All publications by Soulier Bunch

22 December 2022

Open sesame!

The cell phone appears in today’s society as a second home. Everything is there, including our most secret files. But is it possible to refuse to give the key to this home?

In other words, can you refuse to give the access code of your smartphone?

In a ruling issued on November 7, 2022, The Cour de Cassation (French Supreme Court) seems a priori to say that the answer is no.

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29 November 2022

The specific compensation due to an employee in case of void dismissal can be reduced by the judge only if the employer expressly so requests

Wherever a dismissal is declared null and void because it is based on a prohibited or unlawful ground, the judge is required to examine the other grounds for dismissal, if any, that have been raised in order to determine the amount of the specific compensation to be awarded to the employee… But only if he/she is expressly asked to do so by the employer.

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28 November 2022

The general public’s access to information on beneficial owners of companies held invalid

In a judgment handed down on November 22, 2022, the Court of Justice of the European Union, sitting as the Grand Chamber, held that, in the light of the Charter of Fundamental Rights of the European Union, the provision of the so-called anti-money laundering Directive whereby Member States must ensure that the information on the beneficial owners of corporate and other legal entities incorporated within their territory is accessible in all cases to any member of the general public is invalid.

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27 November 2022

COP27: What outcomes?

The 27th session of the Conference of the Parties, or “COP27”, took place from November 6 to 18 2022 in Sharm el-Sheikh, Egypt.

The only noticeable achievement is the creation of a financial fund to compensate for loss and damage caused by extreme weather events.

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28 October 2022

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

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 clarifications.

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28 October 2022

Air pollution: The French State fined again

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 the persistent breach of the authorized nitrogen dioxide concentration limit.

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