30 December 2021 | Soulier Bunch
In a ruling dated December 15, 2021, the Cour de Cassation (French Supreme Court) overturned the decision of a Court of Appeals that had awarded an employee compensation for dismissal without real and serious cause in excess of the so-called “Macron scale”.
Since the publication of the Ordinances of September 22, 2017 which introduced minimum and maximum amounts of compensation that can be awarded for a dismissal held without real and serious cause, French courts have dealt with numerous attempts to have this scale declared illegal, in particular the compensation ceilings determined according to the employee’s seniority within the company at the date of the termination of his/her employment contract.
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29 November 2021 | Soulier Bunch
As the reform of French legal provisions governing security interests is about to come into force, the Legal High Committee for Financial Markets of Paris has just published a report on the pledge of financial securities in the European Union.
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29 November 2021 | Soulier Bunch
On June 27, 2017, the European Commission imposed a €2.42 billion fine on Google for abusing its dominant position by favoring its own comparison shopping service over competing comparison shopping services.
Google and its parent company Alphabet appealed against this decision before the General Court of the European Union. The Court, in a recent ruling dated November 10, 2021, upheld the European Commission’s decision.
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26 November 2021 | Soulier Bunch
The employment contract of a part-time employee must fix the weekly or monthly distribution of working hours, failing which the part-time contract is to be reclassified as a full-time one.
In a decision dated November 17, 2021, the Cour de Cassation (French Supreme Court) strictly applied the provisions of Article L.3123-6 of the French Labor Code that lists the mandatory information to be included in a part-time employment contract.
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25 November 2021 | Soulier Bunch
The 2021 Glasgow Climate Change Conference or COP26, organized by the United Nations, took place from November 1 to 13, 2021 in Glasgow (United Kingdom) as it had to be postponed for one year due to the COVID-19 health crisis.
The COP26 resulted, on November 13, in the adoption of the “Glasgow Climate Pact”, which notably allows to finalize the rules of application of the Paris Agreement but falls short of the ambitions that had been initially set.
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28 October 2021 | Soulier Bunch
The liability of the manager of a company placed in judicial liquidation is often sought on the basis of Article L. 651-2 of the French Commercial Code which allows the court, in the event of mismanagement having contributed to the company’s shortfall of assets, to decide that the amount of this shortfall shall be borne, in whole or in part, by said manager.
In a decision issued on September 8, 2021, the Cour de Cassation (French Supreme Court) has clarified the application of this Article to a manager who did not convene the shareholders to regularize the situation of the company, the shareholders’ equity of which had fallen below half of the share capital.
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