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Published at 27 June 2019
Author : Pauline Kubat
E-newsletter: June 2019
Bringing a legal action against a person domiciled in another Member State of the European Union requires compliance with a whole series of European and national provisions relating to the international service of judicial documents. In a decision handed down on April 11, 2019, the Cour de Cassation (French Supreme Court) specified the requirements for the international service of a writ of summons when the defendant does not appear before the French court to which the case has been brought.
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Published at 27 June 2019
Author : Emilie Yildiz
E-newsletter: June 2019
Following a report drawn up by the General Inspectorate of Finance on the certification of the accounts of French small businesses, the Government has included in the Law on business growth and transformation, known as the "PACTE” Law , provisions for an harmonization of the thresholds for the appointment of statutory auditors regardless of the corporate form of the company whose accounts are certified, thereby raising the certification thresholds in commercial companies to the level of the thresholds for small businesses provided for in the Accounting Directive 2013/34/EU of the European Parliament and the Council of June 26, 2013. Focus on the Decree of May 24, 2019 allowing the entry into force of new thresholds contemplated by the PACTE law.
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Published at 27 June 2019
Author : Sara Bellahouel
Category : Labor & Employment
E-newsletter: June 2019
In the wake of the reform of the French Labor Code implemented by the so-called Macron Ordinances of September 22, 2017 and the reform of the apprenticeship and vocational training system introduced by the Law on professional future of September 5, 2018, the reform of unemployment insurance is an additional part of the “major transformation” of the French labor market that has been carried out by Emmanuel Macron over the past two years. In accordance with the announcement made last February, the Government re-took the leadership on this thorny issue after unsuccessful negotiations between social partners, with the aim of achieving “full employment”. During a press conference on June 18, 2019, Prime Minister Édouard Philippe and Minister of Labor Muriel Pénicaud unveiled the key features of this reform which will be set out in a Decree to be published by the end of the summer. This article provides a brief presentation of the main contemplated measures.
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Published at 27 June 2019
Author : Anaëlle Idjeri
E-newsletter: June 2019
While the Transatlantic Trade and Investment Partnership (“TTIP”, also known as the Trans-Atlantic Free Trade Agreement or “TAFTA” ) has been abandoned, the Court of Justice of the European Union (“CJEU”), in an opinion dated April 30, 2019, ruled on the compatibility with EU law of the mechanism for the settlement of disputes provided for under the Comprehensive Economic and Trade Agreement (“CETA”) entered into between Canada and the European Union .
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Published at 28 May 2019
Category : Labor & Employment
E-newsletter: May 2019
The right to strike is the pet peeve of French employers… and for good reasons. France is the champion of strike actions: between 2005 and 2014, it lost between six and eight times more working days than the United Kingdom or Germany; in 2016 it experienced no less than 801 strikes. The right to strike is a fundamental right but it is also a subject of controversy and conflict, particularly on the thorny issue of so-called “abusive” strikes. Paragraph 7 of the 1946 Preamble states that “the right to strike shall be exercised within the framework of the laws governing it”. However, there is no framework law regulating it, but rather scattered laws governing specific sectors such as the public sector, air transport, and the case law of the Cour de Cassation (French Supreme Court). This may explain why companies established in France often express their feeling of legal uncertainty on the strike issue. How to define and where to draw the borderline of abuse? Is a political strike without professional claims lawful in France? What means of action does the employer have at its disposal in the event of a blockage of its company? What means of action not only with regard to striking employees but also to safeguard the interests of its company?
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Published at 28 May 2019
Author : Laure Marolleau
Category : Personal Data
E-newsletter: May 2019
On April 15, the Commission Nationale de l'Informatique et des Libertés (French Data Protection authority, hereinafter the “CNIL”) presented its 2018 activity report, i.e. the assessment that it draws from its activities during the year 2018 which has been marked by the application of the General Data Protection Regulation and the new French Data Protection Act. From the CNIL's assessment and the decisions it took in 2018, we can learn lessons to prevent the risks incurred when processing personal data.
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Published at 28 May 2019
Category : Business Law
E-newsletter: May 2019
Article 17 of the Law for the balance of trade relationships in the agricultural and food industry of October 30, 2018 (known as the “EGalim” Law) authorized the French Government to recast by means of an ordinance Title IV of Book IV of the French Commercial Code on transparency, practices that restrict competition and other prohibited practices. This has now been done with the publication of Ordinance No. 2019-359 of April 24, 2019. The objective pursued by the legislator is to make the rules governing business relationships, practices that restrict competition and prohibited practices easier to understand and more transparent, and to ensure greater legal certainty.
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Published at 28 May 2019
Author : Chems Idrissi
Category : Corporate Law
E-newsletter: May 2019
Law n°2019-486 of May 22, 2019 on business growth and transformation, known as the “PACTE” Law, aims at “improving and diversifying business financing methods”. It is in this context that various measures have been taken to clarify and modernize the rules governing preferred shares.
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Published at 30 April 2019
Author : Emilie Yildiz
E-newsletter: April 2019
On May 17, 2017, Directive 2017/828 of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement in listed companies was adopted. This revision of Directive 2007/36/EC aims to change practices brought about by the 2008 financial crisis, which, by promoting short-term yields, lead to sub-optimal corporate governance and performance.
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Published at 30 April 2019
E-newsletter: April 2019
In a decision dated February 13, 2019, the Cour de cassation (French Supreme Court) confirmed that a jurisdiction clause stipulated in connection with a sale agreement and included in the general terms of sale may extend to tort disputes likely to arise between the parties.
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