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17 results for JD Supra France › King & Spalding

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  • Single gas market launched in France on 1 November 2018

    The launch of a single market for gas in France on 1 November 2018 is the last step of the integration of the French gas market, which started in 2005. The single gas market represents a crucial turning point given the importance of the French gas market. France is the fourth-largest gas market in Europe, with an annual consumption of around 50 billion Gm3, or 10% of EU demand...

  • The New France-Luxembourg Double Tax Treaty: First Comments Relating to Investment in French Real Estate

    On 20 March 2018, the Governments of France and Luxembourg signed a new French- Luxembourg treaty (the “New Treaty”), which will have an impact for certain investments in French real estate. Several changes were anticipated since the fourth amendment dated 5 September 2014 to the France-Luxembourg treaty dated 1 April 1958 (the “Treaty”) did not align certain provisions with the OECD...

  • Good news at last for the development of offshore wind projects in France

    While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at sea and of marine energies by 2020, the projects awarded in 2012 and 2014, following two calls for tenders (Round 1 and Round 21), for a total capacity of almost 3 GW, have progressed with great difficulty. The commissioning of the first project, which...

  • Sapin II Law: The Modernization of France's Fight Against Corruption

    After years of facing international criticism for purported “laxity” towards transparency and the fight against bribery and corruption, France has adopted new legislation aiming to rectify this deficiency, which imposes substantial obligations on companies operating in France. The Law on Transparency, the Fight against Corruption and Modernization of Economic Life, or the “Sapin II Law ”seeks to...

  • New Regulation to Facilitate the Implementation of Offshore Wind Projects in France

    While the development of the first four offshore wind projects awarded by the French state back in 2012 to the consortia EDF Energies Nouvelles / DONG Energy / Alstom (3 projects) and Areva / Iberdrola (1 project) is progressing and operators are getting close to final investment decisions, it was crucial for developers to obtain more legal certainty concerning their projects. Indeed, the...

  • World Leaders Reach Climate Change Agreement in Paris

    On December 12, nearly 200 countries reached an agreement that many have described as a historic turning point for global cooperation in addressing climate change. This article looks at the key elements of the Paris Agreement, its legal status, and its potential implications for international trade.

  • The 2015 Paris Agreement on Climate Change

    On 12 December 2015, nearly 200 countries reached an agreement that many have described as a historic turning point for global cooperation in addressing climate change. This article looks at the key elements of the Paris Agreement, its legal status and potential implications for the energy sector.

  • Reducing the Proportion of Nuclear Energy in France: The Legal Weaknesses of an Electoral Promise

    As one of the main measures contributing to the creation of a new French energy model, the energy transition law of 17 August 2015, caps the proportion of electricity to be produced from nuclear plants.

  • Investment in real estate: France-German double tax treaty changes

    On 31 March 2015, the Governments of France and Germany signed an amendment to the France-German treaty dated (the “Treaty”), which will have an impact in the future for certain investments in real estate. For France, this amendment follows the amendment to France-Luxembourg signed on 5 September 2014 which also impacts foreign investments in French real estate. The same applies for the Germany...

  • Hydropower Concessions – Long Awaited Reform

    France is Europe's second largest hydroelectric producer after Norway and in 2010 initiated a process for renewing hydropower concessions. At the time, several European utilities expressed strong interest in bidding for these concessions; however, the renewal process slowed down and was finally interrupted in 2012 by a change in parliamentary majority. Nine years after the first steps were taken...

  • France: Hard Times for Electricity-Intensive Consumers

    Following the liberalisation of energy markets in the 2000s, electricity-intensive consumers have faced high and unpredictable prices. In this context, seven major industrial groups (Air Liquide, Solvay, Rhodia, Arkema, Alcan, Arcelor and UPM) established a consortium called Exeltium and launched a Europe-wide call for tender in order to negotiate better conditions for electricity supply. A...

  • Have the Challenges of the Energy Transition been Overcome?

    The ongoing debate over environmental issues and their impact on the French energy model raises many issues. Successive governments have taken different approaches to the problem and energy transition has been presented as a key initiative of President Hollande's five-year mandate. Following an eight-month national debate and two conferences which brought together ministers, elected officials and

  • Investment in French real estate: France-Luxembourg double tax treaty changes

    On 5 September 2014, the Governments of France and Luxembourg signed an amendment to the France-Luxembourg treaty dated 1 April 1958 (the “Treaty”), which will have an impact in the future for certain investments in French real estate. Indeed, the amendment introduces new provisions under Article 3 paragraph 4, allocating the right to tax capital gains from the disposal of...

  • Mining, Oil and Gas Exploration and Exploitation Activities in France: Applicable Law and Planned Reform

    Background of the Reform - In late 2012, the French Prime Minister established a committee for drafting a reform of the French Mining Code, which governs mining, oil and gas exploration and exploitation activities. The purpose of this reform was mainly to bring the mining code into compliance with certain environmental principles, which, since 2005, have been incorporated...

  • Feed-In Tariffs for Wind Energy Set out by the French Government May Constitute Unlawful State Aid

    In February 2009, a claim was filed before the highest French administrative court (Conseil d’Etat) by the association “Vent de Colère” seeking the annulment of a ministerial order dated 17 November 2008 enacting the feed-in tariffs applicable to onshore and offshore wind farms (the “2008 Order”). Vent de Colère notably claimed that the set feed-in tariffs constitute State aid as defined by EU...

  • French National Councils and Companies Publicly Disclose Information About Interactions with French Health Care Professionals for the First Time as Required by the French Sunshine Act

    On October 1, 2013, seven national councils representing French health care professionals posted on their publicly accessible websites information submitted by affected enterprises (i.e., companies) that produce or market medications, medical devices, biomaterials, and other therapeutic and cosmetic products about benefits granted to and agreements concluded with French health care professionals,

  • New French Arbitration Law

    France has adopted a new statute on arbitration, Decree No. 2011-48 dated January 13, 2011 (the “Decree”). Thirty years ago, in 1980 and 1981, France was one of the first countries to adopt a modern statute that created a separate, specific legal regime for international arbitration. This regime incorporated a number of principles that have since become widely accepted, such as compétence-compéten

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