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- Le Bareme Macron Est Valide Par La Cour De Cassation
La Cour de cassation, dans deux avis du 17 juillet 2019 (n°15012 et 15013), s’est prononcée favorablement sur la conformité du barème Macron aux textes internationaux, mettant ainsi un terme au débat suscité par plusieurs conseils de prud’hommes refusant d’en faire application.
- Publication of a new decree aimed at improving energy performance in existing buildings used for tertiary sector activities
Since 2010, French law has required that actions be undertaken to improve the energy efficiency of buildings dedicated to tertiary sector activities in order to optimize their energy performance.
- Competition Newsletter August 2019
New sanction by the French Competition Authority of a market-partitioning practice - On July 8, 2019, the French Competition Authority fined the cooperative Back Europ France €1.7 million for having implemented since 1989, i.e. for 30 years, a horizontal agreement between its members, whose purpose was to share the market territorially.
- The First PNF/AFA Common Guidelines
When Law No. 2016-1691 (Sapin II Law) created the convention judicaire d’intérêt public (CJIP), modeled after the American deferred prosecution agreement (DPA), it was feared that the existence of potentially dueling French agencies prosecuting corrupt practices of companies and administrations — the Parquet national financier (PNF) and the Agence française anticorruption (AFA) — might lead to a rivalry that undercut the effectiveness of their actions.
- Much-Awaited Clarifications on the French Deferred Prosecution Agreement
The French National Financial Prosecutor and the French Anticorruption Agency have released guidelines on the French deferred prosecution agreement, that offers a few welcome clarifications. After years of debate on the compatibility of transactional mechanisms with the French culture of criminal prosecution, Article 22 of Law No. 2016-1691 of December 9, 2016 (Sapin 2 Law) introduced a procedure called Convention Judiciaire d’Intérêt Public (CJIP), a French version of the deferred prosecution agreement (DPA). Since the implementation of the Sapin 2 Law, six CJIPs have been signed and published. Four of them relate to matters of international or national corruption, whereas the other two concern money laundering and tax evasion cases. Please see full Alert below for more information.
- U.S. government investigates potential threat to e-service providers: France’s Digital Service Tax
On 10 July 2019, the Office of the U.S. Trade Representative (USTR) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 into France’s Digital Services Tax (DST) to determine whether the tax is discriminatory or unreasonable and burdens or restricts United States commerce. Please see full Publication below for more information.
- Official Guidance Clarifies Eligibility Requirements for "French DPAs" in Corruption-Related Matters but Raises Key Questions - The Financial Public Prosecutor and the French Anticorruption Agency are working hand in hand to fight corruption.
The Financial Public Prosecutor and the French Anticorruption Agency ("FAA") have recently adopted guidelines on the implementation of the "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred prosecution agreement, or "DPA," which has been the subject of other Jones Day publications. While these guidelines shed light on the circumstances under which companies may be eligible for a CJIP, they raise important questions that will warrant close scrutiny as the guidelines are applied in specific cases.
- French Anticorruption Agency's Enforcement Committee Hands Down First-Ever Decision
The Enforcement Committee of the French Anticorruption Agency ("FAA") handed down its first decision on July 4, 2019. The decision follows the Agency's three-month audit (October to December 2017) of the involved company's compliance program.
- New French PACTE Law – How Is It Affecting French IP Law?
The Action Plan for Business Growth and Transformation of Companies (PACTE) law, which was promulgated on 22 May 2019, includes provisions affecting several areas of French intellectual property law.
- French Court Orders French Competition Authority to Disclose Antitrust Investigation Documents
On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action. This order could significantly strengthen ...
- One year of Data Protection Enforcement in France: what the CNIL's Activity Report Reveals
The French Data Protection Authority (“CNIL”) has recently issued its activity report for 2011. It provides us with some interesting data and allows us to reflect on the ever-growing importance of privacy and data protection in France. Video-surveillance, the right to be forgotten on the Internet,...
- Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements
The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which the Cour...
- CNIL Cracks Down on Employee Video Monitoring and Password Strength
In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the constant monitoring of one employee making the recording disproportionate to...
- What Are The Main Differences For Dismissing An Employee Between The US And France?
Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined by the employment contract....
- Important changes to French Insolvency Legislation
Article 2 of Law no. 2014-1 of 2 January 2014 enabled the French government to simplify and secure the legislation relating to companies in difficulty. Following consultation with practitioners, the French government issued an Ordonnance (the Order) on 12 March 2014 which was...
- "French Government Extends Its Veto Rights on Foreign Investments in Country’s Strategic Sectors"
On May 15, 2014, the French government published a decree extending its veto rights over foreign investments in French strategic sectors (the New Decree). The New Decree has been dubbed the “Alstom Decree” by the media, as it comes in response to the French government’s concerns regarding the $16.9 ...
- One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014
- France: Taking into Account Absences Due to a Strike While Calculating Bonuses Does Not Necessarily Infringe the Right and the Freedom to Strike
Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits....
- First Class Actions introduced in France by consumer associations (French version)
Depuis l’entrée en vigueur le 1er octobre 2014 des dispositions de la loi Hamon introduisant une action de groupe en droit français, plusieurs actions ont déjà été initiées témoignant d’un vif intérêt des associations de consommateurs agréées pour ce nouveau dispositif. Reste maintenant à attendre...