[RESTRUCTURING, BANKRUPTCY PROCEEDINGS] Harmonization and Creditor Representation in France: A New Opportunity for Creditors?
Anja Droege Gagnier and Amélie Dorst discuss the proposed introduction of creditors’ committees in France and their positive impact on creditors’ rights. The French legislature could now address the insufficient representation of creditors’ interests in France by introducing general meetings of creditors and creditors’ committees into French insolvency law. Creditors’ committees would not only [...] [RESTRUCTURING, COLLECTIVE PROCEEDINGS] French pre-pack proceedings challenged by the Proposed Directive of the European Parliament and of the Council harmonizing certain aspects of insolvency law: the difficulty of striking a balance between transparency and confidentiality
French pre-pack proceedings challenged by the European Parliament and Council’s proposed directive harmonizing certain aspects of insolvency law: the difficulty of striking a balance between transparency and confidentiality In France, pre-pack proceedings are considered one of the key restructuring tools. The future transposition of the proposed directive into French law, as it currently stands, [...] [ENERGY] A Look Back at Article 90 of the Renewable Energy Act, Which Allows Local Governments to Exclude Asian Solar Panels
A Look Back at Section 90 of the Renewable Energy Act, Which Allows Local Governments to Exclude Asian Solar Panels Article 90 of the Renewable Energy Acceleration Act allows for the rejection of “products originating in third countries with which the European Union has not concluded an agreement.” pv magazine France interviewed Laurence Duriez [...] [RESTRUCTURING, BANKRUPTCY PROCEEDINGS] A New Opportunity for Creditors?
The Proposed Directive and Creditor Representation in France The proposal for a directive of the European Parliament and of the Council on the harmonization of certain aspects of insolvency law, dated December 7, 2022—which, at the urging of the financial markets, is intended to give greater consideration to creditors’ rights—has not gone uncommented in [...] [LABOR LAW] New Thresholds for Business Expense Deductions in France for 2023
Reimbursement to an employee for expenses incurred in connection with or in the course of work constitutes business expenses that may be excluded from the social security contribution base and are therefore exempt from social security contributions, subject to the conditions and limits set forth in the decree of December 20, 2002 (as subsequently amended). [...] [ENERGY] The Renewable Energy Acceleration Act overlooks the issue of grid connection and S3EnR
The Renewable Energy Acceleration Act overlooks the issue of grid connection and S3EnR The law fails to propose measures to expedite the connection of PV installations and does not limit the additional costs associated with connection infrastructure, such as private substations, which remain subject to S3RENR regulations. Sébastien Canton Source: pv magazine [...] [ENERGY] Authorization Procedures for Onshore Wind Projects in France: A Summary Note (2nd Edition)
Onshore wind farms have been subject to the regulations governing Classified Facilities for Environmental Protection (ICPE) since the law of July 12, 2010, on the National Commitment to the Environment. The summary note below (second edition), written by Anouk Darcet-Felgen and Laurence Duriez, describes the legislation governing the authorization process for wind turbines as well [...] [RESTRUCTURING, COLLECTIVE PROCEEDINGS] Transposition of the Restructuring and Insolvency Directive in France: Evolution or Revolution for Creditors and Equity Holders?
Following the transposition of the Directive, French insolvency law—which was already on the right track with regard to pre-insolvency proceedings—now meets international standards. By following the Directive to the letter, French law introduced voting by creditor classes, whereby creditors can be subject to a cram-down, including cross-class cram-downs. Furthermore, equity holders can be assigned to [...] [COMMERCIAL URBAN PLANNING] Dark stores: New business models for downtown areas
Driven by the health crisis and changing consumer habits, “quick commerce” —that is, the extremely fast delivery of online orders—has grown significantly in France’s major cities. This model requires the establishment of spaces dedicated to storage and order fulfillment in the heart of densely populated neighborhoods. These warehouses, known as “dark stores,” have been set [...] Legal Toolbox #5 Legal guarantees in the construction sector
Les entreprises étrangères du secteur de la construction intervenant en France sont fréquemment confrontées à des dispositions légales ou contractuelles leur imposant des garanties et obligations d’assurance inconnues dans leurs systèmes juridiques nationaux. Quelles sont les principales garanties légales applicables dans ce secteur ? Quels sont les intervenants au chantier concernés ? Quel est le [...]