Happy New Year

All of us at Soulier Avocats wish you an excellent Year 2023.

French Constitutional Council confirms that exclusion clauses included in the by-laws of French sociétés par actions simplifiées are compliant with the Constitution

Sophia El Makhoukhi, Esq.

Pursuant to the first paragraph of Article L. 227-16 of the French Commercial Code, “In accordance with the conditions which they so determine, the by-laws may specify that a shareholder may be required to sell the shares he/she/it holds in the company.”

The second paragraph of Article L. 227-19 of the French Commercial Code, in its version applicable since July 21, 2019, stipulates that the exclusion clauses referred to in Articles L.227-18 “can only be adopted or amended pursuant to a unanimous decision of the shareholders, in the manner and under the conditions provided for in the by-laws”.

In a recent decision issued on December 9, 2022, following four applications for a preliminary ruling on the issue of constitutionality, the Constitutional Council ruled on the conformity of these provisions with the French Constitution.

Compensatory allowance v. fundamental rights

Marion Fleuret, Esq.

In a ruling issued on November 30, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) ruled that the principle of compensatory allowance should prevail over property right, using however a careful argumentation.

Open sesame!

Victor Trouttet, Esq.

The cell phone appears in today’s society as a second home. Everything is there, including our most secret files. But is it possible to refuse to give the key to this home?

In other words, can you refuse to give the access code of your smartphone?

In a ruling issued on November 7, 2022, the Cour de Cassation (French Supreme Court) seems a priori to say that the answer is no.

International Perspective - 2022 U.K. Employment Law Round-Up and Looking Ahead to 2023

This month, we are pleased to feature a contribution entitled 2022 U.K. Employment Law Round-Up and Looking Ahead to 2023 authored by Alex Denny, Emma Vennesson and Charlotte Marshall from the U.K. employment team at Faegre Drinker, a full-service international law firm.

This contribution highlights some of the key changes in UK employment law in 2022, including COVID19-related legislation, employment status and reporting obligations, in particular with respect to ethnicity pay gap, and what is to be expected in 2023, including potentially far-reaching legislative changes regarding the Retained EU Law and the New Employment Bill, family rights and enhanced scrutiny of the so-called “Fire and rehire” policy.