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Covid-19 – Force majeure or hardship: You do not have to choose
Jean-Luc Soulier, Esq.
Can a party to a commercial contract escape its obligations because of the economic disruption caused by the Covid-19 pandemic?
The answer to this question, which is of utmost interest to companies of all sizes, is to be found in the new French contract law introduced by Ordinance of February 10, 2016.
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Covid-19 – The Paris Commercial Court rules that Covid-19 is to be considered as a force majeure event
Anaëlle Idjeri, Esq.
On May 20, the President of the Paris Commercial Court, ruling in summary proceedings, considered that the requirements for establishing the existence of force majeure provided for in the framework agreement signed by EDF and Total Direct Energy were met and ordered EDF to accept the suspension of this framework agreement.
Before being discussed before the Commercial Court, the force majeure clause had already been debated during summary proceedings before the Conseil d’Etat (French Administrative Supreme Court) on April 17.
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Covid-19 and the “StopCovid” app
Laure Marolleau, Esq.
In the context of the COVID-19 pandemic, and more specifically the so-called “lockdown-lifting” strategy, the French Government decided to implement an app called “StopCovid” available on smartphones, the aim of which is to alert its users that they have been in close proximity to people who have been tested positive for COVID-19 and who use the same app, as this proximity entails a risk of transmission of the SARS-CoV-2 virus.
This is one of the digital devices implemented by the Government as part of this overall “lockdown-lifting” strategy.
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International child abduction
Marion Fleuret, Esq.
Removing a child abroad without the permission of the other parent or in the absence of a court order can be a decision with far-reaching consequences. However, such situations are becoming increasingly frequent.
A parent may not deprive a child of his/her family environment and consequently of the presence of the other parent with impunity.
International co-operation has been organized through the adoption of bilateral or multilateral conventions to provide an efficient response to parents whose child has been abducted or retained.
The ultimate question that arises in every situation is as follows: what is in the child’s best interests?
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International Perspective: The WLG Global COVID-19 Resource Center
The Covid-19 pandemic is a human tragedy and a global health crisis that affect billions of people worldwide. It also has an increasingly devastating impact on the global economy. To try and mitigate the adverse economic and financial effects of Covid-19, governments all around the world are taking steps and measures to support jobs and help businesses.
The World Law Group, a network of 59 leading independent law firms with more than 400 offices in major commercial centers worldwide, to which our Firm belongs, has centralized all the articles and insights of its members on the local impact of Covid-19 and the measures to support businesses adopted by the various countries where World Law Group member firms are present.
Visit the WLG Global COVID-19 Resource Center
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Publication
Coronavirus Covid-19 : Force majeure ou imprévision il ne faut pas choisir, article authored by Jean-Luc Soulier and published in the “Expertise” Section of La Lettre des Juristes d’Affaires ((French leading weekly legal newspaper)
Read the article (in French)
Read the full English version available on our Blog
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