[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 [...] Brexit—Is the path clearer now, and what does it look like?
[TRAINING DAY] Labor Code Reform: What the Macron Decrees Entail
Our day oftraining and discussions , conducted in French, took place on October 4 on the following topic: “Labor Code Reform: What the Macron Decrees Entail” From left to right: Andrea Linne, Isabelle Le Coq, Anne-Marie Sénéchal L’Homme, Noémi Schwab [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 [...] 7th Annual Footéolien
BMHAVOCATSis sponsoring the champagne bar for the 7th edition of Footeolien #footeolien FEE ENERTRAG FRANCE NORDEX
Anti-Corruption Law and Enforcement, International Section Spring Meeting 2017
[SEMINAR] 2017 Labour Law Update
Our French-language seminar took place on April 25 on the following topic: "2017 Labor Law Update—What Has Changed for Businesses Since January 2017." This year in particular, companies are facing a large number of new requirements (DSN, electronic pay stubs, occupational health reforms, the obligation to report employees who have committed offenses, etc.). At the [...]