Legal Insights

In a judgment handed down on November 22, 2022, the Court of Justice of the European Union, sitting as the Grand Chamber, held that, in the light of the Charter of Fundamental Rights of the European Union, the provision of the so-called anti-money laundering Directive whereby Member States must ensure that the information on the beneficial owners of corporate and other legal entities incorporated within their territory is accessible in all cases to any member of the general public is invalid.

The 27th session of the Conference of the Parties, or “COP27”, took place from November 6 to 18 2022 in Sharm el-Sheikh, Egypt.

The only noticeable achievement is the creation of a financial fund to compensate for loss and damage caused by extreme weather events.

As of January 1, 2023, the formalities for the registration, change and cancellation of liens and pledges over intangible movable property will have to be carried out in a single register called the “register of security interests over moveable property and other related transactions”.

This register was created by Decree dated December 29, 2021, with the aim of simplifying the rules governing the publication of security interests over moveable property, which until now varied according to the type of security interest concerned.

A chapter dedicated to this register has been incorporated into the French Commercial Code by the aforementioned Decree, and provides a number of clarifications.

After ordering the French State in 2017 to comply with air quality standards, and in 2021 to pay a penalty payment of €10 million for the period from January 11 to July 11, 2021, the Conseil d’Etat (French Administrative Supreme Court) ordered it to pay two new penalty payments of €10 million each for the two periods from July 2021 to January 2022 and from January 2022 to July 2022 for the persistent breach of the authorized nitrogen dioxide concentration limit.

In today’s time when some politicians are tempted to “use the coffin of a 12-year-old girl as a stepping stone” to promote their ideas and a deadly hatred, when others buy the domain name corresponding to the first name of the little victim of a heinous murder, when investigations for breach of the secrecy of pre-trial investigations are launched following the interview of a police officer giving details on this horrible news item, it appears essential to recall the importance – beyond the respect normally due to the victim – of a core value of our rule of law: The secrecy of pre-trial investigations and inquiries.

How to effectively combat SLAPPs that can be initiated against journalists and human rights defenders when they denounce facts that are upsetting for the targeted persons?

This is the purpose of the European Commission’s proposal for a Directive “on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings” unveiled on April 27, 2022 which suggests that Member States should strengthen procedural safeguards for those against which SLAPPs are initiated.