All publications by Soulier Avocats

In a decision issued on February 25, 2022, the Conseil d’Etat (French Administrative Supreme Court) validated the derogation allowing the use of sugar beet seeds treated with neonicotinoids.

It dismissed the application filed by four associations (Agir pour l’environnement, the Confédération paysanne, the Fédération nature et progrès and the Fédération française des apiculteurs professionnels) for an interim judgment to suspend a Ministerial Order dated January 31, 2022 that provided for this derogation.

Guerlain almost had its G lipstick case rejected as a three-dimensional trademark, but the judges of the General Court of the European Union were more flexible in their assessment of its distinctiveness than the European Union Intellectual Property Office.

The shape of the lipstick, comparable to a ship’s hull or baby carriage, was considered sufficiently arbitrary, as the General Court of the European Union considered this shape unusual, easily memorable and uncommon on the market. It also found that the rounded contours of the tube prevented it from being positioned vertically as is customary, a clarification related to the use of the product that may nevertheless be surprising.

The so-called annual forfait jours working time arrangement[1] allows the employer to derogate from the legal working time of 35 hours per week and the payment of overtime hours. The formalities and requirements for setting up this type of working time arrangement as well as the obligations associated therewith are summarized in the infographic below. […]

It is clear that family-owned sociétés civiles immobilières (non-commercial property holding companies) are an inexhaustible source of litigation, particularly with regard to the rights of the usufructuary.

The ruling handed down by the Third Civil Chamber of the Cour de Cassation (French Supreme Court) on February 16, 2022 provides another significant example of this as it was published in the Bulletin of the Cour de Cassation.

While France is holding the presidency of the Council of the European Union, the European Commission proposed on Wednesday, February 23, 2022 a legislation to establish a corporate due diligence duty for companies, their contractors and their subcontractors.

Companies will be required to identify and, where necessary, prevent, end or mitigate the adverse impacts of their activities on human rights and the environment.

Law No. 2016-1691 on transparency, the fight against corruption and the modernization of the economy of December 9, 2016, commonly referred to as the “Sapin II Law”, has provided France with innovative tools inter alia to detect, prevent and punish corruption and breaches of probity.

The reinforcement of the legal arsenal to better fight corruption is one of the major pillars of this Law, and the risks associated to breaches of compliance rules can prove to be a deterrent for buyers in the context of M&A transactions.