Legal Insights

In the context of the COVID-19 pandemic, and more specifically the so-called “lockdown-lifting” strategy, the French Government decided to implement an app called “StopCovid” available on smartphones, the aim of which is to alert its users that they have been in close proximity to people who have been tested positive for COVID-19 and who use the same app, as this proximity entails a risk of transmission of the SARS-CoV-2 virus.

This is one of the digital devices implemented by the Government as part of this overall “lockdown-lifting” strategy.

On May 20, the President of the Paris Commercial Court, ruling in summary proceedings, considered that the requirements for establishing the existence of force majeure provided for in the framework agreement signed by EDF and Total Direct Energy were met and ordered EDF to accept the suspension of this framework agreement.

Before being discussed before the Commercial Court, the force majeure clause had already been debated during summary

Removing a child abroad without the permission of the other parent or in the absence of a court order can be a decision with far-reaching consequences. However, such situations are becoming increasingly frequent.

A parent may not deprive a child of his/her family environment and consequently of the presence of the other parent with impunity.

International cooperation has been organized through the adoption of bilateral or multilateral conventions to provide an efficient response to parents whose child has been abducted or retained.

The ultimate question that arises in every situation is as follows: what is in the child’s best interests?

Can a party to a commercial contract escape its obligations because of the economic disruption caused by the Covid-19 pandemic?

The answer to this question, which is of the utmost interest to companies of all sizes, is to be found in the new French contract law introduced by Ordinance of February 10, 2016.

On February 25, 2020, the International Commercial Chamber of the Paris Court of Appeals (Chambre commerciale internationale de la Cour d’appel de Paris, also known by the acronym “CCIP-CA”) ruled for the first time on the independence and impartiality of arbitrators and more generally on the scope of their duty to disclose.

In this decision, the International Commercial Chamber adopted a pragmatic view which showed its willingness to take a casuistic approach.

Law No. 2020-546 of May 11, 2020 extends the state of health emergency until July 10, 2020 included. As a reminder, the state of health emergency was declared by the Law of March 23, 2020 for an initial period of two months.

In addition to this one-and-a-half-month extension of the state of emergency, the provisions of the Law mark a cautious and progressive lifting of the lockdown in France.

This article provides an overview of the main measures adopted.