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Legal Insights

1 April 2022

Neonicotinoids for sugar beet seeds: French Administrative Supreme Court refuses to suspend the provisional marketing authorization

In a decision issued on February 25, 2022, the Conseil d’Etat (French Administrative Supreme Court) validated the derogation allowing the use of sugar beet seeds treated with neonicotinoids.

It dismissed the application filed by four associations (Agir pour l’environnement, the Confédération paysanne, the Fédération nature et progrès and the Fédération française des apiculteurs professionnels) for an interim judgment to suspend a Ministerial Order dated January 31, 2022 that provided for this derogation.

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30 March 2022

Fighting foreign bribery: The OECD Working Group’s Phase 4 report on France distributes good and bad marks

The OECD Working Group on the Implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted the France Phase 4 report on December 9, 2021.

This is an opportunity to recall the origin of this Convention before briefly presenting the good and bad marks distributed by the monitoring team in charge of assessing France’s progress in the fight against foreign bribery and underlining its key role in the defense of the values of the civilized world.

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28 March 2022

The Guerlain judgment on everyone’s lips…

Guerlain almost had its G lipstick case rejected as a three-dimensional trademark, but the judges of the General Court of the European Union were more flexible in their assessment of its distinctiveness than the European Union Intellectual Property Office.

The shape of the lipstick, comparable to a ship’s hull or baby carriage, was considered sufficiently arbitrary, as the General Court of the European Union considered this shape unusual, easily memorable and uncommon on the market. It also found that the rounded contours of the tube prevented it from being positioned vertically as is customary, a clarification related to the use of the product that may nevertheless be surprising.

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21 March 2022

French Supreme Court rules that the usufructuary is not a shareholder

It is clear that family-owned sociétés civiles immobilières (non-commercial property holding companies) are an inexhaustible source of litigation, particularly with regard to the rights of the usufructuary.

The ruling handed down by the Third Civil Chamber of the Cour de Cassation (French Supreme Court) on February 16, 2022 provides another significant example of this as it was published in the Bulletin of the Cour de Cassation.

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