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Legal Insights

31 January 2023

The measure that lowers the threshold triggering the control of foreign investments in French listed companies operating in sensitive business sectors is extended in 2023

On December 22, 2022, Mr. Bruno Le Maire, Minister of the Economy, Finance, Industrial and Digital Sovereignty, and Mr. Olivier Becht, Minister Delegate for Foreign Trade, Economic Attractiveness and French Nationals Abroad, Attached to the Minister for Europe and Foreign Affairs, announced in a press release that the temporary measure lowering the threshold of voting rights in listed French companies that triggers foreign investment control in France will be extended until December 31, 2023.

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27 January 2023

The One-Stop Shop for Business Formalities: Story of a (very) difficult start

Open since January 1, 2023, the One-Stop Shop for business formalities (Guichet Unique in French) introduced by the 2019 Pacte Law in order to simplify administrative procedures for businesses has already raised harsh criticism and discontent as its too many malfunctions make it almost ineffective.

Legal and accounting professionals are unanimously mobilized to assist and support companies through this reform.

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26 January 2023

Drones, a new means of proof?

The use of drones, once reserved for the military, is now widespread.

In fact, drones are receiving a high level of interest from investigation services. Even more, they are now becoming indispensable security tools, as shown by the recent acquisition by the City of Toulouse of several drones to protect its inhabitants.

But can these drones be used to secure evidence in a criminal case?

The Criminal Chamber of the Cour de Cassation (French Supreme Court) ruled on this question on November 15, 2022.

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28 December 2022

French Constitutional Council confirms that exclusion clauses included in the by-laws of French sociétés par actions simplifiées are compliant with the Constitution

Pursuant to the first paragraph of Article L. 227-16 of the French Commercial Code, “In accordance with the conditions which they so determine, the by-laws may specify that a shareholder may be required to sell the shares he/she/it holds in the company.”

The second paragraph of Article L. 227-19 of the French Commercial Code, in its version applicable since July 21, 2019, stipulates that the exclusion clauses referred to in Articles L.227-18 “can only be adopted or amended pursuant to a unanimous decision of the shareholders, in the manner and under the conditions provided for in the by-laws”.

In a recent decision issued on December 9, 2022, following four applications for a preliminary ruling on the issue of constitutionality, the Constitutional Council ruled on the conformity of these provisions with the French Constitution.

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27 December 2022

Compensatory allowance v. fundamental rights

In a ruling issued on November 30, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) ruled that the principle of compensatory allowance should prevail over property right, using however a careful argumentation.

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22 December 2022

Open sesame!

The cell phone appears in today’s society as a second home. Everything is there, including our most secret files. But is it possible to refuse to give the key to this home?

In other words, can you refuse to give the access code of your smartphone?

In a ruling issued on November 7, 2022, The Cour de Cassation (French Supreme Court) seems a priori to say that the answer is no.

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