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Jeantet | February 2016

The Cour de cassation[1] re-focused its stance relating to asymmetrical jurisdiction clauses through two decisions rendered in 2015 ...

Jeantet | April 2016

2015 was a record year in the Hungarian M&A market. Both in terms of value and number of transactions, 2015 was the best year since 2008, with approximately 160 closed transactions and an aggregate value of approximately EUR 2 billion. Although the acceleration follows global trends, the Hungarian market has a few specifics that will further enhance a growing M&A market in 2016 as well ...

Jeantet | June 2016

Recent “gun jumping” rulings across Europe have included fines on investors and serve as reminders that exchange of information between two competitors during an M&A negotiation has to be treated with caution.In fact, if the focus in an M&A deal is usually on merger control clearances, the path towards the completion of the operation has also to be monitored very closely, in the sense that the companies involved should remain independent competitors until the deal is effectively closed ...

Jeantet | June 2016

Contrary to Anglo-Saxon and Northern European countries, French financial institutions have not used asset based lending, both because French security law was perceived as debtor friendly in insolvency proceedings and because French banks usually lend against balance sheets.In the context of credit restrictions, the French government was challenged to foster a reform aimed at facilitating the mobilisation of assets, in particularby SMEs, which have no credit rating ...

Jeantet | November 2016

? The reform of the French law of obligations implemented by the French ordinance No 2016—131 of 10 February 2016 (the Ordinance), conducted after public consultations and high quality working papers, constitutes the deepest overhaul of French contract law since the Civil Code of 1804. The Ordinance applies to contracts entered into as from 1 October 2016,2 including amendment agreements, tacit renewals and novated contracts executed or occurring after that date ...

Jeantet | November 2016

The reform of French law of obligations implemented by the French ordinance No 2016-131 of 10 February 2016 (the “Ordinance”), conducted after public consultations and high quality working papers, constitutes the deepest overhaul of French contract law since the Civil Code of 1804. The Ordinance applies to contracts entered into as from 1st October 20162, including amendment agreements, tacit renewals and novated contracts executed or occurring after such date ...

Jeantet | November 2016

Any judicial decision rendered by a foreign court is generally subject to a judicial enforcement proceeding (referred to as exequatur in France) in order to be recognised and enforced in France ...

Jeantet | December 2016

Financial Industry, ICC Commission Report on Financial Institutions and International Arbitration, International Financing The ICC Commission on Arbitration and ADR’s Task Force on Financial Institutions and International Arbitration recently published its ‘Report on Financial Institutions and International Arbitration’ (the “Report”) ...

Jeantet | May 2017

Created in 2007 with a view to provide French law with a security agent regime in syndicated loans as competitive as the Anglo-saxon security trustee, the provisions of Article 2328-1 of the French Civil Code have been subject to criticism because of the legal uncertainty related to the nature of the security agent''s powers and its too limited scope ...

Jeantet | June 2017

The French market has been known to be restrictive due to the banking monopoly, which classically restricted the origination of loans and the acquisition of unmatured receivables to credit institutions and financing companies, with small exceptions. Due to the overregulation of credit institutions and financing companies, many transactions were structured abroad ...

Jeantet | July 2017

A regional director was fired for poor performance.According to her dismissal letter, she was terminated because of her behavior that had led a number of co-workers to suffer from stress and harassment. More particularly, the letter pointed out her directive management style and her authoritative leadership, a lack of consistency and honesty, the fact that she aimed at discouraging her team members and did not treat them with respect using an insulting and degrading language ...

Jeantet | July 2017

An employee was fired after several sick leave periods, the last one of more than seven months. Her dismissal was based on the disturbance of the running of the prospecting and customer retention department that had resulted from her frequent and prolonged absences.She sued her employer before the labor court, seeking to have her dismissal declared unfair.The Court of Appeals rejected her claim ...

Jeantet | July 2017

A CFO of a company was dismissed for poor performance. He sued his employer arguing that his dismissal was unjustified. The company’s defense was based on several emails produced in court which were supposed to show the CFO’s poor quality work.Under French law, the golden rule is that any system collecting or processing data including professional email systems must be declared to the Data Protection Agency (“CNIL”) in order to be legal ...

Jeantet | June 2018

Earlier this year the European Commission issued a proposal for a Directive of the European Parliament and of the Council on credit servicers, credit purchasers and the recovery of collateral (the “Proposal”) ...

Jeantet | October 2018

France has taken steps to set up a dedicated frame for cryptocurrency transactions aiming at conciliating legal certainty, market integrity and innovation. Capitalizing on best market practices, a recent bill defines an optional visa regime for ICOs, while a report commissioned by the French government sets forth principles of minimum regulations. Taxwise, the French Administrative Supreme Court has just ruled in favour of investors in Bitcoins ...

Jeantet | March 2020

After the publication in the Journal Officiel of the Law “emergency to deal with the Covid-19 epidemic”, the Government presented, Wednesday in the Council of Ministers, 25 ordinances and several decrees to deal with this health and economic crisis. These texts were published in the Official Gazette of 26 March 2020 and are therefore applicable. We present here the various measures adopted in Labour Law ...

Jeantet | March 2020

Although the coronavirus is an extraordinary situation making financial communication both necessary and particularly sensitive, there is no indication at this stage that listed companies will benefit from any exemptions regarding compliance with their legal obligations or from any forbearance from theAutorité des Marchés Financiers(“AMF”) ...

Jeantet | March 2020

In principle, the employer may not take measures likely to infringe on the privacy of its employees, in particular by collecting health data or information relating to the search for possible symptoms (art. 9 of the GDPR and art. 6 of the Data Protection Act). 1 ...

Jeantet | March 2020

The covid19 global crisis and the relating lockdown measures will strongly impact the activity of borrowers and the value of their assets. Their repayment capacity and their liquidity needs will also be affected. The crisis also impacts lenders and the operation of financial markets. We outline advice to meet the difficulties that may arise in the implementation and negotiation of financing agreements.   1 ...

Jeantet | March 2020

The French Government Ordinance enacted on 26 March 2020[1] create a solidarity fund intended to provide financial aid to natural and private law legal persons having economic activity severely affected by the Covid19 crisis. The Solidarity Fund is created for a three-month period (renewable once for the same duration by decree) and will be funded by the State, and on voluntary basis, by regions and certain other territorial authorities ...

Jeantet | March 2020

PUBLICATION OF TWO ORDINANCES OF MARCH 25, 2020 CONCERNING THE DELIBERATION OF THE CORPORATE BODIES AND THE APPROVAL OF THE ANNUAL ACCOUNTS Two ordinances were published on March 25, 2020, in order to allow (i) shareholders’ meetings to be held behind closed doors, (ii) boards of directors or supervisory boards to meet remotely even for the purpose of approving the annual accounts or without any provision in this respect in the by-laws, and (iii) an extension of the deadlines fo

Jeantet | March 2020

Taxation: emergency measures to be taken to deal with the coronavirus (COVID-19) crisis: transcription of the crisis into the companies’ accounts, reduction of the tax burden, preservation of the company’s cash flow and choice of financing and restructuring tools ...

Jeantet | March 2020

Article 10 of the French government’s Ordinance no. 2020-306 of 25 March 2020 on the extension of the time limits during the health emergency period and the adaptation of procedures during said period provides for specific provisions aiming at adjusting certain time limits applicable to tax audits and, more specifically, at suspending their application as of 12 March 2020 until the expiry of a period of one month after the end of the state of health emergency (i.e ...

Jeantet | March 2020

COVID-19 was declared as a pandemic by the WHO on 11 March 2020 ...

Jeantet | April 2020

By Ordinance dated April 1ston emergency measures relating to staff representative bodies (“IRP”), the Government had provided for the possibility for companies to hold meetings with their IRP via videoconference or conference call but also by instant messaging app if the two first means cannot be used. By Decree published on April 10th, 2020, the Government provided clarifications on how to use conference calls and instant messaging ...

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