After two weeks of stormy debates, the French parliament finally adopted the second amended finance bill for 2012 on July 31. This is the first step of the tax reform announced by the French government and further measures are expected in the fall. The objective of this amended finance bill (“AFB”) is two-fold: (i) breaking […]
In a decision dated May 30, 2012, the Cour de Cassation (French Supreme Court) wrote the final chapter of the long legal and media saga in which the world leading chemical and agrochemical company has been accused of being at the origin of the abnormally high death rate observed among the bee population in France, […]
Pursuant to Article L.134-14 of the French Commercial Code (hereinafter the “FCC”), a non-compete clause set forth in a commercial agency contract must, to be valid, cover a period not exceeding two years, and be limited to (i) the geographic areas and, as the case may be, the clientele, entrusted to the agent and (ii) […]
In a recent decision rendered on April 3, 2012 (n°11-13527), the Commercial Chamber of the Cour de Cassation (French Supreme Court) held that Article L.442-6 I-5° of the French Commercial Code (hereinafter “FCC”), a “public policy” provision according to which a party that is the victim of an abrupt breach of commercial relationships may claim […]
In a much awaited “Vivéo” decision[1] rendered on May 3, 2012, the Labor Chamber of the Cour de Cassation (French Supreme Court) firmly reaffirmed that a redundancy procedure could not be invalidated “in consideration of the economic grounds put forth to justify the redundancy” since the validity of the collective redundancy plan is independent from […]
While the trust, an Anglo-American wealth management tool, has been increasingly used in France in the past few years, it still remains little known and moderately appreciated. This situation is all the more surprising as the trust structure was historically born in France at the time of the Crusades during the 12th and 13th centuries. […]
Strategic Lawyering