Legal Insights

In a decision dated February 7, 2018, the Cour de Cassation (French Supreme Court) overturned existing case-law by holding that the limitation of liability clause survives the rescission of a sale transaction despite the retroactive cancellation of the sale contract. By ruling so, the Cour de Cassation aligned its case-law with the new provisions introduced […]

The interests of companies undoubtedly lie at the heart of the reform of the French Labor Code introduced by the so-called Macron Ordinances of September 22, 2017. Driven by the concept of “flexicurity”, the objective of the Government was to give more freedom and security to both companies and employees. In this context, how to […]

On March 6, 2018, the Grand Chamber of the Court of Justice of the European Union issued a judgment stating that the UNCITRAL arbitration clause included in a Bilateral Investment Treaty that establishes a mechanism for settling disputes between an investor and an EU Member State is incompatible with EU law.

In a judgment dated December 7, 2017, the Court of Justice of the European Union (CJEU) recalled the criteria to be applied to determine whether software constitutes a medical device. According to the findings of the CJEU, software that permits the use of data specific to a patient in particular to detect contraindications, drug interactions […]

On February 7, 2018, a new Chamber dedicated to international commercial disputes was created within the Paris Court of Appeals. With the prospects of Brexit and as part of a strategy aimed at re-positioning France on the international economic scene, Paris is increasing its attractiveness for foreign investors. Article authored in collaboration with Marie Stervinou, […]

The 2018 Finance Act introduces changes to the tax treatment of free shares (Attributions Gratuites d’Actions or “AGA” under French law.) This provides the opportunity to review the applicable legal and tax regimes.   Beneficiaries a) The salaried employees of the company allotting the shares, or certain categories of salaried employees; b) The salaried employees […]