indemnisation de la rupture abusive de négociations

  Court holds that parties cannot be compensated for loss of opportunity to perform a contract where there is no firm and binding agreement.
 
 
 
 On 18 September, the French Supreme Court for Judicial Matters (Cour de cassation) issued its ruling in Paul Boyé technologies (Boyé) v....

• New Trade Secret Legislation in France? Mais oui bien sûr!

  If your trade secrets get stolen in France, what protections would you have? Most U.S. trade secret lawyers don’t have occasion to consider trade secret laws outside the United States, but there’s a whole world beyond the Uniform Trade Secrets Act! Other countries also recognize the value of...

• Financial Services Quarterly Report - Third Quarter 2013: French AMF Guidance on Best Practices Regarding Rebates and Inducements in the Marketing of Financial Instruments

  Pursuant to the market practice in France, distributors – such as investment service providers or financial advisors – are not paid directly by investors but rather receive a rebate or inducements from the issuer of the financial instrument (e.g., the manager of the fund when dealing with UCIs)....

• The French Data Protection Authority Fines Google for Breach of French Privacy Laws

  After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January 3rd 2014, a decision ruling that Google’s privacy policy did not comply...

• French Constitutional Court Rules on the “Florange” Law

  Court upholds some of the law’s requirements but deems provisions on sanctions to be unconstitutional.
 
 
 
 The French Constitutional Court rendered an important decision on 27 March regarding the validity of the so-called “Florange” law, which was adopted by the French Parliament ...

• Focus on Regulatory Law - June 2014

  In This Issue:
 
 
 
 Regulatory Authorities -
 
 
 
 ..Securities and Market Authority
 
 ..Authority for the Regulation of Electronic Communications
 
 ..Data Protection Authority 
 
 ..Commission Nationale Informatique et Libertés (CNIL) &#1...

• Law on Gender Equality of August 4, 2014

  It’s back-to-school time: the French legislature has prepared a few surprises for you in labor law!
 
 
 
 The Law of August 4, 2014 — named in reference to true equality between men and women in France — contains measures aiming to favor workplace equality, ensure parity, and...

• Plaidoyer pour la suppression totale de la réglementation du TEG pour les entreprises

  Après la réforme opportuniste du taux effectif global pour les prêts toxiques précédemment consentis aux entreprises et collectivités publiques, le Conseil de simplification devrait proposer une réforme plus globale et opportune pour l’ensemble des entreprises.

 

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