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EU Law

18 April 2022 | Sophia El Makhoukhi

Cross-border simplified mergers: The management bodies of the companies involved in the merger are required to prepare a written report

The Legal Committee of the Association Nationale des Sociétés par Actions (French association of joint stock companies, commonly referred to by its acronym “ANSA”) met on March 2, 2022 to express its opinion on the application, in the context of cross-border simplified mergers, of the exemption from the obligation to prepare a written report provided for in the context of domestic simplified mergers.

A brief reminder of the applicable rules in this area is necessary before presenting the issue at stake and the clarification given by ANSA.

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23 April 2021 | Pauline Kubat

COVID-19: Joint opinion from the EDPB and the EDPS on the digital green certificate designed to facilitate travels within the EU

On March 17, 2021, the European Commission presented a proposal for a regulation to create a digital green certificate to facilitate free movement within the European Union in the current context of the COVID-19 pandemic.

This contemplated digital tool was discussed in a joint opinion from the European Data Protection Board and the European Data Protection Supervisor dated March 31, 2021, published on April 6, 2021.

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23 March 2021 | Soulier Avocats

Special jurisdiction under Article 35 of the Brussels I recast Regulation vs. preparatory inquiries under Article 145 of the French Code of Civil Procedure

Pursuant to Article 35 of the Brussels I recast Regulation, the local judge may order provisional or protective measures, even though another judge has been given – or has accepted – jurisdiction to rule on the merits of the case, in particular under the terms of a jurisdiction clause.

In a decision handed down on January 27, 2021, the Court de Cassation (French Supreme Court) ruled on the French judge’s power to order preparatory inquiries in futurum (literally for the future) and aligned its position with the autonomous notion of “provisional, including protective, measures” provided for by European Law.

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28 January 2021 | Pauline Kubat

Online gambling: An experienced poker player remains a “consumer” according to the CJEU

Does a player who is a little too experienced and victorious for an online poker site – this player having won 227,000 euros in less than a month and a half – retain the status of non-professional “consumer” within the meaning of Regulation (EC) No 44/2001 of December 22, 2000 (known as the Brussels I Regulation)?

In a judgment issued on December 10, 2020, the Court of Justice of the European Union answered yes to this question.

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