Air pollution: The French State fined again

Laure Marolleau, Esq.

After ordering the French State in 2017 to comply with air quality standards, and in 2021 to pay a penalty payment of €10 million for the period from January 11 to July 11, 2021, the Conseil d’Etat (French Administrative Supreme Court) ordered it to pay two new penalty payments of €10 million each for the two periods from July 2021 to January 2022 and from January 2022 to July 2022 for persistent breach of the authorized nitrogen dioxide concentration limit.

The new single register of security interests over moveable property and other related transactions will be up and running on January 1, 2023

Sophia El Makhoukhi, Esq.

As of January 1, 2023, the formalities for the registration, change and cancellation of liens and pledges over intangible movable property will have to be carried out in a single register called the “register of security interests over moveable property and other related transactions”.

This register was created by Decree dated December 29, 2021, with the aim of simplifying the rules governing the publication of security interests over moveable property, which until now varied according to the type of security interest concerned.

A chapter dedicated to this register has been incorporated into the French Commercial Code by the aforementioned Decree, and provides a number of clarification.

Dismissal on disciplinary grounds: Beware of the timeline for notification of the dismissal

Matthieu Blaschczyk, Esq.

With respect to dismissals on disciplinary grounds, the one-month period for notifying an employee of his/her dismissal is counted from date to date.

The setting by the employer of a date for a new pre-dismissal interview, due to the non-attendance of the employee at the initial interview, does not interrupt the one-month period.

Secrecy does not mean concealment

André Soulier, Esq., and Victor Trouttet, Esq.

In today’s time when some politicians are tempted to “use the coffin of a 12-year-old girl as a stepping stone” to promote their ideas and a deadly hatred, when others buy the domain name corresponding to the first name of the little victim of a heinous murder, when investigations for breach of the secrecy of pre-trial investigations are launched following the interview of a police officer giving details on this horrible news item, it appears essential to recall the importance – beyond the respect normally due to the victim – of a core value of our rule of law: The secrecy of pre-trial investigations and inquiries.

Publication

The J.M. Deveaux Case: André Soulier, the lawyer who had the law changed

“He is one of the six lawyers who have had the greatest impact on justice over the last two centuries”: This is what another leading lawyer, Mr. Vergès, known for having defended Klaus Barbie, said about Mr. Soulier.

He supported his statement by referring to a case that took place in the city of Bron a little more than 60 years ago, but which had a national echo because of its irreversible impact on the rights of people bearing the brunt of injustice.

The October 2022 issue of the municipal bulletin of the city of Bron includes an article on our founding partner and the famous Deveaux case.

International Perspective - Responsible AI: Managing Risk in an Evolving Regulatory and Legal Landscape

This month, we are pleased to feature a contribution entitled Responsible AI: Managing Risk in an Evolving Regulatory and Legal Landscape authored by Kate E. Middleton and Hannah R. Anderson from the full-service international law firm Faegre Drinker Biddle & Reath LLP.

Artificial Intelligence (“AI”) is driving innovation across industries and is playing an increasing role in everyday life. AI (and, more broadly, algorithms) is being used in diagnostics, enabled medical devices, device manufacturing, drug discovery and manufacturing, industrial manufacturing, smart home and wearable devices, and vehicles. AI has the potential to benefit society in a number of ways, including by boosting efficiency, providing invaluable insights, and informing decisions. But to borrow from the likes of Winston Churchill (or Spider-man), with great AI capabilities comes great responsibility.

Many of the risks and benefits of AI systems are unique in comparison to other technologies. Regulators, governmental agencies, and consumer advocates are keenly focused on addressing unintended consequences that may result from the development and use of algorithms and AI. These issues, like the technology, are complex, and policymakers, stakeholders, and regulators are grappling with how best to address them.