Companies in the process of incorporation: Formality requirements governing the assumption of pre-incorporation contracts are abolished

Lydie Bontemps-Helmy, Esq.

In three rulings issued on November 29, 2023, published in the Information Bulletin and Annual Report of the Cour de cassation (French Supreme Court), the Commercial Chamber of said Court reversed it case law on the requirements governing the assumption of pre-incorporation contracts.

In so doing, the Commercial Chamber wished to put an end to the undesirable effects caused by parties wishing to evade their commitments, which results in the weakening of companies during the start phase of their business activities and of third-party contracting parties who have not debtor to turn to in the event of cancellation of the relevant contract(s).

Latest news in French labor and employment

Olivia Heilpern, Esq.

In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.

These rulings concern inter alia the employer’s inexcusable fault, the signature of mutual separation agreements, harmful management practices and serious misconduct, and automatic compensation for breach of the employees’ right to rest.

Circular economy: Provisional agreement on the “right to repair” Directive

Laure Marolleau, Esq.

The European Council and the European Parliament reached a provisional deal on a Directive that promotes the repair of broken or defective goods, also known as the right-to-repair (or R2R) Directive.

This Directive aims to increase the repair of goods within the legal guarantee and to provide consumers with simpler, cheaper options for repairing technically repairable products when the legal warranty has expired or when the good no longer functions due to wear and tear.

Last session of our Compliance Task Force

The last session of the Compliance Task Force created by Soulier Avocats in partnership with the European American Chamber of Commerce Auvergne Rhone-Alps (EACC) took place on March 14, 2024. The theme of this session was “Risk Mapping: Definition, Issues at Stake, Methodology”.

After an update by our Counsel Claire Filliatre on the latest negotiations concerning the draft Corporate Sustainability Due Diligence Directive (CSDDD), on the political agreement reached on March 5, 2024 between the European Commission, the European Parliament and the European Council concerning the Regulation prohibiting products made with forced labor on the EU market, and on the entry into force on January 1, 2024 of the Corporate Sustainability Reporting Directive (CSRD) on sustainability reporting by companies, Benjamin Bayard, Senior Manager Deloitte Risk Advisory, and Claire Filliatre shared their experience in risk mapping.

In particular, Claire and Benjamin addressed the French regulatory context, the challenges of risk mapping, the various typologies of mapping and the key methodical steps for risk mapping, with a focus on the specifics of the Sapin 2 Law, and the obligation to prevent corruption risks, and the General Data Protection Regulation (GDPR).

Soulier Avocats recommended by the Legal 500 EMEA 2024

We are pleased to announce that, for the seventh year in a row, our firm is recommended by the Legal 500 Europe, Middle East and Africa in the “Environment” practice area, and that Ms. Laure Marolleau is again recognized as “Next Generation Partner” in this area.