We knew that the Vivendi case (initiated in 2002 but still not finished 20 years later) was out of the ordinary, but this is confirmed by the latest judicial decision (i.e. the one taken by the Commercial Court of Paris on July 7, 2021), with its international plaintiffs claiming more than 2 billion euros in […]
| CAPITAL MARKETS AND STOCK EXCHANGE LAW
On September 27, 2021, the AMF published an update of its investigation and control charters. The ACPR, for its part, has not revised its charter for conducting an on-site inspection mission since June 2014, which, for example, still mentions in the introduction that the ACPR is an AAI, even though its status changed with Law […]
Paris | BANK-FINANCE-REGULATORY
Contribution of Adrien Fourmon for Smart City Mag n°43 in the file “Smart building: solutions to reduce the consumption of the real estate of the communities”.
| URBAN PLANNING AND DEVELOPMENT LAW
By a decision of January 12, 2022 n°21-11.169, the 3rd civil chamber of the Court of Cassation consolidates its jurisprudence on indexation clauses deemed not written. The Supreme Court thus considers that the mention of the determining and essential character of the indexation clause in the lessor’s consent is not sufficient to pronounce its indivisibility. […]
Paris | REAL ESTATE
Jacques-Henry de Bourmont participated in the round table organized by Option Droit & Affaires entitled Alignment of interests in private equity and securing the taxation of management packages. Six experts take stock of the social and fiscal case law relating to management packages and the uncertainties arising therefrom and analyze the risks associated with existing […]
Paris | PRIVATE EQUITY | TAX | MANAGEMENT
The recent decree of September 10, 2021 is an opportunity to revisit the foreign direct investment (FDI) policing system. Through this reform, R&D activities involving renewable energy production technologies benefit from a form of control designed to ensure the protection of activities that are essential to guarantee the greening of the French energy mix. Thus, […]
Paris | ENERGY | MERGERS & ACQUISITIONS
True to its character of combining flexibility, pragmatism and a culture of responsibility, the third version of the Middlenext Code emphasizes the “societal commitment” expected from companies. Under the dual influence of the legislative movement, in particular the PACTE law, and the expectations of civil society, the Code reinforces, through concrete recommendations, the consideration of […]
Paris | CORPORATE LAW AND GOVERNANCE
Paris | ASSET TAXATION
Energy renovation of buildings is a national responsibility, and the government has been steadily developing a progressive but strict regulatory framework with an arsenal of measures that will eventually require all buildings to reduce their environmental impact and meet minimum performance standards. The “green value” in real estate is therefore emerging this time to ensure […]
Paris | REAL ESTATE | ENERGY TRANSITION AND CLIMATE CHANGE
Ordinances n°2021-1192 and 2021-1193 of September 15, 2021, respectively reforming security law and amending Book VI of the French Commercial Code, implement mandates of the PACTE Law of May 22, 2019[1] to: modernize security law[2], improve the articulation of security law with collective proceedings law[3] and transpose the (EU) Directive 2019/1023 of June 20, 2019[4], known as […]
Paris | INSOLVENCY PROCEEDINGS | RESTRUCTURING – LAW OF COMPANIES IN DIFFICULTY | BANK-FINANCE-REGULATORY
Paris | MERGERS & ACQUISITIONS | DISTRESSED M&A
In a market that was at a standstill for a few weeks, as companies refocused on their internal organization, M&A activity has picked up to exceptional levels in 2021. Interview by Ondine Delaunay.
Paris | MERGERS & ACQUISITIONS