McDermott Will & Emery (JD Supra France)

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...

In a landmark decision of 11 December 2020 involving digital player Conversant (fka Valueclick), the French Supreme Tax Court (Conseil d’État) ruled that a French company can qualify as a dependent agent, and thus as a French permanent establishment, of an Irish affiliate if the French company habitually exercises the authority to conclude contracts in the name of the Irish affiliate, even though

On October 9, 2020, there were media reports that the French Data Protection Authority (CNIL) had expressed concerns regarding the hosting by Microsoft (EU) of the French centralized public health database (the Health Data Hub). In a legal brief, the CNIL recommended the Health Data Hub and the French government put an end to any data transfers to the US in the context of this database, and...

The Conseil d’Etat recently ruled on disclosure requirements for transactions by foreign investment funds. In a separate case, the French Ministry of Finance issued a verbal notice rejecting a US company’s proposed acquisition of a French technology enterprise...

- On January 30, 2020, the World Health Organization (WHO) has qualified the Covid-19 epidemic as a “global public health emergency”. - On March 3, 2020, French Minister of Economy and Finance Bruno Le Maire, pronounced a “state of economic emergency” due to the Covid-19 epidemic in France. By this date, French companies had already suffered losses estimated at more than one billion euros...

HOW SHOULD FRENCH EMPLOYERS APPROACH THE CORONAVIRUS? As of 17 March 2020, more than 7730 official cases of contamination have been announced in France. In addition, since 17 March, the French must respect the rules of confinement: it is forbidden to go out without an exemption certificate. Under the new rules, everyone must stay at home except for unavoidable reasons, such as buying food,...

The Paris Court of Appeal affirmed that Google Ireland does not have a French permanent establishment in a high-profile tax controversy over a double Irish arrangement. But with independent criminal proceedings for tax evasion looming, Google agreed to a EUR 1 billion settlement under a non-prosecution agreement. While the French tax authorities failed to characterize a French permanent...

Dated 31 December 2019, the legislation updates and elucidates the process for obtaining foreign investment authorisations in France. The new provisions go into effect on 1 April 2020.

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.

A new legislative bill, known as the “Plan d’action pour la croissance et la transformation des entreprises” (Action plan for company growth and transformation - the PACTE bill), is currently under discussion in the French Parliament, which alongside Decree No. 2018-1057 of 29 November 2018 (Foreign Investment Decree) will complete regulations governing foreign investment in strategic sectors in

On 20 December 2017, the French Competition Authority (the FCA) imposed a EUR 25 million fine on a pharmaceutical laboratory, for delaying entry onto the market of the generic version of Durogesic, and for hindering its development through a disparagement campaign.

The French Data Protection Authority recently issued its Connected Cars Compliance Pack. The pack is designed as a toolkit not only for France, but with a European GDPR perspective on how connected cars can comply with data protection requirements. Although the pack was intended primarily for car manufacturers, insurers and software editors will also find it useful.

On October 19, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as well as the industry’s trade association, SFEC (Syndicat Français des Enducteurs Calandreurs et Fabricants de Revêtements de Sols et Murs), for price-fixing, sharing commercially sensitive...

The French government has announced labor reforms intended to promote flexibility and improved predictability at both the collective and individual level. The decrees should be approved by the president on September 22, 2017, and the parliament would have to ratify the decrees in the coming months. Their ratification is not expected to undergo major hurdles, but we will provide you with updates...

On 10 March 2017, France finally implemented into French law the EU Directive 2014/104 of 26 November 2014 on antitrust damages actions. The implementation provisions faithfully transpose the Directive, but some concepts still, however, need to be clarified by courts at the EU and French levels.

On 12 January, the Paris Criminal Court acquitted Guy Wildenstein, who was facing the possibility of two years in prison and a €250 million fine, and other members of his family as well as their trustees and advisors who were also facing fines and suspended sentences for facilitating tax fraud.

Although France is a high tax country, it might be a suitable alternative for the UK residents who are contemplating taking up temporary residency in another jurisdiction. A number of tax breaks are indeed granted to the individuals (irrespective of their citizenship) who take-up residency in France, provided they have not been French tax residents during the preceding five years.

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification. In the past couple of years, the European Commission has decided to review and evaluate the functioning of...

For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been notified to the FCA but not yet received a clearance decision, behaviour commonly known as “gun-jumping”.

On 11 May 2016 in case no. 14/26247, the Paris Court of Appeal fully confirmed the judgment handed down by the Paris High Court on 2 December 2014 in case no. 10/05228, relating to the estate of Mr Maurice Jarre. By this very important decision, the Paris Court of Appeal confirmed that a US domiciliary dying prior to 17 August 2015 can dispose of his or her French estate as he or she...

References: Paris Court of Appeal, judgment rendered on 12 February 2016, docket # 15/08624 In a 12 February 2016 decision, the Paris Court of Appeal ruled that the jurisdiction clause provided for in Facebook’s general terms and conditions (T&Cs), pursuant to which only Californian courts have jurisdiction to rule on disputes that may arise between Facebook and its users, is unfair and...

Since entry into force on 1 January 2016 of the French provisions transposing the 2013 EU directive regulating mediation of consumer disputes (Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes (“ADR”)), and the operability of the online platform provided by the 2013 EU regulation on online dispute resolution for consumer disputes, (“ODR”), France-based...

Since the entry into force on 1 October 2014 of the provisions of the “Hamon” law of 17 March 2014, which introduced class actions into French law in relation to consumer and competition law matters, only six class actions have been brought.

There have been a number of changes to EU laws recently that have had, or will have, a direct impact on your clients who have connections with France. There are six stand-out issues that are worth careful and immediate consideration.

The mission of the French data protection authority—the Commission Nationale Informatique et Libertés (CNIL)—is “to protect personal data, support innovation, [and] preserve individual liberties.” In addition to its general inspections, every year the CNIL establishes a different targeted-inspection program. This program identifies the specific areas that CNIL’s controls will concentrate on...

REGULATORY AUTHORITIES - FRENCH COMPETITION AUTHORITY – TDF fined for anti-competitive practices: In a 2009 opinion issued at the request of the French regulator for electronic and postal communications (ARCEP) the French Competition Authority ruled that the broadcasting company TDF had a dominant position in the market of terrestrial broadcasting. TDF was required to publish, by 15

Law no. 2011-2012 of 29 December 2011, also known as the French Sunshine Act, introduced into French law disclosure obligations imposed on health care companies (HCC). The French Medical Board and a nonprofit organisation challenged the law’s implementing decree of 21 May 2013 and its explanatory circular of 29 May 2013. On 24 February 2015, the Conseil d’Etat annulled some of the challenged...

Since 2001, the French Court of Cassation has made a continuous effort to refine and, in some circumstances, narrow the scope of the right to privacy in the workplace with a view to reaching a fair and balanced approach. The January 6, 2015 declaration of the French Data Protection Authority (CNIL) further highlights this trend towards the standardization of information collection at work, and...

EU resident individual taxpayers who have paid French social taxes (contribution sociale généralisée (CSG), contribution au remboursement de la dette sociale (CRDS) and prélèvements sociaux) on France-originating real estate income or capital gains for years 2012 onwards, and are subject to social security contributions in another EU jurisdiction, should consider submitting a claim to obtain a...

International companies with operations in France, or those that conduct regular business with French commercial partners, should be aware that their longtime French commercial partners could be entitled to claim compensation for the termination of the contractual relationship well beyond the scope of the original contractual provisions.