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1 September 2011 | Laure Marolleau

Calculation of fines and attenuating circumstances

In its ruling dated September 15, 2011, the General Court of the European Union dismissed the action brought by Lucite International Ltd and its subsidiary Lucite International UK Ltd and refused to consider certain circumstances as attenuating[1]. These companies challenged the amount of the fine that had been imposed on them by the European Commission […]

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1 August 2011 | Soulier Bunch

The validity of the minister of a economy’s action against abusive commercial practices

Under French law, the Public Prosecutor and the Minister of Economy can initiate legal proceedings to request the judge to order the cessation of an abusive commercial practice, the nullity of the relevant unlawful clauses and contracts, the reimbursement of the undue payments and a civil fine on the infringing economic player(s)[1]. By remand decision […]

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1 August 2011 | Soulier Bunch

Companies with more than 50 employees that distribute increased dividends must pay a bonus to their employees

The debates generated a few months ago by the announced enactment of legal provisions imposing on certain companies that distribute increased dividends the obligation to pay a bonus to their employees were largely echoed in the media. These provisions were adopted as part of Law n° 2011-894 of July 28, 2011, known as the Social […]

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1 July 2011 | Soulier Bunch

Intra-group loans of employees can be considered As an illegal supply of employees or as an illegal subcontracting of labor

In a decision dated May 18, 2011 (Cass.soc., n° 09-69.175), the Labor Chamber of the Cour de Cassation (French Supreme Court) further clarified the notion of illegal supply of employees within the context of a loan of employees from a parent company to one of its subsidiaries. 1. The loan of employees may result in […]

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