International publication - Lexology Getting The Deal Through: Government Relations 2021 Guide

We are pleased to announce the release of the Lexology Getting The Deal Through: Government Relations 2021 Guide.

This Guide, published by Lexology, Law Business Research Limited, provides a comparative analysis of the legal frameworks, regulation and procedures concerning the practice of government relations and lobbying within the most significant jurisdictions worldwide.

The first study of its kind in this area, Lexology Getting The Deal Through: Government Relations 2021 addresses topics including: forms of government and rulemaking authorities, lobbying regulations, campaign finance, ethics, anti-corruption and an examination of recent high-profile judicial or administrative decisions.

Jean-Luc Soulier and Anaëlle Idjeri have authored the chapter France of this Guide.

Environmental criminal justice: Issuance of a circular on France’s criminal policy

Anaëlle Idjeri, Esq.

As people’s awareness of global warming is growing and the struggle to preserve the environment and biodiversity is intensifying, the French Minister of Justice has adopted a circular setting out the principles and objectives to be pursued in the prevention and punishment of environmental crimes.

Reform of French legal provisions governing security interests: Simplification and modernization

Catherine Nommick, Esq.

The reform of French legal provisions governing security interests, initially scheduled for May 2021, should finally be enacted by September 23, 2021 and enter into force on January 1, 2022. It will be carried out by way of an Ordinance, pursuant to the authorization given by the legislator to the Government under the so-called PACTE Law of May 22, 2019.

In the wake of the reform already carried out in 2006, the 2021 reform shows a clear desire to simplify and modernize French legal provisions governing security interests. This objective is both necessary and ambitious, as its scope impacts major areas of our laws, such as the law governing distressed and bankrupt companies, which is also being overhauled in the context of the transposition of the European Directive of June 19, 2019 (No. 2019/1023) on restructuring and insolvency.

The French Competition Authority amends its method for determining fines

Pauline Kubat, Esq.

The French Competition Authority published on July 30, 2021 a notice on the method for determining fines in relation to anticompetitive practices, which repeals and replaces the previous notice dated May 16, 2011.

This new notice, based on case law and the decisions rendered by the French Competition Authority in the last ten years, draws the consequences of the transposition of the ECN+ Directive aimed at increasing the effectiveness of competition rules within the European Union.

COVID-19: Suspension of the employment contract for some employees without health pass

Fabien Pomart, Esq.

The Health Crisis Management Law No. 2021-1040 of August 5, 2021 entered into force on August 6, 2021.

Some of its provisions make working as an employee conditional on the presentation of a vaccination certificate or a certificate of negative test result for COVID-19.

The lack of certificate is likely to entail the suspension of the employment contract.

Starting point of the timeline for sanctioning employees and knowledge of wrongdoings by the immediate supervisor: The French Supreme Court recalls the principle

Fabien Pomart, Esq.

In two decisions issued on June 23, 2021, the Cour de Cassation (French Supreme Court) recalled that “the employer having knowledge of an employee’s wrongdoings” means not only the holder of the disciplinary power but also the employee’s immediate superior, even if the latter does not hold this power himself/herself.

Soulier Avocats receives two awards for its articles published in July 2021

We are pleased to announce that our Firm has received the following awards from Mondaq, one of the largest global online advisory content suppliers with more than one million registered users:

“Most Popular Article, France July 2021” award for the article entitled Google fined 220 million euros by French Competition Authority for having abused its dominant position in the online advertising sector authored by Pauline Kubat.

“Contributor Most Read in France, July 2021” award.