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All publications by Catherine Nommick

Catherine Nommick

Member of the Lyon Bar

30 August 2021

Reform of French legal provisions governing security interests: Simplification and modernization

The reform of French legal provisions governing security interests, initially scheduled for May 2021, should finally be enacted by September 23, 2021 and enter into force on January 1, 2022. It will be carried out by way of an Ordinance, pursuant to the authorization given by the legislator to the Government under the so-called PACTE Law of May 22, 2019.

In the wake of the reform already carried out in 2006, the 2021 reform shows a clear desire to simplify and modernize French legal provisions governing security interests.

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23 June 2021

Tribune de Lyon 2021 Legal Guide: “Merger by acquisition transactions: What is the impact of the recent decision on the transfer of criminal liability?”

The 2021 Legal Guide published by Tribune de Lyon offers precise and pragmatic answers to concrete issues faced by business owners/managers.

Catherine Nommick contributed to this Guide through an article entitled “Merger by acquisition transactions: What is the impact of the recent decision on the transfer of criminal liability?”.

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26 February 2021

Transfer of criminal liability in merger transactions: A major reversal of case law

In a fully reasoned ruling dated November 25, 2020, the Criminal Chamber of the Cour de Cassation (French Supreme Court) has reversed a case law that had been established for more than twenty years in “merger by acquisition” transactions (i.e., when a company is merged into another): The acquiring company may now, under certain conditions, be held criminally liable for an offence committed by the acquired company prior to the merger and for which it had not been convicted.

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10 February 2021

The “loss of the leased property”: The legal basis relied upon to relieve a commercial lessee from its obligation to pay the rent during the first lockdown

The payment of commercial rents during successive lockdown periods is an issue that has given rise to numerous disputes.

Arguments based on force majeure, unforeseeability or non-performance, often used by lessees as a justification for not paying the rent, had been dismissed in the majority of court decisions handed down on this subject.

On January 20, 2021, the enforcement judge of the Paris Judicial Court opened up another way based on the “loss of the leased property”.

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