30 May 2023 | Claire Filliatre

The Paris Judicial Court approved two new French-style Deferred Prosecution Agreements on May 17, 2023

Two new Conventions Judiciaires d’Intérêt Public (French-style Deferred Prosecution Agreements, hereinafter “CJIPs”) have been published on the website of the Ministry of Justice, following their approval by the Paris Judicial Court on May 17, 2023.

These two CJIPs concern legal entities accused of having committed acts that could be classified as influence peddling for the first CJIP, and of having participated in irregularities in public procurement for the second CJIP.

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30 January 2023 | Soulier Avocats

Dismissals on economic grounds: Be careful when establishing and applying the criteria to determine the order of dismissals

In two rulings handed down on January 18, 2023, the Cour de Cassation (French Supreme Court) recalled that while the judge cannot substitute him/herself for the employer in establishing and applying the criteria to determine the order of dismissals (i.e. the order in which employee(s) will be dismissed) in the context of a dismissal on economic grounds, in case of dispute on the application of said criteria, the employer must disclose to the judge the objective elements on which it relied in order to make its choice.

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29 November 2022 | Soulier Avocats

The specific compensation due to an employee in case of void dismissal can be reduced by the judge only if the employer expressly so requests

Wherever a dismissal is declared null and void because it is based on a prohibited or unlawful ground, the judge is required to examine the other grounds for dismissal, if any, that have been raised in order to determine the amount of the specific compensation to be awarded to the employee… But only if he/she is expressly asked to do so by the employer.

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25 August 2022 | Soulier Avocats

The unlawfulness of a ground for dismissal “contaminates” the other grounds for dismissal

In case of unsubstantiated abuse of a fundamental freedom relied upon to justify the dismissal of an employee, the dismissal is void even if other grounds could justify the termination of the employment contract.

In a decision issued on June 29, 2022, the Cour de Cassation (French Supreme Court) applied for the first time the principle of “contaminating ground for dismissal” in the context of the use of freedom of expression.

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