All publications by Soulier Avocats

The Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled on several occasions that a claim for termination of an established business relationship[1] is a tort action, regardless of whether the business relationship was based on a series of contracts[2], on a single contract that has been terminated[3], or whether the termination resulted […]

With the development of information and communication technologies, a growing number of employees are telecommuting for all or part of their work. Additionally, companies have often been required to reduce the surface area of their premises and request their employee to work, in part, from their homes. As a result, working conditions have evolved. The […]

By judgment dated February 10, 2010[1], the Conseil d’Etat[2] voided certain provisions of the Decree of December 19, 2008 that amended Article 28 of the French Public Procurement Contracts Code (“FPPCC”) with regard to the threshold under which contracting authorities are exempt from certain market tendering procedural rules. Article 28 of the FPPCC, as amended […]

The “rupture conventionnelle” is a contractually negotiated termination of an indefinite term employment agreement. It was created by the Law no. 2008-596 of June 25, 2008, and has been a huge success. In 2009, out of the 230,095 terminations that have been contractually negotiated, 191,309 or 83.14% of them were approved by the French labor […]

On December 16, 2009, the Autorité de la concurrence (French Competition Authority or hereinafter “Autorité”) published new guidelines on merger control (“Guidelines”) replacing and superseding the previous ones enacted by the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control in 2004 and amended in 2007. These lengthy Guidelines (165 pages) aim at […]

Ordinance no. 2010-76 of January 21, 2010 established a new administrative control authority for the banking and insurance industries, the Autorité de contrôle prudentiel (Prudential Control Authority or hereinafter “ACP”). The ACP was formed through the merger of existing licensing and supervisory authorities that supervised the bank and insurance industries (i.e. the Commission Bancaire (Banking […]