Legal Insights

The closure of many companies since the first lockdown in March 2020 and the resulting economic slowdown have caused high tensions between lessors and lessees of commercial premises. Some tensions escalated to disputes, some of which have already been brought before French courts.

Law No. 2020-1379 of November 14, 2020 authorizing the extension of the state of health emergency and introducing various measures to manage the health crisis (the “Law”) has supplemented the measures taken as early as in March 2020 by the French Government concerning the performance of commercial leases agreements.

In a ruling issued on November 25, 2020, the Cour de Cassation (French Supreme Court) reaffirmed the exceptional nature of co-employment by giving a new definition of its constituent elements.

This more restrictive definition, which reinforces the exceptional nature of the situation of co-employment, should have a deterrent effect on employees wishing to rely on this concept in court.

Having received several complaints against the Carrefour group, the French Data Protection Authority carried out inspections between May and July 2019 at Carrefour France (mass retail sector) and Carrefour Banque (banking sector).

During these inspections, it found a number of breaches in the processing of customer and potential user data, and consequently imposed a 2,250,000 euros fine on Carrefour France and a 800,000 euros fine on Carrefour Banque. The breaches mainly concerned the information provided to individuals and the respect for the rights of such individuals.

In order to deal with the economic impact of the “second wave” health crisis, two Decrees amending the standard short-time work scheme on the one hand and the long-term short-time work scheme on the other hand were published on October 30, 2020.

What are the new measures laid down by these Decrees?

In a Q&A posted on its website and updated on November 17, 2020, the French Ministry of Labor provides details on teleworking in the context of the “second wave” of the COVID 19 pandemic.
While in the previous versions of the health protocol telework was “recommended”, it must, since October 29, 2020, be generalized for all activities that allow it.

The decision of the Paris Court of Appeals of June 2, 2020[1] provides valuable insights into the interplay, sometimes complex, between the various agreements entered into between a seller and a purchaser of shares, which agreements generally include a promise of sale agreement subject to conditions precedent, a set of representations and warranties (called garantie d’actif et de passif under French law) and the final purchase agreement that acknowledges the fulfillment of the conditions precedent and the proper completion of the sale transaction.