Latham & Watkins LLP (LexBlog France)

A new regulation to control foreign subsidies could result in more complex, costly, and time-consuming M&A clearance processes. By Richard Butterwick, Carles Esteva Mosso, Beatrice Lo, Elisabetta Righini, Gillian Bourke, Natália Solárová, Werner Berg, France-Helene Boret, and Catherine Campbell European M&A is set to become more complex after the European Parliament and European Council agreed...

A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances. By Carles Esteva Mosso, Tom D. Evans, Elisabetta Righini, David J. Walker, Gillian Bourke, Natália Solárová, Werner Berg, France-Helene Boret, and Catherine Campbell European M&A is set to become more complex after the entry into force of the Foreign...

The CNIL has imposed a €250,000 fine on an online retailer for GDPR infringements in cooperation with other EU supervisory authorities. By Myria Saarinen and Charlotte Guerin Founded in 2006 and headquartered in France, Spartoo SAS (Spartoo) is one of the leaders of the European online shoe retail market. On 31 May 2018, a week...

Court’s decision struck down blanket prohibition on so-called “cookie walls” that prevent users from accessing a website or an application. By Myria Saarinen and Charlotte Guérin France’s Highest Administrative Court (the Conseil d’Etat) issued a decision on 19 June 2020 upholding most of the guidance on cookies and other tracking devices that the French Data...

The Council decision contains useful considerations and clarifications on the “one-stop shop” mechanism, transparency obligations, and consent for targeted advertising. By Myria Saarinen and Camille Dorval On 19 June 2020, France’s Highest Administrative Court (Council) handed down its decision on the appeal filed by Google LLC (Google) against the French Data Protection Authority’s (CNIL’s)...

French Competition Authority orders Google to negotiate remuneration with press publishers and news agencies under Article 15 of the Copyright Directive (as implemented in France). By Deborah Kirk, Elva Cullen, Rachael Astin, and Grace Erskine Background In April 2019 the European Parliament officially adopted Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single...

The legislation includes six key measures to cut greenhouse gas emissions and to reach carbon neutrality by 2050. By Paul A. Davies and Michael D. Green The French Parliament has adopted a new climate energy package to tackle the effects of climate change and boost France’s energy transition endeavors to reach carbon neutrality by 2050....

The guidance provides general requirements for obtaining valid consent and details conditions under which audience management cookies may be exempt. By Myria Saarinen and Camille Dorval On 4 July 2019, one day after the UK Information Commissioner’s Office (ICO) published new guidance on cookies, the French Data Protection Authority (CNIL) released its own new guidance...

Four NGOs launch innovative action claiming state has not met COP21 objectives. By Paul A. Davies and Michael D. Green On 17 December 2018, four NGOs filed legal action against the French state. In the legal action, the NGOs argued that the state has not met the short-term climate change objectives set at COP21. The...

A recent Environmental Code amendment aims to invigorate sluggish legal processes delaying environmental project development. By Paul A. Davies and Fabrice Fages Third parties and local NGOs often bring legal action against environmental permits in France, hampering the development of environmental projects in the country. An example of a practical consequence is that the development...

Intense lobbying surrounds a recent proposal to amend Article 34 of the Constitution. By Paul Davies and Fabrice Fages French Prime Minister Édouard Philippe recently unveiled a series of proposed modifications to the French Constitution that align with President Emmanuel Macron’s campaign platform. The proposals, which were unveiled on April 4, face objections from a...

The multi-pronged plan will encourage a collaborative national effort to dispose of France’s “consume and discard” model. By Paul A. Davies The French Prime Minister recently unveiled the country’s circular economy roadmap. The 50-item scheme, announced on 23 April 2018, is the result of consultation with stakeholders (November 2017 —January 2018) and a two-stage online...

France announces voluntary adoption of a new law amending the Mining Code to meet Paris Agreement commitments. By Paul Davies and Michael Green* Background After lengthy legislative debates, the amended Mining Code (MC) now provides that, as a matter of principle, the research and exploitation of coal, and of all liquid or gaseous hydrocarbons, shall...

By JP Sweny, Matthew Brown and Rachel Croft The Transfer from Coface to Bpifrance After seven decades as France’s export credit agency (ECA), on 31 December 2016, Compagnie Française d’Assurance pour le Commerce Extérieur (Coface) transferred its State export credit guarantee activities to Bpifrance Assurance Export S.A.S. (Bpifrance A.E.). Bpifrance A.E., a subsidiary of the...

By Paul Davies and Michael Green On March 27, 2017, the French Parliament adopted a Law On The Duty Of Vigilance For Parent And Subcontracting Companies. The law amends the Commerce Code and requires companies to establish and implement a plan for diligencing human rights, environmental, and health and safety issues in their supply chains....

By Michael Green, Elisabetta Righini, Joern Kassow, Rosa Espin, Eun-Kyung Lee, and Cesare Milani. On 15 February 2017, the European Commission (the Commission) sent final warnings (a Reasoned Opinion) to France, Germany, Italy, Spain and the United Kingdom for failing to comply with the air pollution limits for nitrogen dioxide (NO2). Under EU law, Directive 2008/50/EC on...

By Benedicte Bremond and Gaetan Gianasso Since the era of Napoleon Bonaparte, French contract law has largely been governed by the same Civil Code. This year has seen a quiet revolution in the French legal system, bringing about modernisations that will improve the investment environment for buyout firms, particularly as relates to management equity. In...

By Paul Davies and Michael Green France adopted an ambitious energy transition package in August 2015 that sets out various targets designed to achieve the gradual de-carbonisation and increased sustainability of its economy. The package includes consumption reduction targets, energy production cuts and provisions for a long-term programming scheme for public authorities to manage the...

In a decision published on February 16, 2011 (Deliberation No. 2011-023), the French data protection authority (CNIL) exempted non EU-based companies from any prior notification obligation with regard to their payroll, customer and prospects data processed in France.  This exemption will be of particular interest for non EU companies engaging cloud service providers with processing...

In a 32-page-long decision adopted on March 17, 2011, the French Data Protection Authority (CNIL) determined that Google Inc.’s collection of data in the course of its Street View application and Latitude service breached the French Data Protection Act No. 78-17. (The CNIL’s English summary of its action is here).  Making use of its enforcement...