E-newsletter  -  December 2017

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Best Wishes for 2018!

As another year is coming to an end, we are increasingly confronted with binary judgments and everyone is summoned to take sides. In France you are either right-wing or left-wing. Earlier this year, the French elected a new President who described himself as right-wing and left-wing. Most of our commentators, whether professional or amateur, could not make head nor tail of it. Neither right nor left…. possibly…. but right “and” left?

Another divide: Science or conscience? Yes to biological production but no to biotechnologies. If you dare saying that science has helped reduce diseases and increased life expectancy, you might as well be regarded as someone who is a transhumanist without knowing it.

A new bogeyman has recently appeared: Artificial Intelligence which – it is reportedly bound to happen – will supplant humans, some even adding that it would be no great loss. Again we are summoned to take sides: Artificial intelligence or Man.

In the field of law, judges would eventually be replaced by robots and lawyers by search engines.

We are convinced that the opposite holds true: All the tools that give greater access to information and help better understand information processing will free human intelligence and man’s creative ability.

This is the message that we want to convey through our New Year’s wishes. Our goal is to serve our clients in a more efficient world where ethics, empathy and proximity have their rightful place. We are betting on science and conscience.

A very happy New Year to all of you!

Jean-Luc Soulier, Managing Partner

View our season’s greetings e-card

Labor & Employment
The new legislation on telework introduced by the reform of French labor Law is not necessarily a step towards simplification

Emilie Ducorps-Prouvost

Telework is definitively growing at a fast speed! This type of work organization has become a true societal phenomenon in France in particular since telework has been introduced in the French Labor Code following the adoption of Law dated March 22, 2012. Today, telework is a reality in the daily life of many French employees, mainly in large urban areas.

Telework was thus legitimately included in the scope of the negotiations that took place this summer to prepare the reform of French Labor law. The objective was to facilitate access to this type of work organization that is about to become common, and to implement a secured framework for employees. Ordinance n° 2017-1387 of September 22, 2017 thus recast the legal framework governing telework but does not appear to be really a progress towards simplification.

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Business Law
Action for damages for breach of an established business relationship brought in the context of an intra-EU dispute: Action in tort or action in contract?

Stéphanie Yavordios

The action for damages for breach of an established business relationship brought in the context of an intra-EU dispute is not an action in tort if a tacit contractual relationship existed between the parties.

This is the principle laid down by the Cour de Cassation (French Supreme Court) in a decision dated September 20, 2017. By ruling so, the Cour de Cassation followed the findings of a recent judgment handed down by the Court of Justice of the European Union, and departs from the case-law it traditionally applies in domestic disputes.

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Civil Procedure
Is the fact that a website is accessible from France sufficient to establish the jurisdiction of French courts?

Anaëlle Idjeri

On the Internet, determining the location of a damage is particularly complex as such damage may occur in a multitude of places. In this context, the question arises as to what criterion should be applied to determine the court that is territorially competent to hear a tort claim seeking compensation for the damage resulting from a harmful event that occurred on the Internet.

In a decision dated October 18, 2017, the First Civil Chamber of the Cour de Cassation (French Supreme Court) recalled that the mere fact that the French audience has access to a website broadcasting a video ad that infringes copyrights is sufficient to establish the jurisdiction of French courts.

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Firm News
Emilie Ducorps-Prouvost named Co-Chair of the World Law Group Human Resources Law Practice Group

Soulier AARPI is pleased to announce that Emilie Ducorps-Prouvost, Labor Law Partner, has been named new Co-Chair of the Human Resources Law Practice Group of the World Law Group, a global network of preeminent law firms with more than 18,000 lawyers from 360 offices in major business centers in 78 countries worldwide.

Read the press release

More information on the World Law Group

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