Strategic Lawering Paris Lyon Bruxelles


Published at 30 March 2018
Author : Sara Bellahouel
Category : Labor & Employment
E-newsletter: March 2018
The interests of companies undoubtedly lie at the heart of the reform of the French Labor Code introduced by the so-called Macron Ordinances of September 22, 2017. Driven by the concept of “flexicurity”, the objective of the Government was to give more freedom and security to both companies and employees. In this context, how to offer companies a more secure framework whereas French labor law is internationally known for its complexity, its rigidity and its large corpus of rules? One of the solutions adopted by the Government is to help better assess a risk so feared by French and foreign businesses: The litigation risk.
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Published at 30 January 2018
Category : Labor & Employment
E-newsletter: January 2018
While the European Ministers of Labor and Social Affairs reached on October 23, 2017 an agreement on the revision of the 1996 Posting of Workers Directive, in particular at the instigation of the Macron Government, France is reviewing its own legislation on the subject. On December 20, 2017, the Government indeed announced a series of measures concerning the posting of foreign employees in France, a practice known as “transnational” posting of workers. A 7th “Macron Ordinance” is expected to be published in the first quarter of 2018. Greater simplicity but tighter sanctions for non-compliance: This should be the spirit of this new Ordinance. As a matter of fact, the Government seems to primarily seek to track down companies that do not comply with their obligations – for example concerning the remuneration of posted employees – and that, as a result, fuel a social dumping mechanism.
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Published at 11 December 2017
Category : Labor & Employment
E-newsletter: December 2017
Telework is definitively growing at a fast speed! This type of work organization has become a true societal phenomenon in France in particular since telework has been introduced in the French Labor Code following the adoption of Law dated March 22, 2012. Today, telework is a reality in the daily life of many French employees, mainly in large urban areas. Telework was thus legitimately included in the scope of the negotiations that took place this summer to prepare the reform of French Labor law. The objective was to facilitate access to this type of work organization that is about to become common, and to implement a secured framework for employees. Ordinance n° 2017-1387 of September 22, 2017 thus recast the legal framework governing telework but does not appear to be really a progress towards simplification.
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Published at 29 September 2017
Category : Labor & Employment
E-newsletter: September 2017
He had promised it and he did it: The Major Reform of French Labor law was the spearhead of Emmanuel Macron’s presidential campaign. On Friday September 22, 2017, the President of the French Republic signed the five Ordinances that substantially reform French labor law. While for Emmanuel Macron this reform constitutes a “Copernican revolution” of labor relationships, opponents, including in particular Jean-Luc Mélenchon, the head of the far-left party La France Insoumise, call it a “social coup d'état ». So, revolution or putsch? On both sides, the terms used are certainly exaggerated but a new wind is definitively blowing. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances.
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Published at 30 August 2017
Category : Civil Procedure
E-newsletter: July / August 2017
Six years after the entry into force of Decree n°2009-1524 of December 9, 2009 referred to as the “Magendie” Decree, the appellate procedure is about to be significantly amended. Indeed, Decree n°2017-891 of May 6, 2017 relating to pleas of lack of jurisdiction and appeals in civil matters, published in the Official Gazette on May 10, 2017, brings about substantial changes to this procedure. Such changes, which are primarily aimed at speeding up the appellate procedure and limiting court congestion, introduce strict rules that must be followed to avoid serious pitfalls such as invalidation, inadmissibility or nullity which may in the worst case scenario entail the sudden and final end of the appellate proceedings. This article addresses the main procedural innovations brought about by the reform, such innovations to become effective on September 1, 2017.
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Published at 29 June 2017
Category : Criminal Law
E-newsletter: June 2017
Since March 1, 2017, new provisions govern the statutes of limitations for the prosecution of criminal offenses (i.e. the time-line during which an offense must be prosecuted) and the statutes of limitations for the enforcement of penalties. What are the consequences of these changes?
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Published at 28 October 2016
Author : Chems Idrissi
Category : Corporate Law
E-newsletter: October 2016
Introduced by Ordinance n°2016-131 of February 10, 2016, the French contract law reform has just entered into force. Even though much has already been said and written about it , the impact of the reform on M&A transactions remained to be studied. Although not revolutionary (even if it codifies the theory of unforeseeability, long overlooked by the French legislator), this reform should be given credit for setting in stone principles mainly established by case-law, and for making French law more accessible, which non-legal professionals will undoubtedly highly appreciate.
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