JD Supra (JD Supra France)

The French Finance Bill for 2024, released on September 27, 2023, includes a tax credit for investments in green industries (the Crédit d’impôt “Investissement Industries Vertes” or C3IV) aimed to restore France’s industrial base and reduce the carbon footprint of French industries. Please see full Publication below for more information.

The French High Authority for Transparency in Public Life aims to clarify the system for lobbyists and provide a more accurate view of lobbying activity, in order to enable further structural changes. On July 3, 2023, the French High Authority for Transparency in Public Life (HATVP) published new guidelines that will come into force on October 1, 2023 (the New Guidelines). This Client...

L’Agence française anticorruption (AFA) et le Parquet national financier (PNF) ont publié conjointement en mars 2023 un guide pratique visant à apporter aux entreprises un éclairage sur l’objet et la conduite d’une enquête interne anticorruption. A cette occasion, l’AFA et le PNF ont rappelé l’importance de l’enquête interne anticorruption dans le cadre de la négociation d’une convention...

La présente contribution se propose d’étudier l’apparition, en arbitrage international, de décisions procédurales formant un véritable corps de jurisprudence ou de précédents. Tandis que le sujet du précédent a d’ores et déjà été analysé sous l’angle des décisions substantielles rendues par les arbitres, aucune étude n’est consacrée spécifiquement au précédent concernant les questions...

1. CONTENTIEUX - ACTION EN FOLLOW-ON : ABSENCE DE RÉPARATION POUR LES SOCIÉTÉS DU GROUPE COLAS DANS L’AFFAIRE DU CARTEL DES CAMIONS - Dans un jugement remarqué du 27 octobre 2022, le tribunal de commerce de Lyon a rejeté l’action en réparation introduite par les sociétés du groupe Colas contre les constructeurs de camions, condamnés pour entente par la Commission européenne à une amende de 2

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.

The guidelines provide useful insights into the mechanism of settlement agreements in criminal cases, and supersede previous guidelines published on June 26, 2019. 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). Please see full Alert...

La Loi de finances pour 2023 (LF 2023) a été publiée au Journal Officiel le 31 décembre 2022. Le présent bulletin décrit brièvement une sélection de mesures fiscales qu’elle contient. Veuillez consulter la publication complète ci-dessous pour plus d'informations.

This 13th edition of The Technology, Media and Telecommunications Review provides updated overviews of legal and policy constructs and developments in the TMT arena across 18 jurisdictions around the world. As in years past, our goal with this publication is to provide a practical, business-focused survey of these issues, along with insights into how regulatory activity in this arena continues to

1. LITIGATION CUMULATIVE ADMINISTRATIVE SANCTIONS AGAINST THE SAME PARTY FOR SIMULTANEOUS BREACHES ARE CONSTITUTIONALLY PERMISSIBLE - In a judgment dated June 23, 2022, the Paris Administrative Court fully upheld the cumulative fine of EUR 6,340,000 imposed on Eurelec Trading (Eurelec) for 21 breaches of the rules of transparency in commercial relations between suppliers and distributors. ...

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...

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.

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

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.

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...

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

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...

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...

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...

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.

This volume marks the 12th edition of The Technology, Media and Telecommunications Review, which has been fully updated to provide an overview of evolving legal and policy activity in this arena across 25 jurisdictions around the world. This publication continues to occupy a unique space in the literature on TMT issues. Rather than serving a traditional legal treatise, this Review aims to provide

On June 3, 2021, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) published an interview with Aurélie Niaudet, who is in charge of assessing the risks associated with physical agents. Niaudet states that nanomaterials have novel properties that “are highly sought after and increasingly exploited, but can also induce specific types of behaviour when interacting...

This month we invite you to Russia, where the competition authority is announcing a new competition law compliance system that may result in less fines.

We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for France have been updated with new questions since its initial publication in January.

France was among the first nations to issue a national hydrogen plan and recently has taken significant steps to continue to support the growth of a hydrogen economy. In this episode, Hydrogen Rising co-host Sandi Safro discusses these developments with K&L Gates’ European colleagues Mélanie Bruneau and Antoine de Rohan Chabot, including France’s efforts to increase the use of hydrogen in the...

Given the challenges of conducting clinical trials during the COVID-19 pandemic, many countries — including France — have allowed for some use of remote quality controls. In response to guidelines issued recently by European health authorities, the French Commission Nationale de l’Informatique et des Libertés (CNIL) has issued recommendations designed to ensure the protection of compliant...

Four years after the enactment of the Duty of Vigilance Law, the French National Assembly adopted in first reading on 4 May 2021 the Climate and Resilience bill which clarifies in its Article 71 ter the question of which French court has jurisdiction over disputes relating to the Duty of Vigilance Law.

On March 23, 2021, the Paris Court of Appeal issued a decision with important ramifications for investors pursuing arbitration under the Agreement for the Promotion, Protection and Guarantee of Investments Among Member States of the Organisation of the Islamic Conference (“OIC Agreement” or “Agreement”). Such investors often confront difficulty at the outset of the arbitral proceedings in...

In the wake of the Court of Justice of the European Union's (CJEU) decision in Schrems II, companies have had few real-world examples of how they can provide “supplementary measures” to protect personal data from overbroad access requests by public authorities.

French businesses continue to navigate the requirements of the French PACTE Act (“loi relative à la croissance et la transformation des entreprises”) passed in 2019. This legislation added a paragraph to article 1833 of the French Civil Code providing that a company is to be managed according to its “corporate interest” and by taking into account the social and environmental issues related to its