In order to comply with European Directive 2005/29 of 11 May 2005 concerning unfair business-to-consumer commercial practices1 as interpreted by the Court of Justice of the European Union, the French rules regarding the announcement of price reductions have been modified2 several times, most recently by a Decree dated 11 March 20153, that entered into force…
The law of July 31, 2014, referred to as the “Hamon Law” had established the obligation, for companies with fewer than 250 employees*, to inform each employee at least two months prior to a transfer or sale, in order to enable the employees to make a takeover offer. Its initial objective was to avoid the…
“I am finally getting my money!” This is the first thing that crosses someone’s mind when he or she gets a favorable arbitral award. Although in more than 90 % of the cases, international arbitral awards are said to be voluntarily complied with by non-prevailing parties1, in the remaining 10 %, the prevailing party has…
The French government has endorsed the reflection of the ILO according to which a “productive social dialogue” is likely to “favor labor-related peace and stability and stimulate the economy”. In an in-depth impact assessment, the government describes a deficient social dialogue that: – is inexistent in companies with fewer than 11 employees, for which the…
To be lawful, the regulatory process with which an entrepreneur (client or contractor) must comply when subcontracting the performance of the entirety or part of a service assumes, specific know-how on the part of the subcontractor, flat-rate remuneration of the subcontractor (this, as opposed to a price calculated based on the number of hours necessary…
The labour chamber of the “Cour de Cassation” (French supreme court) has gained notoriety in recent years in several highly-publicized cases1 by a series of rulings against foreign parent companies of a group of companies, ordering the payment of redundancy compensation and damages to employees of their French subsidiary following the closing of a site or…
Rappel des dispositions principales de la loi Girardin Il existe une loi Girardin Habitation prévue par les articles 199 undecies A concernant les particuliers et l’article 217 undecies du Code général des impôts pour les sociétés soumises à l’impôt sur les sociétés. Il existe également une loi Girardin Industriel prévue par les articles 199 undecies…
A recent decision of the Oberlandesgericht Köln[1] in Germany and two recent decisions of the Paris Court of Appeal[2] and the Court of Cassation[3] in France have reanimated the debate about the impact of party impecuniosity on arbitration agreements. This matter is dealt with quite conversely in France and in Germany: whereas the French Courts…
La négociation comme processus de gestion des conflits jouit d’une grande popularité et est estimée être le processus le plus avantageux du point de vue des entreprises1. La négociation est l’expression de la liberté contractuelle protégée par le droit constitutionnel et reposant sur l’hypothèse selon laquelle les parties économiques ont un comportement autodéterminé, responsable et…
French insolvency law has been significantly reformed by Ordinance No 2014-326, dated 12 March 2014, which came into force on 1 July 2014 and amended the sixth book of the commercial code. An implementing decree (No 2014-736) dated 30 June 2014 clarified the rules for its application. The reform mainly aims at simplifying the insolvency…