25 August 2022

The unlawfulness of a ground for dismissal “contaminates” the other grounds for dismissal

In case of unsubstantiated abuse of a fundamental freedom relied upon to justify the dismissal of an employee, the dismissal is void even if other grounds could justify the termination of the employment contract.

In a decision issued on June 29, 2022, the Cour de Cassation (French Supreme Court) applied for the first time the principle of “contaminating ground for dismissal” in the context of the use of freedom of expression.

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11 August 2022

For a legal entity to be held criminally liable, it is necessary to identify said entity’s body or representative who has committed the offense

In a decision issued on June 21, 2022, the Criminal Chamber of the Cour de Cassation (French Supreme Court) recalled its case law according to which it is necessary, in order to seek the liability of a legal entity, to explicitly identify the body or the representative having committed the offence on behalf of said legal entity.

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28 June 2022

Employers will be entitled to pay their employees a purchasing power bonus

The “Protection of purchasing power” draft Bill dated June 27, 2022 reforms the so-called Macron bonus implemented in 2018.

As from August 1, 2022, companies will be entitled to to pay their employees an annual purchasing power bonus exempt from income tax and social security contributions under certain conditions.

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24 June 2022

On your (automotive) (trade)marks, get set, go!

Citroën can count on its chevrons, protected as a figurative trademark and confirmed as having a distinctive character by the Paris Court of Appeals in late 2021 and the EUIPO in April 2022, to block new competitor Polestar. Based in Sweden and car preparer for Volvo company, Polestar was unable to enter the French market of car manufacturers.

Insights on a two-stage legal battle and the distinctive signs that car manufacturers can use to protect their position and the related investments.

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17 June 2022

Environmental crime in figures

The French Ministerial Statistical Department for Internal Security has published, for the first time, a study on environmental damages.

The publication of these figures, which do not, however, cover all environmental crimes, is interesting.

What findings can be made?

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