EU Law

On May 3, 2023, the European Commission presented proposals that represent a milestone in the fight against corruption at national and EU levels.

The proposed measures aim to prevent corruption and create a culture of integrity, criminalize all corruption offences under the United Nations Convention against Corruption, harmonize penalties across the European Union and establish a dedicated common foreign and security policy sanctions regime to target serious acts of corruption worldwide.

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.

On February 1, 2023, the European Commission presented its Green Deal Industrial Plan to enhance the competitiveness of Europe’s net-zero industry and support the fast transition to climate neutrality.

The overall objective is to stimulate the development of clean technologies in the European Union and to ensure Europe’s strategic autonomy by reducing its dependence on third countries.

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.

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.

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.