Member of the Paris Bar
In a decision rendered on January 21, 2014[1], the Commercial Chamber of the Cour de Cassation (French Supreme Court) has ruled that the operation, without prior authorization, of a business activity governed by the legislation on classified facilities for the protection of the environment[2] could be considered as an act of unfair competition. This decision […]
The public is now better informed than ever before. And the public has never been so much worried with respect to environment-related matters. In this context, how should we understand the process of public participation in decisions affecting the environment that had been extended and regulated by the Law n° 2012-1460 of December 27, 2012, […]
The soil remediation market has experienced a significant growth over the past few years. The expenses incurred by the remediation of polluted sites and soils have reached 690 million Euros in 2010, and continue to grow every year[1]. Several factors may explain such growth: the tightened environmental regulatory provisions applicable to industrials, the rising demand […]
After 10 years of application, Council Regulation (EC) N°44/2001 of December 22, 2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (known as “Brussels I Regulation”) is being recast. “Matrix” of the European civil judicial cooperation, this text, of a considerable practical importance since it applies in a broad […]
The so-called Médiator® case[1] has fostered in France an unprecedented climate of suspicion towards the healthcare system and significantly tarnished the image of the medicinal product industry and healthcare companies in general. Fully aware of the shockwave caused by this case, the French legislator adopted a law to restore public confidence in the French health […]
When a classified facility (“CF”)[1] is definitively shut down, it is primarily up to the operator, i.e. the entity that controls and manages the activity and the site on an everyday basis, to comply with all applicable provisions related to site rehabilitation. A difficulty arises when it is not possible to impose the obligation to […]
Strategic Lawyering