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1 April 2014 | Soulier Bunch

Adoption of the so-called florange law: should the new obligation to search for a buyer imposed on companies intending to shut down a site be a cause for concern?

In our December 2013 e-newsletter, we announced the forthcoming publication of the so-called “Florange” Law that notably imposes on companies and groups with at least 1,000 employees that intend to close down a site the obligation to search for a buyer. This has now been done… after three months of parliamentary vicissitudes! Even though the […]

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1 April 2014 | Soulier Bunch

Breach of business relationships in an international context: how to determine the applicable law?

In a decision dated March 25, 2014, the Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled on the sensitive issue of the determination of the law applicable in case of breach of business relationships[1]. Under French law, Article L. 442-6, I, 5° of the French Commercial Code (the “FCC”), which provides for […]

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1 April 2014 | Soulier Bunch

Overview of the provisions of the so-called “florange law” related to takeover bids, double voting rights and allocation of free shares

Two years after the promise made by François Hollande to the employees of ArcelorMittal, the Law aimed at recapturing the real economy, known as the “Florange Law” (the “Law”) has just been published[1]. For the record, the bill, introduced on May 15, 2013 in response to the stir caused by the closure of the blast […]

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1 April 2014 | Soulier Bunch

The suspension of voting rights in listed companies is not unconstitutional

Following an application for a preliminary ruling on the issue of constitutionality filed in December 2013, the French Constitutional Council has recently ruled (Decision n° 2013-369 QPC of February 28, 2014) that the automatic suspension of voting rights provided for under Article L. 233-14 §1 and §2 of the French Commercial Code (“FCC”) in case […]

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