2019 will be the year to merge all employee representative bodies

watch our video   1. The implementation of the Social and Economic Committee to replace the existing bodies  A single and mandatory body for all companies After a number of successive reforms of the social dialogue, the French system, involving multiple staff representative bodies, (D.P, C.H.S.C.T, C.E) will have completely disappeared by the end of 2019. […]

Crypto-currencies in insolvency proceedings in France: How to deal with highly volatile assets?

watch our video Born in the early 2010’s, crypto-assets are real UFOs in the French legal landscape. Defined by French Monetary and Financial Code as “any instrument containing in digital form non-monetary value units that may be retained or transferred in order to acquire a good or service but that does not represent a claim […]

M&A: Attribution of knowledge – Obligation to provide information, fraud and fraudulent retention of information – but who actually possesses the information?

It happens frequently that following the acquisition of a business, the acquirer, dissatisfied with the deal, attempts to obtain compensation for damages on the grounds that seller withheld decisive information. Another frequently used strategy is to try to have the contract annulled on the grounds of fraud or fraudulent retention of information. Obligation to provide […]

Less is more – Equal pay for men and women: the measures to take in 2019

watch the Video   Equal pay for men and women: the measures to take in 2019 The French President has decreed gender equality in the workplace to be a « major national cause » for his administration. Law n°2018-771 issued on September 5, 2018 concerning the freedom to choose one’s future career has made the […]

Development of PV projects in France : beware of protected species! November 2018, Le Journal du Photovoltaïque

Watch our video here below (< 2 min) On the basis of European Union Directives[1], French regulations have for more than 10 years established a principle of strict protection regarding the “protected species” (“espèces protégées”).  Developers of PV projects in France have for a long time and often because of a lack of information missed […]

International corporate mobility: the CJEU allows companies to change nationality without effectively transferring their activity

In a highly notable judgment issued on 25 October 2017 – Polbud[1], the Court of Justice of the European Union opens up the possibility for companies to submit to the law of another Member State by transferring their actual place of incorporation, whilst continuing their economic activity in the original Member State. The CJEU thus […]

France has introduced a flexible and efficient security trustee for syndicated loans

Since 1 October 2017, French law has been giving members of banking pools security agents comparable to the security trustees of the Anglo-Saxon system. The security agent can now manage all securities and guarantees (personal, real, French or foreign). As a special fiduciary, he or she holds securities and acts without an additional mandate to […]

The reform of the Labour Code: What the Macron orders contain (Focus 1/5): Although rules regarding grounds for dismissals have been relaxed, companies must remain cautious when drafting termination letters

”Technicalities must not override substance”, was one of the leitmotivs of the Macron government as it presented its orders on the reform of the Labor Code. In other words, employers should not be punished (too harshly) if they fail to comply with a complex and constraining procedural rule when their decision to terminate a work […]

More flexibility in reducing workforce through collective agreement termination

The recent reform of French labour law provides a number of simplifications for companies to reduce their workforce. One of these reforms consists of a so-called collective termination agreement, without any justification for economic reasons within the meaning of the provisions on termination for economic reasons. In particular, the collective agreement is not subject to […]