The measure that lowers the threshold triggering the control of foreign investments in French listed companies operating in sensitive business sectors is extended in 2023

Florence Grangerat, Esq.

On December 22, 2022, Mr. Bruno Le Maire, Minister of the Economy, Finance, Industrial and Digital Sovereignty, and Mr. Olivier Becht, Minister Delegate for Foreign Trade, Economic Attractiveness and French Nationals Abroad, Attached to the Minister for Europe and Foreign Affairs, announced in a press release that the temporary measure lowering the threshold of voting rights in listed French companies that triggers foreign investment control in France will be extended until December 31, 2023.

Dismissals on economic grounds: Be careful when establishing and applying the criteria to determine the order of dismissals

Matthieu Blaschczyk, Avocat

In two rulings handed down on January 18, 2023, the Cour de Cassation (French Supreme Court) recalled that while the judge cannot substitute him/herself for the employer in establishing and applying the criteria to determine the order of dismissals (i.e. the order in which employee(s) will be dismissed) in the context of a dismissal on economic grounds, in case of dispute on the application of said criteria, the employer must disclose to the judge the objective elements on which it relied in order to make its choice.

The One-Stop Shop for Business Formalities: Story of a (very) difficult start

Catherine Nommick, Esq.

Open since January 1, 2023, the One-Stop Shop for business formalities (Guichet Unique in French) introduced by the 2019 Pacte Law in order to simplify administrative procedures for businesses has already raised harsh criticism and discontent as its too many malfunctions make it almost ineffective.

Legal and accounting professionals are unanimously mobilized to assist and support companies through this reform.

Drones, a new means of proof?

Victor Trouttet, Esq.

The use of drones, once reserved for the military, is now widespread.

In fact, drones are receiving a high level of interest from investigation services. Even more, they are now becoming indispensable security tools, as shown by the recent acquisition by the City of Toulouse of several drones to protect its inhabitants.

But can these drones be used to secure evidence in a criminal case?

The Criminal Chamber of the Cour de Cassation (French Supreme Court) ruled on this question on November 15, 2022.

International Perspective - The EU has adopted new emergency interventions in the energy sector to accelerate renewable energy and curb gas prices

This month, we are pleased to feature a contribution entitled The EU has adopted new emergency interventions in the energy sector to accelerate renewable energy and curb gas prices, authored by Johan Weihe, Agnete Nordentoft and Maria Kragelund Axelsen from the leading Danish law firm Bech-Bruun.

Faster permit-granting processes for the installation of renewable energy and a curb on the price of gas on the TTF gas exchange are some of the measures adopted by the EU ministers of energy at the extraordinary Energy Council meeting on 19 December 2022.

The top item on the agenda at the Energy Council meeting on 19 December was to reach a compromise on a gas price cap (a price correction mechanism). The Council managed to reach agreement, and with that item resolved, the Council was able to also formally adopt two new emergency regulations; a regulation designed to accelerate the deployment of renewable energy and a regulation on joint purchasing of gas in the EU.

The three new emergency regulations contain temporary, extraordinary interventions in the energy market the object of which is to manage the high energy prices and safeguard the reliability of supply in the EU. The regulations have all been processed according to Article 122(1) of the TFEU under which the Council may with a qualified majority adopt measures bypassing the European Parliament in emergency situations in the energy area.