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Latest documents

• French Competition Authority's record fine overturned on appeal

  On 6 October 2022, the Paris Court of Appeal (CoA) partially overturned the French Competition Authority (FCA)’s record EUR1.2 billion fine on Apple and two of its wholesalers, Ingram Micro and Tech Data, for antitrust infringements involving product and customer allocation, resale price maintenance and the French law concept of abuse of economic dependency. Our alert sets out the details of the CoA’s ruling and its implications for the calculation of fines and the structuring of antitrust-compliant distribution networks. Please see Publication below for more information.

• New Whistleblower Protections in France: Considerations for Companies

  Companies operating in France should implement or adapt their reporting mechanisms to comply with the new requirements. 
 
 On 1 September 2022, new protections for whistleblowers in France entered into force. The protections were passed on 21 March 2022 as law No. 2022-401 (the Law).
 
 Please see full Alert below for more information.

• Analysis: French Sanctions Regime for Digital Asset Service Providers and Token Issuers

  Various sanctions may apply against DASPs and token issuers that operate in France in contravention of applicable rules. 
 
 France was a pioneer in establishing a legal framework for the regulation of digital assets and related services following the enactment of the Loi Pacte in May 2019. In particular, the regulated status of Digital Asset Service Provider (DASP) was introduced into French law as the cornerstone of the local digital asset regulatory framework. 
 
 Please see full Alert below for more information.

• Bulletin Concurrence IV - Paris │ Avril ● Mai ● Juin 2022

  1. CONTENTIEUX - PREMIÈRE DÉCISION D’ENGAGEMENTS DE META -
 
 Par une décision du 16 juin 2022, l’Autorité de la concurrence (ADLC) a rendu obligatoires les engagements proposés par Meta, qui marquent, à notre connaissance, sa première procédure contentieuse négociée. 
 
 Please see full Publication below for more information.

• French Supreme Court Validates Caps on Damages for Unfair Dismissals

  For employers doing business in France, the court’s recent decisions mean more predictability in the amounts that judges can award in case of unfair dismissals. 
 
 In two landmark decisions on 11 May 2022, the Employment Chamber of the French Supreme Court confirmed that the grid of maximum caps on damages amounts that judges can allocate for unfair dismissals from work are fully valid. The decisions confirm a cornerstone of President Emmanuel Macron’s labor law reform of 2017.
 
 Please see full Alert below for more information.

• Analysis: Impact of French Ordinance Relating to Guarantees and Security in Respect of Annual Information Obligation

  The Ordinance’s extension to grantors of French law security interests in rem is likely to have a practical impact on lenders. 
 
 Key Points: 
 
 ..The obligation of lenders to provide grantors of cautionnements (guarantees) of bank loans, etc., with certain information regarding the guaranteed obligations by 31 March each year has been maintained as part of the reform of security interests that came into effect on 1 January 2022. 
 
 ..The uncertainty as to whether this obligation applies to guarantees granted under a law other than French law but where there is a nexus to France has not been resolved. 
 
 ..The right to such information has been extended to grantors of French law security in rem.
 
 Please see full Alert below for more information.

• French Government Seeks to Regain Control Over Enforcement of French Blocking Statute

  A new decree and a ministerial order strengthen cooperation between French ministries, reflecting the government’s desire to monitor more closely certain foreign discovery requests. 
 
 Overview - 
 
 Originally enacted in 1968 in response to US antitrust investigations into French shipping companies, and subsequently modified in 1980, the French Blocking Statute (FBS) was initially aimed at protecting French nationals (i.e., citizens and corporations) from the alleged excesses of US discovery procedures.
 
 Please see full Alert below for more information.

• French Parliament Publishes Evaluation Report on Corporate Duty of Vigilance Law

  The report, published on 24 February 2022, assesses the implementation of the existing French corporate duty of vigilance law. 
 
 French Statute No. 2017-399 of 27 March 2017 (the 2017 Statute) created a duty of vigilance (devoir de vigilance) for companies crossing determined thresholds (see definitions on page 3). Such companies are required to implement a public, comprehensive plan aimed at identifying risks and preventing and mitigating serious violations of human rights, human health, and the safety of the environment. With the 2017 Statute, France bolstered what now appears to be a global movement of regulation of corporate activity through supply chain-related legislation, as it was quickly joined by the Netherlands (2019, in relation to child labour only), Germany (2021), and now possibly the EU (for more details, see this Latham Client Alert). Meanwhile, Belgium, Norway, Finland, and Luxemburg are discussing similar legislation. The UK implemented the Modern Slavery Act in 2015.
 
 Please see full Alert below for more information.

• Life Sciences Law Review - 10th Edition, France Chapter

  France is generally known for its high quality and also highly regulated healthcare system. As an EU Member State, France has implemented the EU medicines and medical devices regimes. This chapter should therefore be read in conjunction with the EU chapter and will focus on the specifics of the French regulatory regime. France has codified the essential rules on medicines and medical devices in the French Public Health Code, which encompasses both statutory and regulatory provisions.
 
 Originally published in Life Sciences Law Review, 10th Edition - February 2022.
 
 Please see full Chapter below for more information.

• Establishing a Business Entity in France (Updated)

  1. Types of Business Entities - 
 
 • Description of the types of entities available in each jurisdiction through which to conduct business - 
 
 Business may be conducted in France either through a French branch of a foreign company (1) or through a French company (2). Both are considered to be forms of direct investment in France.
 
 Please see full Chapter below for more information.

Featured documents

• The Paris Energy Series No. 5: Drafting Oil and Gas Dispute Resolution Clauses: (it’s always) time to think more creatively

  It may be that as a judge I have a distorted view of some aspects of life, but I cannot imagine a contract particularly one of any size, which does not give rise to some disputes. This is not to the discredit of either party to the contract. It is simply the nature of the beast. What is to their...

• French employees should check their privacy settings before posting on social media platforms

  It may seem obvious to a lay person that employees should refrain from insulting their companies on social media due to the threat of termination for cause; however, there are contradictory legal principles that apply to the use of social media by employees which can be used both for and against...

• France Shows its Support for Innovation by Improving its Research Tax Credit (RTC) System in the Draft Finance Act for 2013

  Large industrial, commercial and agricultural companies which are subject to company tax (or income tax on industrial and commercial profits) have been enthusiastic about the RTC system since its adoption. It is now proposed that the package should be extended to small and medium-sized enterprises (...

• Paris Energy Series No. 8: Beware of the Boilerplate – The Risks of Standard-form Clauses in Common and Civil Law Jurisdictions

  1. Introduction -
 
 
 
 When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the back of the contracts can receive scant scrutiny in the race ...

• Useful Facts on French Jurisdiction | Rappels Utiles sur la Compétence

  Recent cases offer practical applications of jurisdiction clauses or jurisdictional competence clauses.
 
 
 
 Several recent cases decided by the Cour de cassation (the French Supreme Court for Judicial Matters) offer some useful reminders regarding the issue of jurisdiction. These ...

• Whistleblowing and Data Privacy in France: A New Pragmatic Approach for Employment and Discrimination Claims

  The French data protection authority has extended the scope of whistleblowing protections to employment and discrimination claims.
 
 
 
 ...

• Exemptions for Energy Intensive Companies From Renewable Energy Surcharges: Commission Opens In-Depth State Aid Investigation Against France

  The European Commission has opened an in-depth State aid investigation into a French scheme, under which energy intensive companies are exempted from renewable energy surcharges. The decision to open the formal investigation comes only days before the announced date for the publication of the new...

• French 3 Per Cent Tax on Distributions: French Subsidiaries of Foreign Companies Should Consider Claiming a Refund

  Scope of The 3 Per Cent Tax -
 
 
 
 The 3 per cent tax is levied on dividend distributions and/or deemed dividend distributions by French companies, French permanent establishments and other French entities that are liable for corporate income tax in France. For French tax purposes,...

• New Amendment To The France-Luxembourg Tax Treaty: Capital Gains On Sale Of Real Estate Entities Will Be Taxable In The State Where The Real Estate Assets Are Located

  Based on the press release issued by the Luxembourg Ministry of Finance (MoF), the amendment allocates the right to tax capital gains realised upon the sale of stock, shares or other rights in companies, trusts or any other entities whose assets are predominantly composed of real estate assets to...

• L’influence de la culture sur la pratique de l’arbitrage international : une perspective personnelle

  The author seeks to demonstrate the importance of culture in international arbitration by reflecting on his own personal experience in the arbitration department of a large international firm. Culture plays a critical role in international arbitration as cases often involve clients from different...