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E-newsletter - February 2020
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Foreign Investment Control in France: Strengthened rules but greater clarity for investors
Catherine Nommick, Esq.
“France’s attractiveness improved further in 2018, despite the slowdown in global growth, economic tensions and rising protectionism”. This assessment, mentioned in the 2018 annual report on foreign investment in France issued by Business France (French Agency responsible for fostering export growth by French businesses and facilitating international investment in France) confirms France’s enhanced attractiveness in 2018. Attractiveness, however, does not mean lack of control, provided that a simple and fast legal framework is offered to foreign investors. It is in this context that two pieces of legislation have recently finalized the foreign investment control mechanism in France.
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GDPR and Linky meters: The French Data Protection Authority puts EDF and Engie on notice
Laure Marolleau, Esq.
The French Data Protection Authority has served a formal notice on EDF and Engie for non-compliance with some of the requirements for obtaining consent in relation to the collection of consumption data from Linky smart meters, as well as for an excessive retention period of such consumption data. Both companies have three months to comply.
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The French Anti-Corruption Agency publishes guidance on “anti-corruption checks in M&A transactions”
Anaëlle Idjeri, Esq.
The French Anti-Corruption Agency, created by Law No. 2016-1691 of December 9, 2016 on transparency, fight against corruption and modernization of the economy, commonly referred to as the “Sapin II Law”, has recently supplemented its recommendations by issuing a best practice guide for M&A transactions.
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Acquittal of Cardinal Philippe Barbarin: A victory for Soulier Avocats
Charlotte Desfontaines, Esq.
On January 30, 2020, the Court of Appeals of Lyon acquitted Cardinal Philippe Barbarin, defended in particular by Mr. André Soulier, of the charge of failing to report abuses with regard to the sexual assaults and rapes committed by Mr. Father Bernard Preynat on boy scouts he supervised between 1972 and 1991. In this high-profile case, the judges of the Court of Appeals decided to overturn the first-instance judgement handed down by the Criminal Court of Lyon which had convicted Philippe Barbarin. Probably less receptive to the emotional turmoil legitimately created by this case, the appellate judges based their decision primarily on the strict application of the rule of law.
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Jean-Luc Soulier named “Best Lawyer 2020”
We are pleased to announce that Jean-Luc Soulier has been named “Best Lawyer 2020” for Mergers & Acquisitions by the US legal guide Best Lawyers.
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International Perspective: The customs risk in the European Union: We avoid it, we postpone it, or we confront it!
We are pleased to publish this month a contribution entitled The customs risk in the European Union: We avoid it, we postpone it, or we confront it!, authored by Stanislas Roquebert and Gaspard de Bellescize, lawyers at LightHouse LHLF - Law Firm, a French law firm specialized in international trade and customs law. Leveraging on its expertise in the management of customs issues, Lighthouse LHLF – Law Firm has organized in recent months a series of conferences on customs control and litigation. In this respect, while a certain number of issues are of primary interest to business operator, there is one that cannot be overlooked: the customs risk from a criminal law perspective. The relationship between Community and national rules is a vector of complexity and uncertainty for businesses, in particular for those based outside the European Union as they are not generally familiar with the rules governing these different legal systems. In this context, this article outlines some recommendations of good practices in anticipating and managing customs risk.
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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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