8th edition of the #Footéolien
BMHAVOCATS is sponsor of the champagne bar of the 8h edition of the Footeolien #footeolien FEE ENERTRAG FRANCE NORDEX Anouk Darcet Felgen
[CORPORATE LAW] Introduction under French Law of the duty of care for the parent and ordering parties
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…
[ARBITRATION] The fate of multi-tiered arbitration clauses – welcome clarification of the consequences of a lack of compliance with multi-tiered arbitration clauses in Germany and in France
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…
Decision of the French Constitutional Court number 2016-591 QPC of 21 October 2016 ‘Mrs Helen S’, Trusts & Trustees, Volume 22, Issue 10
Introduction The French Constitutional Court was requested to answer a priority constitutional question (QPC) by the French State Council (Order number 400913) on 22 July 2016. The QPC was asked by Mrs Helen S as to the constitutionality of the second line of Article 1649 AB of the French tax code, as amended by Act…
[CONSTRUCTION] When BIM BOOMS: Construction law and digital transition
BIM? BIM – the abbreviation for “Building Information Modeling” – is gradually becoming an essential element of large-scale construction projects. It is an electronic modeling tool for building data integrating all the stages of a project, from design through completion, to subsequent use of the building. It is not simply an IT tool, but a…
[NEGOTIATION] To Negotiate, but How? The Example of Cross-border Intellectual Property Disputes from a French Perspective
I. Introduction In order to resolve cross-border intellectual property (IP) disputes, French companies are increasingly trying to reach amicable settlements by negotiation, whether with or without the support of a mediator, before having recourse to state courts or arbitration. The reason for this lies both, in the specific nature of IP, that always involves…
CRS and Automatic Exchange of Information: Issues for the Wealth Management Industry
As part of the fight against tax evasion, the European Union, like the United States and some one hundred OECD countries, has set up an automatic information exchange system (EAI, also known as Common Reporting Standard or CRS) via collection by financial institutions (in the broad sense, i. e. banks, insurance companies, asset managers, investment…
[ARBITRATION] Enforcement of arbitral awards in france – the “french touch” makes it a little easier than elsewhere!
In France, like in most other jurisdictions1, there is a double level of limited review of arbitral awards by state courts. At the first instance level, the Court of Appeal at the place of the arbitration may be seized (Article 1519 CPC2), bearing in mind that the award challenge can only be raised on the…
[OFATE] Authorization procedures for onshore wind projects in France
Authorization procedures for onshore wind projects in France From Act No. 2000-108 of 10 February 2000 “on the modernization and development of the public electricity service” to Act No. 2015-992 of 17 August 2015 “on the energy transition for green growth” (LTECV), the rules applicable to the establishment of onshore wind farms in France have…
[LABOUR LAW] The obligation to seek a buyer
The issue of seeking a buyer commonly arises in two situations. The first one corresponds to the closure by a company of one of its establishments that would lead to a project of collective redundancies, better known as “Loi Florange”. The second situation is the one according to which the employer is bound to provide…