Legal Insights

In today’s digital age, transfers of websites, in particular merchant websites, are on the rise.

The question of the legal nature of this type of transfer was of course raised. In this respect, the recognition of the existence of an e-business and, consequently, the application of the formalities relating to the transfer of “classic” businesses to this type of transfer are no longer a matter of debate.

However, some specificities relating to the transfer of e-businesses should be dealt with cautiously, in particular with regard to the items to be transferred and the protection of personal data.

In a ruling issued handed down on March 27, 2023, the Conseil d’Etat (French Administrative Supreme Court) upheld the cancellation of the operating license for the Gardanne biomass plant located in the municipalities of Meyreuil and Gardanne, in the Bouches-du-Rhône region, which had been ordered by the Marseille Administrative Court on June 8, 2017.

The Conseil d’Etat based its decision on the fact that the impact study had failed to analyze the environmental effects of the plant’s wood supply process.

Whereas previously the abandonment of a job by an employee could constitute a misconduct that justified a dismissal, the so-called Labor Market Law has introduced a presumption of resignation when an employee voluntarily abandons his/her job, in order to limit the use of this practice by employees.

In a ruling issued on March 1, 2023, the Conseil d’Etat (French Administrative Supreme Court) clarified the conditions under which the administrative judge exercises his/her power to stay proceedings for the purpose of correcting the defects of an environmental authorization.

In two judgments handed down on February 28, 2023, the summary judge of the Paris Judicial Court declared inadmissible the claims of several environmental protection associations seeking that TotalEnergies be ordered to comply with its duty of vigilance obligations under the Law No. 2017-399 of March 27, 2017.

French criminal law is to be interpreted strictly. This principle, enshrined in Article 111-4 of the French Criminal Code, is a principle that permeates French criminal law. It follows that criminal law rules must be applied literally.

In a ruling issued on February 1, 2023, the Cour de Cassation (French Supreme Court) recalled this principle of strict interpretation of French criminal law in a case concerning the refusal of restitution of a seized property.