The Health Crisis Management Law No. 2021-1040 of August 5, 2021 entered into force on August 6, 2021.
Some of its provisions make working as an employee conditional on the presentation of a vaccination certificate or a certificate of negative test result for COVID-19.
The lack of certificate is likely to entail the suspension of the employment contract.
In two decisions issued on June 23, 2021, the Cour de Cassation (French Supreme Court) recalled that “the employer having knowledge of an employee’s wrongdoings” means not only the holder of the disciplinary power but also the employee’s immediate superior, even if the latter does not hold this power himself/herself.
While many company managers fail to comply with their obligation to file annual accounts, the Cour de cassation (French Supreme Court) has decided to reinforce the applicable sanction mechanism in an unprecedented decision issued on March 3, 2021.
Recognizing for the first time the non-exclusive nature of the special provisions of the French Commercial Code allowing a third party to obtain the forced filing of a company’s annual accounts, the Cour de Cassation held that the failure to file annual accounts constituted a manifestly unlawful disturbance that justified the initiation of summary proceedings with a view to putting an end to such disturbance.
In decision No. n°21-D-11 dated June 7, 2021, the Autorité de la concurrence (French Competition Authority) imposed a 220 million euros fine on Google.
The reason: Google had engaged into discriminatory practices aimed at favoring its own adverting technologies to the detriment of the other players of the sector.
The matter was brought before the French Competition Authority by several newspaper publishers (News Corp. Inc., the Figaro group and the Rossel La Voix group) adversely affected by the practices of the digital giant.
Seeking to ensure the survival of companies that could become insolvent in the coming months due to the phasing-out of the support measures that have been put in place, the French legislator has adopted a Law introducing a new procedure, i.e., the judicial crisis recovery management procedure.
This temporary procedure is of particular interest to debtors who may be experiencing short-term difficulties caused by the COVID-19 health crisis and who wish to benefit from a simple and rapid mechanism for spreading out their current liabilities over a long period of time.
2021 is already shaping up to be a year of new developments on such exciting topics as the principle of equality of the parties in the constitution of the arbitral tribunal and the arbitrators’ duty to disclose.
Indeed, in five rulings handed down between the end of December 2020 and mid-February 2021, the Paris Court of Appeals has ruled on the arbitrator’s duty to disclosure, either by reiterating conventional solutions or by adopting, in the case of the International Commercial Chamber of the Paris Court of Appeals, a more innovative approach.
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