[LABOR LAW] Equal Pay for Men and Women: Steps to Take in 2019
Gender equality in the workplace has been declared a “major national cause” for the President of the Republic’s five-year term. Under Law No. 2018-771 of September 5, 2018, on the freedom to choose one’s professional future, eliminating pay gaps is a performance-based obligation(1) for companies with more than 50 employees. The measures that companies must [...] [ENERGY] French PV Market on the Brink of a New Boom?
Le Gouvernement français a lancé l’initiative #PlaceAuSoleil tandis que Total et EDF ont tous deux annoncés des investissements massifs dans le secteur du solaire dans les années à venir. Bien que l’avenir s’annonce radieux pour le solaire en France, certaines difficultés et contraintes doivent encore être surmontées. Il y a quelques semaines, à l’occasion d’un [...] [CORPORATE LAW] International Mobility of Companies: The CJEU Allows a Company to Change Its Nationality Without an Actual Transfer of Its Business
In a highly publicized ruling dated October 25, 2017—Polbud[1], the Court of Justice of the European Union allows companies to subject themselves to the law of another Member State by transferring their registered office, even if their actual economic activity continues in the Member State of origin. Thus, the Court allows companies to freely choose [...] [RESTRUCTURING] France has established a flexible and effective “security trustee” for syndicated loans
Since October1, 2017, French law has provided members of a banking pool with a security agent comparable to the “security trustee ” in the Anglo-Saxon system. The security officer can now manage all types of security interests and guarantees (personal, real, French, or foreign). As a special trustee, he holds the security interests and acts [...] [LABOR LAW] Labor Code Reform: What the Macron Decrees Entail
“Procedural flaws must not take precedence over substance”—this was one of the guiding principles of the Macron administration when it presented its executive orders reforming the Labor Code. In other words, an employer should not be (excessively) penalized on the grounds that it failed to comply with a complex and restrictive procedural requirement, when its [...] [LABOUR LAW] 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 economic [...] [INTELLECTUAL PROPERTY] What if customs authorities decided to stop protecting your trademarks in France…
In France, customs authorities play an important role in the fight against counterfeiting, particularly through customs detention. In practice, trademark owners are increasingly shifting the cost, risk, and liability of combating counterfeiting of their trademarks onto customs authorities. Customs authorities often step in on behalf of economic operators when the latter do not wish to [...] [ARBITRATION] The Fate of Multi-Tiered Arbitration Clauses – Welcome Clarification on the Consequences of Noncompliance with Multi-Tiered Arbitration Clauses in Germany and France
Whereas multi-tiered arbitration clauses were relatively rare two decades ago, they are increasingly common today and can be found in a large number of contracts. These clauses aim to address the growing need to reduce time and costs by providing for arbitration only as a last resort in the event that prior proceedings—such as mediation, [...] [ARBITRATION] The Enforcement of International Arbitral Awards: Strategic Considerations When the New York Convention Does Not Apply
“I’m finally getting my money!” This is the first thought that crosses someone’s mind when he or she receives a favorable arbitral award. Although in more than 90% of cases, international arbitral awards are said to be voluntarily complied with bythe losingparty,¹ in the remaining 10%, the prevailing party must enforce theaward.² Often, the non-prevailing [...]