7 December 2023

Focus on foreign investments in France: requirements, overview and recent incentives

France offers many advantages for businesses, in particular thanks to its central location in Europe, the 2nd largest market in the world, a well-trained workforce and one of the highest hourly productivity rates, an advantageous tax system, as well as an appreciable environmental protection.

The French Government has set up rules to screen foreign investments. This screening has not prevented a significant number of foreign projects from being authorized in 2022.

The French Government has recently been encouraging foreign investments in the industrial and green sectors.

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7 December 2023

Infographic on the value-sharing bonus (PPV)

The transposition Law of November 29, 2023 incorporates most of the proposals of the national interprofessional agreement on value sharing of February 10, 2023.

From December 1, 2023 to December 31, 2023, companies that have already paid a value-sharing bonus (PPV) to their employees in 2023 will be able to pay a second value-sharing bonus under preferential social and tax arrangements.

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6 December 2023

Air pollution: The French State ordered for the third time to pay €10 million

Noting that the French State had failed to take the necessary measures to ensure compliance with European air pollution thresholds in several urban areas in France, the Conseil d’État (French Administrative Supreme Court) ordered it in 2021 and 2022 to pay 3 penalty payments of €10 million each per six-month period of non-compliance.

In a ruling handed down on November 24, 2023, considering the persistence of pollution in Paris and Lyon and the improvements observed, the Conseil d’État once again ordered the French State to pay two penalty payments of €5 million each for the two six-month periods from July 2022 to July 2023.

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2 November 2023

Compliance of radioactive waste repository with the French Constitution: The Constitutional Council takes a stand

The French Constitutional Council received an application from the Conseil d’État (French Administrative Supreme Court) for a preliminary ruling on the issue of constitutionality relating to the conformity of Article L. 542-10-1 of the French Environmental Code, in its version resulting from Law No. 2016-1015 of July 25, 2016, specifying the terms and conditions for the creation of a reversible deep geological repository for long-lived high- and intermediate-level radioactive waste (the Cigéo project) with the rights and freedoms guaranteed by the French Constitution.

In a decision handed down on October 27, 2023, the French Constitutional Council, while recognizing that the legislator must ensure that choices intended to meet current needs do not compromise the ability of future generations and other peoples to meet their own needs, by preserving their freedom of choice in this respect, concluded that the Cigéo project does not infringe the rights of future generations.

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3 October 2023

Principle of criminal legality and dumping of asbestos waste

“If the power of interpreting laws be an evil, obscurity in them must be another, as the former is the consequence of the latter. This evil will be still greater, if the laws be written in a language unknown to the people; who, being ignorant of the consequences of their own actions, become necessarily dependent on a few, who are interpreters of the laws, which, instead of being public and general, are thus rendered private and particular.”

(Beccaria, On Crimes and Punishments).

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22 September 2023

Launch of PFAS analysis in water discharges from classified facilities

Although the scientific community has been warning of the risks associated with the use of poly- or perfluoroalkyl substances (PFAS) since the early 2000s, there was until now no regulations governing discharges from industrial facilities.

As part of the PFAS 2023 2027 action plan presented earlier this year by the French Ministry of Ecological Transition and Territorial Cohesion, a ministerial order relating to the analysis of per- and polyfluoroalkyl substances in water discharges from classified facilities that are subject to the so-called authorization regime was published on June 20, 2023.

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