Member of the Lyon Bar
On April 20, 2023, the European Commission adopted a new merger control simplification package to further simplify its procedures for reviewing mergers.
This package is expected to bring significant benefits for businesses and advisers in terms of preparatory work and related costs.
The new rules will apply as from September 1, 2023.
In today’s digital age, transfers of websites, in particular merchant websites, are on the rise.
The question of the legal nature of this type of transfer was of course raised. In this respect, the recognition of the existence of an e-business and, consequently, the application of the formalities relating to the transfer of “classic” businesses to this type of transfer are no longer a matter of debate.
However, some specificities relating to the transfer of e-businesses should be dealt with cautiously, in particular with regard to the items to be transferred and the protection of personal data.
On December 22, 2022, Mr. Bruno Le Maire, Minister of the Economy, Finance, Industrial and Digital Sovereignty, and Mr. Olivier Becht, Minister Delegate for Foreign Trade, Economic Attractiveness and French Nationals Abroad, Attached to the Minister for Europe and Foreign Affairs, announced in a press release that the temporary measure lowering the threshold of voting rights in listed French companies that triggers foreign investment control in France will be extended until December 31, 2023.
In a judgment handed down on November 22, 2022, the Court of Justice of the European Union, sitting as the Grand Chamber, held that, in the light of the Charter of Fundamental Rights of the European Union, the provision of the so-called anti-money laundering Directive whereby Member States must ensure that the information on the beneficial owners of corporate and other legal entities incorporated within their territory is accessible in all cases to any member of the general public is invalid.
The creation of a company, which is far from insignificant, requires considering various issues before the incorporation so that the project can be carried out successfully and achieved in the most relevant way possible.
As legal advisor, one of the first questions that the lawyer must ask his/her client is the overall purpose of the entrepreneurial project.
It is clear that family-owned sociétés civiles immobilières (non-commercial property holding companies) are an inexhaustible source of litigation, particularly with regard to the rights of the usufructuary.
The ruling handed down by the Third Civil Chamber of the Cour de Cassation (French Supreme Court) on February 16, 2022 provides another significant example of this as it was published in the Bulletin of the Cour de Cassation.
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