Jones Day (JD Supra France)

The Situation: In December 2020, the French administrative supreme court issued a major decision expanding the permanent establishment ("PE") concept and criteria for both French corporate income tax ("CIT") and value-added tax ("VAT") purposes. The Result: A PE may exist in France if an agent is entitled to negotiate the details and make important decisions with respect to the conclusion of...

France has published an ordinance setting out the legal regime for hydrogen, aimed at fostering renewable and low-carbon hydrogen. Under ordinance n° 2021-167, dated February 17, 2021, three different types of hydrogen are now subject to dedicated regulations: renewable, low-carbon, and carbonaceous (fossil) hydrogen.

Two major climate change lawsuits filed against the French State recently prompted French administrative courts to clarify the extent of France's obligations to adopt measures to comply with its greenhouse gas ("GHG") emission reduction targets as well as the scope of the government's liability for the failure to meet said targets.

An order was published on December 23, 2020, amending the order of September 5, 2007, relating to the nonfinancial activities that French investment firms may conduct. As a matter of principle, and similarly to credit institutions, investment firms in France are meant to carry out only those activities that are expressly provided for by statutes. In addition to investment services and listed

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...

Companies should identify and, where appropriate, manage risk associated with gifts and entertainment by incorporating a clear policy into their overall corporate compliance strategy. On September 11, 2020, the French Anti-Corruption Agency ("FAA") published its Practical Guide to corporate gifts and entertainment policies. The guide provides recommendations to assist companies in developing and

At long last, the new French health care anti-gift regime, modified in 2017, should be applicable as of October 1, 2020, thanks to implementing regulations adopted over the summer. The French anti-gift regime, which governs benefits provided by health care companies ("HCC") to health care professionals ("HCP"), was modified by the Ordinance 2017-49 of January 19, 2017. However, the adoption of

The lowered threshold for foreign direct investments into France will apply to non-EU and non-EEA investors or to any investor fiscally domiciled outside the European Union and European Economic Area. On July 23, 2020, France added a new measure to further strengthen its FDI rules, which have been amended twice since December 31, 2019 (see Jones Day publications, "French Foreign Direct...

The European Commission recently issued COVID-19-related guidance, ahead of the entry into force of the new EU FDI screening mechanism in October 2020. Several member states have been tightening their national FDI regimes as well. On April 27, 2020, France added the following new measures to further strengthen its FDI rules, which were amended on April 1, 2020...

The Fédération Bancaire Française ("FBF") published in February 2020, two new sets of documentation to enable users of the FBF market documentation to comply with the requirements of Regulation (EU) 2016/1011 of June 8, 2016, on indices used as benchmarks in financial instruments and financial contracts ("EU Benchmarks Regulation").

The Situation: A chief executive officer in France convicted of misusing corporate assets, and required to pay damages plus interest to the victim of his offense, sued to force the company to reimburse him for this amount, on the grounds that, in committing the offense, he was acting within the scope of his official duties. The Result: The French Court of Cassation (la Cour de cassation)...

The Situation: The French government issued on December 31, 2019, new rules substantially revising the French Foreign Direct Investments ("FDI") regulation. These new provisions mostly implement the recent PACTE law and the new EU FDI regulation which set up an EU screening mechanism. The Result: The new rules greatly extend the scope of the (i) covered investments; (ii) investors; (iii)...

The Situation: Provisions of the Action Plan for the Growth and Transformation of Enterprises Act ("PACTE Act") concerning the newly created provisional patent application and the strengthening of the utility certificate are entering into force in France. The Result: Utility certificates now have a duration of 10 years and may be converted into patents. Applicants will be able to file...

The Situation: On July 4, 2019, the French data protection authority ("CNIL") published revised guidelines on the implementation of cookies or similar tracking technologies in order to take into account the new requirements for consent under the GDPR. The CNIL then conducted a public consultation in order to establish recommendations providing guidance on the process for obtaining consent when...

The Situation: Following the enactment earlier in 2019 of new French legislation to regulate activities related to digital assets (including cryptocurrency but excluding tokenized securities), final regulatory provisions were expected to follow. The Result: The Autorité des marchés financiers ("AMF") recently issued new provisions to its general regulation as well as two instructions. These...

In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants cannot demonstrate any actual physical harm. As a result of this decision, any worker who can demonstrate that his or her past exposure to asbestos may lead in the future to a...

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

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.

The Situation: The European Union's General Data Protection Regulation ("GDPR") has been effective since May 2018 and has resulted in increased requirements for obtaining consent for the processing of personal data. However, France's current rules on the use of cookies and other trackers are still based on the ePrivacy Directive. The Result: The French data protection authority CNIL has...

On July 11, 2019, the French Parliament adopted the bill creating a tax on digital services, applicable as from January 1, 2019. Failed International Attempts - The desire to adjust tax policy in the digital age is not new.

The Background: The Action Plan for the Growth and Transformation of Enterprises Act ("PACTE Act") adopted on April 11, 2019 and promulgated on May 23, 2019, brings three important changes aimed at strengthening French patents. The Impact: The PACTE Act extends the term of protection granted by utility certificates and possible conversion into a patent; establishes a complete examination of...

Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from requesting or disclosing commercial information, absent a French court order. Many individuals believe that these provisions are likely to lead to increased enforcement of the...

The Situation: After a lukewarm start since their introduction in 2014, class actions in France have gradually seen their field broaden. Still, while the regime of class action is already quite comprehensive in France compared to other EU Member States, it has not yet gained significant traction in the French litigation landscape.

The Situation: On February 4, 2019, the French Anticorruption Agency published its much-awaited practical guide for anticorruption compliance. The Result: Through this publication, the Agency gives key guidance to company executives on how to structure, within their companies, an integrated and efficient anticorruption compliance function, and becomes the latest regulator to add to the growing

A similar call also could be carried out for nanomaterials potentially present as residues. On February 6, 2019, the French Agency for Food, Environmental and Occupational Health & Safety ("ANSES") published a call for information on the use of nanomaterials in food. Stakeholders (e.g., food business operators, nongovernmental organizations) can provide their input by March 31, 2019.

Context: French Decree No. 2018-1126 of 11 December 2018 on the protection of trade secrets, enacted in application of Act No. 2018-670 of 30 July 2018, establishes rules to preserve trade secrets in the context of civil and commercial proceedings and substantially modifies the rules for protecting the confidentiality of documents seized during a saisie-contrefaçon. Looking Ahead: Future case...

The Background: French Decree No. 2018-1126, which is intended to enhance the protection of documents containing confidential information, became effective following publication in the Official Journal. The Result: The Decree introduces Articles R. 153-1 to R. 153-9 into the Commercial Code, codifying procedures related to requests for document discovery in certain courts.

The Situation: In a recent decision, the French Supreme Court clarified the surveillance obligations of notified bodies—independent entities accredited by an EU Member State's national health authority to determine whether a product to be placed on the market meets certain standards—regarding medical device manufacturers. The Outcome: The Court ruled that, in the face of evidence indicating a...

The Situation: In 2017, French authorities amended laws to permit the use of blockchain, or distributed ledger technology ("DLT"), for trading nonlisted securities. The Result: The regulation governing the use of DLTs and its impact on securities laws was enacted in December 2018.

The Public Procurement Code integrates procurement and concession contract rules into a single code. The French Government has enacted Ordinance 2018-1074, dated November 26, 2018, and Decree 2018-1075, dated December 3, 2018, in order to integrate public procurement and concession contract rules into a single code. The Public Procurement Code, published in the Official Journal of the French...