[ENERGY] France accelerates its energy transition on commercial and industrial buildings

In a quick suc­ces­sion, two recent­ly adopt­ed leg­is­la­tions will boost the tran­si­tion towards more envi­ron­men­tal­ly friend­ly C&I build­ings. A brief insight.   I. New stan­dards for ener­gy effi­cien­cy in “ter­tiary” build­ings   As for build­ings in the “ter­tiary” sec­tor (which includes hotels, shop­ping cen­tres, office build­ings), the Decree of July 23, 2019 “regard­ing the duties…

[ARBITRATION] The international chambers of the Paris Commercial Court and of the Paris Court of Appeal

As part of the mod­erni­sa­tion of the French jus­tice sys­tem, on 7 Feb­ru­ary 2018, an appeal body has been set up for the Inter­na­tion­al Cham­ber of the Paris Com­mer­cial Court at the Paris Court of Appeal.[1] At the begin­ning of year 2018, mul­ti­lin­gual judges were appoint­ed at the Inter­na­tion­al Cham­ber of the Paris Court of…

[LABOUR LAW] 2019 will be the year to merge all employee representative bodies

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. Although, until now,…

[ENERGY] Ups and Downs of French Energy Policy

The demon­stra­tions of the “yel­low vests” move­ment, ini­tial­ly focus­ing on the increase of envi­ron­men­tal tax­es on fuel, and recent demon­stra­tions for Cli­mate have again brought the envi­ron­men­tal and ener­gy issues into the bright light of pub­lic debate. Some weeks before protests and march­es began, the French Gov­ern­ment had unveiled the main direc­tions of the “mul­ti­an­nu­al pro­gram­ming…

[TAX] Measures for combating questionable tax optimisation schemes

1. The intro­duc­tion of a so-called “mini tax law abuse” for trans­ac­tions whose “main” pur­pose is tax relat­ed Art. 109 of the Finance Act for 2019 intro­duces a new so-called “mini tax law abuse” pro­ce­dure, designed to enable tax author­i­ties to exclude tax opti­mi­sa­tion schemes which prin­ci­pal­ly pur­sue a tax objec­tive under Art. L. 64 A of the Tax…

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

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 towards the issuer”[1],…

[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. The acquir­er is…

[LABOUR LAW] 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 elim­i­na­tion of pay gaps obligatory(1) for com­pa­nies with more than 50 employ­ees. The actions that…

[ENERGY] Development of PV projects in France : beware of protected species!

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 the issue. Yet, some local envi­ron­men­tal author­i­ties have…