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E-newsletter - December 2019
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Happy New Year!
All of us at Soulier Avocats wish you an excellent Year 2020.
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Admission of a new Partner
Laure Marolleau, who joined Soulier Avocats 9 years ago, has just been admitted as Partner, effective as from January 1, 2020. Member of the Paris Bar and holder of a post-graduate degree in European law and an LLM in European Private Law, she counsels and defends clients operating in various industries that are subject to strong French and European regulatory constraints. Her main areas of practice are environmental law, classified facilities, regulations applicable to chemicals and plant protection products as well as the protection of personal data. Laure Marolleau has a recognized expertise in the management of complex environmental damage and product liability cases. She defends French and foreign companies before judicial and administrative courts as well as in international arbitration proceedings.
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Wish us a happy New Year!
Jean-Luc Soulier, Esq.
On January 1, 2020, an in-depth reform of French civil procedure will enter into force. This is neither the time nor the place to detail the new rules which have just been addressed in a first decree enacted in furtherance of the Law dated March 23, 2019 on justice reform. The forthcoming significant amendments to the procedural rules applicable before the various courts will keep us lawyers very busy for a while! And this is all the more true as we will have to acclimatize in a few days to a brand new environment!
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Whistleblowers: New protection rules within the EU
Anaëlle Idjeri, Esq.
The recent Panama Papers and LuxLeaks scandals have illustrated the urgent need to establish legislation to protect whistleblowers, as their revelations have raised awareness of the serious breaches of EU law – particularly harmful to the public interest – and of the precariousness of their status. The entry into force on December 16, 2019 of Directive 2019/1937 of October 23, 2019 on the protection of persons who report breaches of EU Law is a major step forward in encouraging Member States to go beyond the common minimum standards by creating a harmonized framework within the European Union to provide effective protection to whistleblowers.
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The economic damage resulting from an act of unfair competition cannot be presumed, it must be established
Geoffroy Lacroix, Esq.
In a decision issued on September 18, 2019, the Cour de Cassation (French Supreme Court) recalled that while disparagement which constitutes an act of unfair competition necessarily results in a business disruption, a claim for compensation must be dismissed wherever the existence of the alleged damage is not duly established.
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International Perspective: Posting of employees to Poland as part of the provision of services – experiences from inspections carried out by the National Labor Inspectorate
We are pleased to publish this month a contribution entitled Posting of employees to Poland as part of the provision of services – experiences from inspections carried out by the National Labor Inspectorate, authored by Agnieszka Fedor, Partner, and Karolina Kanclerz, Senior Counsel, at the Polish law firm Sołtysiński Kawecki & Szlęzak. One of the powers of the National Labor Inspectorate (Państwowa Inspekcja Pracy, „PIP”) is to control foreign employers posting employees to Poland as part of the provision of services. Results of the inspection show that in many cases foreign employers do not know at all about the special obligations imposed on them by Polish law.
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PARIS
50 Avenue de Wagram
75017 Paris
France
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LYON
Cité internationale
34 Quai Charles de Gaulle
69463 Lyon Cedex 06
France
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BRUXELLES
131 Rue de Stassart
1050 Bruxelles
Belgique
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