E-newsletter  -  February 2018

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Health & Environment
What type of software is to be considered as a medical device according to the CJEU?

Geoffroy Lacroix

In a judgment dated December 7, 2017, the Court of Justice of the European Union (CJEU) recalled the criteria to be applied to determine whether software constitutes a medical device.

According to the findings of the CJEU, software that permits the use of data specific to a patient in particular to detect contraindications, drug interactions and excessive dosages constitutes a medical device, even though it does not act directly in or on the human body.

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Dispute Resolution
Paris Court of Appeals: Creation of a Chamber specialized in international commercial disputes

Flore Foyatier

On February 7, 2018, a new Chamber dedicated to international commercial disputes was created within the Paris Court of Appeals.

With the prospects of Brexit and as part of a strategy aimed at re-positioning France on the international economic scene, Paris is increasing its attractiveness for foreign investors.

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Corporate Law
Allocation of free shares

Chems Idrissi

The 2018 Finance Act introduces changes to the tax treatment of free shares (Attributions Gratuites d'Actions or “AGA” under French law.)

This provides the opportunity to review the applicable legal and tax regimes.

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Consumer Law
Reimbursement of the sums paid by a consumer following the exercise of the right of withdrawal and clarification of the concept of “customized” goods

Isabelle Cottin

Pursuant to Article L. 221-18 of the French Consumer Code (“FCC”) introduced by Law of March 17, 2014, a consumer who makes a purchase online benefits from a right of withdrawal, with no additional fee. Specifically, this right of withdrawal applies to distance and off-premises contracts as well as to contracts entered into following a cold calling.

In a decision dated January 17, 2018, the First Civil Chamber of the Cour de Cassation (French Supreme Court) recalled the sanction that may be imposed on a trader that does not reimburse the sums already paid by a consumer who exercises his/her right of withdrawal. It also further specified the concept of “clearly customized goods” set forth in Article L. 221-28 of the FCC that excludes the application of the right of withdrawal.

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What do artificial intelligences dream about?

Chems Idrissi served as a panelist during the “Faced with artificial intelligences, should work be saved?” conference organized by Pop’Sciences – University of Lyon in collaboration with Mouvement Up on April 23 at the University of Lyon, as part of the a series of conferences on “What do artificial intelligences dream about?” that takes place from April 23 to May 8, 2018.

More information on the “What do artificial intelligences dream about?” series of conferences

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