White & Case LLP (JD Supra France)

On March 15, 2021, Law No. 2021-23 of March 2, 2021 on public-private partnership contracts (hereinafter the "New PPP Law") was published in the Official Gazette of the Republic of Senegal No. 7407. It is presented as a "vector of modernization and flexibility" of the former Law No. 2014-09 of February 20, 2014 on partnership contracts (hereinafter the "Former PPP Law").

In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill obligation in the case of two-step acquisitions encompassing a public bid. On 30 August 2020, Veolia announced its intention to take over its main competitor in the French...

Article 225 of finance law for 2021 dated 29 December 2020 (the "2021 Finance Law") provides for the renegotiation of the feed-in tariffs of approximately 800 photovoltaic power purchase agreements ("PPAs") concluded between 2006 and 2010. This decision, motivated by the alleged excessive profitability of these PPAs, is yet to be specified in a decree. As it stands, it is causing concern in...

Article 225 of finance law for 2021 dated 29 December 2020 (the "2021 Finance Law") provides for the renegotiation of the feed-in tariffs of approximately 800 photovoltaic power purchase agreements ("PPAs") concluded between 2006 and 2010. This decision, motivated by the alleged excessive profitability of these PPAs, is yet to be specified in a decree. As it stands, it is causing concern in...

At a time when the European Union and many Member States have just unveiled their hydrogen strategy, the French Competition Authority takes the lead in delivering the very first analysis of the emerging hydrogen sector in a merger control case. In addition, contrary to the well-established decisional practice, the decision also paves the way for the possible delineation of a market for the retail

With 11 million square kilometers of territorial waters under French jurisdiction and 20,000 kilometers of coastline, France has both an extensive and wind abundant seafront. France benefits from the second largest source of wind for offshore wind power after Great Britain. Despite these natural predispositions, the development of offshore wind energy in France is late in comparison to many...

The outbreak of COVID-19 has substantially disrupted the management of civil litigation during the first national lockdown of 17 March 2020 to 11 May 2020. French judicial activity was limited to "essential litigation" and business continuity plans were implemented by the French courts. From 30 October 2020, a second national lockdown was implemented for four weeks in France...

Decree No. 2020-1310 of 29 October 2020 sets up a new lockdown on French territory from 30 October 2020 (and at least until 1 December 2020) and readjusts the sanitary rules for employers. Working from home "whenever possible" - French employment law requires employers to do their best efforts to protect the health, safety and welfare of workers by preventing, informing, training and by...

With a deteriorating health situation, the French Prime Minister has decreed a state of national health emergency from 17 October 2020. People who are planning essential business travel to France must therefore be aware of new restrictions...

The French Foreign Investments Control regime has recently been reinforced following a reform of 2019, and other measures have been adopted in view of the COVID-19 pandemic - Since 2014, the scope of the French Foreign Investments Control regime has been substantially expanded. In May 2019, the so-called PACTE (Plan d'Action pour la Croissance et la Transformation des Entreprises) law...

White & Case Technology Newsflash - In line with the increased protectionism around foreign direct investments (FDI) in the past few years, the economic impact of COVID-19 led to a worldwide rapid expansion of existing regulations. The countries justify such expansion by the need to protect the expertise and intellectual property (especially in connection with the health/biotech sector) of...

French M&A activity has suffered steep falls because of COVID-19, but green shoots are emerging as lockdown measures ease Although a few large deals in the first quarter helped to cushion French deal value figures for H1 2020, COVID-19 lockdowns have taken a heavy toll on France’s M&A market.

The ongoing Kout Food saga provides a salutary reminder that difficult issues can sometimes arise when parties choose different systems for the substantive law of their contractual relationship and the curial law of the seat of the arbitration.

On June 2, the French ministry of Justice released a new order addressed to French prosecutors on the criminal policy relating to international corruption and how such cases should be handled. In this order, which constitutes mere guidance, the French ministry of Justice enumerates how prosecutors may obtain evidence of acts of corruption perpetrated by corporations and notably encourages on...

The French Competition Authority launched its own initiative in early 2020, a sector study focusing on new technology applied to financial activity, particularly in the payments sector which has experienced major developments in recent years. As part of its study, the French Competition Authority has already consulted stakeholders in the banking sector and is now launching a public...

On 8 May 2020, the Ministry of Labour published a National Protocol for Employers to Ensure the Health and Safety of the Employees after the End of the Lockdown (the “National Protocol”).The National Protocol contains specific rules taking into consideration certain activities and job roles (e.g. employees working in shops, in logistics).

The French Foreign Investments Control regime has recently been reinforced following a reform introduced by Decree n° 2019-1590 of 31 December 2019 and the Ministerial Order of 31 December 2019 relating to foreign investments in France. This reform, entered into force on 1 April 2020, seeks to capture new strategic sectors, refine certain concepts, and provide a clearer review framework for...

Following the outbreak of COVID-19, organizations have been implementing exceptional measures to maintain "business-as-usual" to the extent allowed by their particular circumstances and to protect their employees, customers and others from this global pandemic situation.

The French tax authorities ("FTA") have formalized the implementation of several VAT measures to help companies deal with the COVID-19 pandemic.

The outbreak of the COVID-19 has created substantial disruption and uncertainty with respect to civil litigation management. The health crisis linked to the Coronavirus affects procedural deadlines, whether they relate to ongoing proceedings or proceedings to be initiated. Deadlines for the acquisition and extinction of rights and actions also need to be adapted to this pandemic.

Partial Reduction of Activity (“Activité partielle”) - All companies whose activity is reduced due to the COVID-19 and in particular, those that are subject to an obligation to close down in application of the Decree of 14 March 2020 (restaurants, coffees, malls, shops, etc.), are eligible for the Partial Reduction of Activity scheme. This scheme allows the State and the French unemployment...

Companies can request from their tax office the deferral, without penalty, of the payment of their next instalments for direct taxes (corporate income tax, payroll tax). If companies have already paid these taxes for the month of March, they can either (i) oppose the SEPA direct debit at their bank or (ii) request a refund from their tax office.

What was first thought to be a cluster of pneumonia cases in the city of Wuhan, Hubei region in China turned out to be the start of a new strand of coronavirus (2019-nCoV). On 30 January 2020, the World Health Organization (WHO) declared that the coronavirus epidemic constitutes a public health emergency of international concern and declared that it is a pandemic on 11 March 2020. This led to...

Further to the Decree of 29 November 2018, which expanded the list of strategic sectors, and to the so-called « PACTE » law of 22 May 2019, which strengthened the enforcement powers of French authorities with respect to the review of foreign direct investments ("FDI"), France has published two new provisions implementing the legislative changes introduced by the PACTE law. The reform adapts the...

In December 2018, a new decree expanded the scope of the French national security review, especially in the technology sector In May 2019, the so-called “PACTE” Law strengthened the powers of French authorities in case of breach of the filing requirement or commitments imposed in the context of a clearance decision. The Bureau Multicom 4, which is located within the Ministry of Economy’s (MoE)

The French Financial Markets Authority ("AMF") has just carried out a complete overhaul of its doctrine on Anti-Money Laundering/Combating the Financing of Terrorism ("AML/CFT") and published its new guidelines setting out the obligations imposed on professionals subject to AML/CFT and placed under its supervision. The objective is to support them in the development and implementation…

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? Old legislation has been updated....

The French Anti-corruption Agency ("AFA") has published a draft "Guide on Gifts and Invitations Policies" ("Guide pratique sur les politiques cadeaux et invitations en entreprise") for corporations and non-profit organisations. It is currently considering comments on its 18 July 2019 draft collected from industry groups and NGOs. The guide is the third of a series of six the agency plans to...

On 1 August 2019, few months after enacting the PACTE Law that strengthened the foreign investments control mechanism, France passed a new law (n° 2019-810) aimed at preserving the interests of French defense and national security within the context of the launch of the 5G mobile radio networks operation. The French Government aims to have a full 5G network by 2030....

France is aligning itself with the US model of corporate prosecution - The new guidelines released by both the French Anticorruption Agency ("AFA") and the National Financial Prosecution Office ("PNF") on 27 June, 2019 regarding the implementation of the judicial agreement in the public interest ("CJIP" aka the "French DPA") are openly inspired by the US approach to corporate prosecutions.