Christophe Jolk’s analysis on the New Tax Treaty between France and Luxembourg: French Tax implications for investors. INTRODUCTION France and Luxembourg signed a new double tax treaty on income and capital (the “New D.T.T.”) on March 20, 2018. The New D.T.T. is awaiting ratification by the parliaments of both countries, which is expected to occur this…
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…
The Franco-German Chamber of Commerce and Industry, supported by its Regional Delegation in the Hauts de France and the Club d’Affaires Franco-Allemand Nord de France and in partnership with the Land’s Ministry of Economy, Transport, Agriculture and Viticulture, organised the visit of a delegation of around ten companies from the Rhineland Palatinate from 28 to…
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…
Christophe Jolk, as member of the International Tax specialist Group (ITSG*) and of Outer Temple Chambers, intervened at the 20th ITSG World Conference on November 2017 in Amsterdam. His appearance at ITSG focused on: Customs related matters (VAT, excise, customs duties) from a UK and EU perspective The role of the ECJ case law for the…
In France, Customs plays an important role in the fight against counterfeiting, particularly through customs withholding. In practice, increasingly brand holders pass off the cost, risk, and responsibility for the fight against counterfeiting of their brands onto the customs administration. Customs often serves as a relay for economic entities, when they don’t want to take…
BMHAVOCATS is sponsor of the champagne bar of the 8h edition of the Footeolien #footeolien FEE ENERTRAG FRANCE NORDEX Anouk Darcet Felgen
Following a lengthy debate, a new principle of a duty of care for companies with respect to their subsidiaries, suppliers and subcontractors has been introduced into French law by the “law on duty of care for the parent and ordering companies”, published in the Official Journal on 28 March 2017. This new act aims at…
Whereas multi-tiered arbitration clauses used to be rather exceptional two decades ago, they are increasingly used nowadays and can be found in a large number of contracts. These clauses aim to meet the growing need for the reduction of time and costs by foreseeing arbitration only as a last means in case the previous proceedings…