On February 1, 2023, the European Commission presented its Green Deal Industrial Plan to enhance the competitiveness of Europe’s net-zero industry and support the fast transition to climate neutrality.
The overall objective is to stimulate the development of clean technologies in the European Union and to ensure Europe’s strategic autonomy by reducing its dependence on third countries.
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.
In two rulings handed down on January 18, 2023, the Cour de Cassation (French Supreme Court) recalled that while the judge cannot substitute him/herself for the employer in establishing and applying the criteria to determine the order of dismissals (i.e. the order in which employee(s) will be dismissed) in the context of a dismissal on economic grounds, in case of dispute on the application of said criteria, the employer must disclose to the judge the objective elements on which it relied in order to make its choice.
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.
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.
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.
Strategic Lawyering