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,…
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…
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…
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…
The French Government has launched the initiative #PlaceAuSoleil (literally “a way for the sun”) and Total and EDF have both announced massive investment in the PV sector in the coming years. The future seems bright for the PV market in France, yet some complications and hitches must still be ironed out. A few weeks ago,…
The French Government has launched the initiative #PlaceAuSoleil (literally “a way for the sun”) and Total and EDF have both announced massive investment in the PV sector in the coming years. The future seems bright for the PV market in France, yet some complications and hitches must still be ironed out. A few weeks ago,…
In which cases should we use resolution by mediation? What skills are required to recognize a good mediator and negotiator? Martin Hauser, judging the finals, answers these questions asked by The Negotiation Academy following the 4th edition of the international mediation competition of IBA-VIAC CDRC in Vienna. 1- What cases should lawyers recommend for mediation? [video width=”500″…
In a highly notable judgment issued on 25 October 2017 – Polbud[1], the Court of Justice of the European Union opens up the possibility for companies to submit to the law of another Member State by transferring their actual place of incorporation, whilst continuing their economic activity in the original Member State. The CJEU thus…
Since 1 October 2017, French law has been giving members of banking pools security agents comparable to the security trustees of the Anglo-Saxon system. The security agent can now manage all securities and guarantees (personal, real, French or foreign). As a special fiduciary, he or she holds securities and acts without an additional mandate to…
”Technicalities must not override substance”, was one of the leitmotivs of the Macron government as it presented its orders on the reform of the Labor Code. In other words, employers should not be punished (too harshly) if they fail to comply with a complex and constraining procedural rule when their decision to terminate a work…