menu
back

Publications

Coronavirus : Task Force Jeantet

The spread of coronavirus arises many challenges to businesses, employees, customers, suppliers, investors and financial partners.

Jeantet has set up a multi-disciplinary Task Force to answer all questions on the impact of the Coronavirus on labour, financing, capital markets, data protection, contract law, mergers and acquisitions, export control, real estate investments…

For any question you can contact us at the following address: taskforcecovid19@jeantet.fr

ALL ITEMS AVAILABLE

(updated daily)

PARISINTERNATIONAL OFFICES

LABOUR LAW

Employee safety: the employer facing up to its responsibility – Éditions Législatives, 11 May 2020

While some companies are reopening their premises, employers are worried. Will the measures planned to limit the risks of contamination be sufficient? And will they enable them to protect themselves from litigation in the event of contamination of an employee? The legal risks are real, even if they remain difficult to identify today.

Lire la suite

[Interview] – Eva Kopelman : “During the lockdown, social dialogue must continue”, Liaisons Sociales, 26 March 2020

Eva Kopelman, a labour law counsel at Jeantet, recommends that companies maintain as much social dialogue as possible during the period of lockdown related to the coronavirus pandemic.

Lire la suite

[Covid-19] Can the employer be held criminally responsible?

The law extending the state of public health emergency of 11 May introduced a new article in the public health code requiring the judge to assess possible criminal liability in concreto in the event of Covid-19 contamination. What are the consequences?

Lire la suite

Security obligation: with covid-19, are employers right to worry about their liability to judges? – Éditions Législatives, 12 mai 2020

Employers are concerned that they may be liable for contamination in the workplace. Will compliance with the ministry’s fact sheets be sufficient to prove that they have taken all necessary steps to avoid the risk, as required by their safety obligation? Both employers’ lawyers and trade unionists advise that all measures taken should be documented…

Lire la suite

Coronavirus: Flash re. Executive Order dated April 22nd, 2020 and the Decree dated April 21st, 2020

During the state of health emergency, the Government has amended the partial activity scheme on several occasions in order to facilitate its use by companies. Today, more than 10 million employees in France are covered by this scheme, i.e. more than one employee out of two in the private sector. Until now, applications for partial…

Lire la suite

Flash re. Executive Order dated April 15th, 2020 and the Decrees dated April 16th,2020

The Government has resized the partial activity system and opened it to new categories of employees. As implied by the Executive Order dated March 27th, 2020, which refers to “employees who are not subject to legal or conventional provisions relating to working time”, senior executive employees (cadres dirigeants) are now officially covered by the partial…

Lire la suite

Cronavirus: Flash re. staff representative bodies Clarifications provided by the Decree dated April 10th, 2020

By Ordinance dated April 1st on emergency measures relating to staff representative bodies (“IRP”), the Government had provided for the possibility for companies to hold meetings with their IRP via videoconference or conference call but also by instant messaging app if the two first means cannot be used. By Decree published on April 10th, 2020,…

Lire la suite

Flash Partial Activity The Administration’s clarifications

As part of the state of health emergency, the Government has adopted a series of exceptional measures to support businesses. Thus, the Government has extended the partial activity scheme to cover 100% of the compensation paid to employees by companies, up to 70% of 4.5 SMIC. Difficulties, particularly procedural, have arisen regarding the implementation of…

Lire la suite

Coronavirus: Flash about the Ordinances published on April 2, 2020

On Wednesday 1 April, the Council of Ministers adopted new ordinances to deal with the covid-19 epidemic. These orders issued on April 2, 2020 include emergency measures regarding: staff representative bodies, vocational training, the payment of the exceptional purchasing power bonus, the postponement of the ballot to measure the trade union hearing of employees in…

Lire la suite

CORONAVIRUS: Flash on the Partial Activity Ordinance of 27 March 2020

In addition to Decree No. 2020-325 of 25 March 2020 facilitating the use of partial activity for all companies, an order relating to partial activity was issued pursuant to Article 11 of the Emergency Law of 23 March 2020 to deal with the covid-19 epidemic. The ordinance n° 2020-346 of 27 March 2020 was published…

Lire la suite

Coronavirus: Do we have to work when there is no such thing as zero risk? – 20 minutes, 29 March 2020

It’s not easy to navigate the flow of information that comes across the coronavirus. Is there a particular question you’re curious about? Every day, “20 Minutes” makes sure to bring you the answer.

Lire la suite

Congress passed the Families First Coronavirus Response Act

On March 18, 2020, Congress passed the Families First Coronavirus Response Act , a sweeping legislative bill to address the growing concerns surrounding the novel coronavirus, COVID-19. The FFCRA includes measures aimed at expanding paid employee leave in connection with the coronavirus emergency and providing employers with tax credits to cover the cost of those benefits.

Lire la suite

Coronavirus: How to respect obligations without panicking

LAST MINUTE NEWS   Every day, coronavirus disease “nCoV-2019” outbreak is getting bigger, the national territory as a whole is now affected, with several so-called “cluster” areas. How to respect its obligations without giving in to panic, to adapt its activity and organization, to limit the negative consequences for the company, to deal with suspected…

Lire la suite

Coronavirus stage 3: what changes for employees and their managers?

“Stage 3” is on everyone’s lips and the authorities are no longer making a mystery of it: France could soon move to the highest stage in the plan to combat the coronavirus epidemic. A stage that should shake up the way companies operate for several weeks, but also – and this is why Cadremploi investigated…

Lire la suite

FINANCING COMPANIES

French State guarantee scheme to secure loans: clarifications and first feedback

(Update pursuant to publication of French Ministry of Economy Q&As dated 31 March 2020 and 2 April 2020, of arrêté modificatif dated 1 April 2020, Q&A date 22 April 2020 and second Amendment to the French budget law dated 25 April 2020) The French State guarantee of 300 billion euros scheme to secure loans granted…

Lire la suite

Temporary flexibility in the dates for submission of European prudential reporting statements, additional national requirements and public disclosure in the insurance sector

The European Insurance and Occupational Pensions Authority (EIOPA) believes that insurance companies should currently focus their efforts on monitoring and assessing the impact of the situation caused by the health crisis and ensuring their operational continuity. On 20 March this year, the EIOPA issued three recommendations concerning a relaxation of the dates for submitting European…

Lire la suite

Additional measures to support companies particularly affected by the Covid19: creation of a state fund of solidarity

Updated pursuant to publication of decree n°2020-371 dated 30 March 2020 and decree n°2020-394 dated 2 April 2020 The French Government Ordinance enacted on 26 March 2020[1] create a solidarity fund intended to provide financial aid to natural and private law legal persons having economic activity severely affected by the Covid19 crisis. The Solidarity Fund…

Lire la suite

Coronavirus: what consequences on financing agreements?

The covid19 global crisis and the relating lockdown measures will strongly impact the activity of borrowers and the value of their assets. Their repayment capacity and their liquidity needs will also be affected. The crisis also impacts lenders and the operation of financial markets. We outline advice to meet the difficulties that may arise in…

Lire la suite

GOVERNMENT PUBLICATIONS AND ORDINANCES

CORONAVIRUS: Content of the government’s Social Law Ordinances

After the publication in the Journal Officiel of the Law “emergency to deal with the Covid-19 epidemic”, the Government presented, Wednesday in the Council of Ministers, 25 ordinances and several decrees to deal with this health and economic crisis. These texts were published in the Official Gazette of 26 March 2020 and are therefore applicable….

Lire la suite

COVID -19 Ordinances dated 25 March 2020: More flexible conditions for meetings of the corporate bodies and for approval of financial statements

Under the terms of Emergency Law No. 2020-290 of 23 March 2020 dealing with to the spread of the covid-19 epidemic, the Government was authorized, inter alia, to take any measure by ordinance: “(f) simplifying and adapting the conditions under which general meetings and collegial management bodies of legal persons governed by private law and…

Lire la suite

Coronavirus COVID-19 crisis: emergency measures bill passed – 22 March 2020

On Sunday 22 March 2020, the deputies definitively adopted the ordinary bill on emergency measures related to the Coronavirus-COVID crisis19 . On Saturday, 21 March 2020, the deputies had adopted in first reading the bill and definitively adopted the organic bill. Presented by the Government in the context of the Coronavirus-COVID19 epidemic, the ordinary bill…

Lire la suite

Information: Fact sheets on support measures

The government has just published a summary of the support measures and useful contacts to accompany businesses. You can download it here.

Lire la suite

Latest data in the context of the regulation of displacement to combat the spread of the COVID-19 virus

Link to Decree No. 2020-260 of 16 March 2020 regulating movements as part of the fight against the spread of the COVID-19 virus: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041728476&categorieLien=id Attestation de déplacement dérogatoire à remplir pour tout déplacement (à retrouver également sur le site du Ministère de l’Intérieur:  https://www.interieur.gouv.fr/Actualites/L-actu-du-Ministere/Attestation-de-deplacement-derogatoire)

Lire la suite

RISK MANAGEMENT AND DATA PROTECTION

Statement on the processing of personal data in the context of the COVID-19 outbreak

On Friday 20 March, the European Data Protection Board (EDPB) issued a statement on the use of personal data in the context of the COVID epidemic.19 The EDPB thus allows the use of personal data by Member States and competent authorities while respecting anonymity or at least public security.

Lire la suite

TAX

The European Union put to the test by COVID-19 – The issue of State aid remains topical

Aware of the political and economic challenges facing by the European Union, the European Commission has decided to act swiftly as part of its task of monitoring state aids under Articles 107 et seq. of the Treaty on the Functioning of the European Union, which require Member States to notify, prior to their implementation, measures…

Lire la suite

Adoption of the ordinances of 25 March 2020 by the French Government: What are their tax consequences?

Article 10 of the French government’s Ordinance no. 2020-306 of 25 March 2020 on the extension of the time limits during the health emergency period and the adaptation of procedures during said period provides for specific provisions aiming at adjusting certain time limits applicable to tax audits and, more specifically, at suspending their application as…

Lire la suite

COVID-19: what are the main tax impacts?

Taxation: emergency measures to be taken to deal with the coronavirus (COVID-19) crisis: transcription of the crisis into the companies’ accounts, reduction of the tax burden, preservation of the company’s cash flow and choice of financing and restructuring tools.

Lire la suite

CAPITAL MARKETS / M&A

INSOLVENCY DURING COVID-19 PERIOD

The French Parliament has by virtue of an emergency law dated 23 March 2020 empowered the French Government to take all necessary measures in order to cope with the economic, financial and social consequences of Covid-19 spread. The Government enacted a first batch of 25 ordinances, two of which directly impact the French legal insolvency…

Lire la suite

COVID-19: Renegotiation in case of an upheaval in the contract economy

The exceptional circumstances resulting from the measures imposed in order to prevent the propagation of COVID-19 may make it excessively onerous for companies to fulfil their contractual obligations, without, however, preventing them from doing so. In order to cope, statutory and contractual provisions allow debtors to request the renegociation of their engagements. If it has…

Lire la suite

Listed companies facing coronavirus

Although the coronavirus is an extraordinary situation making financial communication both necessary and particularly sensitive, there is no indication at this stage that listed companies will benefit from any exemptions regarding compliance with their legal obligations or from any forbearance from the Autorité des Marchés Financiers (“AMF”). Therefore, in this difficult context, issuers have to…

Lire la suite

Coronavirus also affects corporate governance

The Financial Markets Authority reminds that physical presence at the general meeting is not necessary. It recommends live webcasting.

Lire la suite

CASE OF FORCE MAJEUR

Extension of contractual deadlines expiring during the state of health emergency

Adopted as part of the measures supporting enterprises in the context of the Covid-19 crisis, the ordinance n° 2020-306 of March 25th, 2020 contains the following temporary provisions applicable to contractual deadlines:

Lire la suite

Coronavirus, a force majeur event ?

COVID-19 was declared as a pandemic by the WHO on 11 March 2020. Can force majeure then be raised to justify a temporary or permanent breach of contractual obligations?

Lire la suite

EUROPEAN CONSUMER LAW

Coronavirus, an update on the implications for Economic Law

This newsletter focuses in particular on the practical consequences that the crisis could have on: payment deadlines, single agreements and GCS, but also in consumer law; issues that fall under the jurisdiction of the European Commission and the Competition Authority (mergers, cartels and crisis state aid).  

Lire la suite

REAL ESTATE LAW

Real Estate News: decision of 10 July 2020 and commercial rents

Judgment of the Paris Court of Justice of 10 July 2020 a new step towards the interpretation of Article 4 of Order 2020-306 of 25 March 2020?

Lire la suite

Covid-19-proof commercial lease rents – RCL, mai-juin 2020

Faced with a sudden drop in their customer base or a ban on carrying on their business, can merchants suspend or even exempt their landlords from paying rent? On what basis? What can mayors do? RCL questioned Catherine Saint Geniest, an associate lawyer at Jeantet & Associés, a specialist in real estate law.

Lire la suite

Flash ordinance of May 13th and ordinance 2020-539 of May 7th

Ordinance n°2020-560 duof May 13th 2020 setting the time limits for various procedures during the period of health emergency. Order No. 2020-539 of May 7th 2020 setting specific deadlines applicable to town planning, development and construction during the period of health emergency.  

Lire la suite

Covid-19 : Retailers ask for the cancellation of rents – CosmétiqueMag, 04/17/2020

A group of retailers including the groups Rocher, Provalliance, Nocibé perfumeries (Douglas group), Beauty Success and Passion Beauté signed a tribune against a large majority of lessors’ representatives, first and foremost the National Council of Shopping Centers, which is asking retailers to pay their rents, “even though our stores are forced to remain closed. This…

Lire la suite

Order N°2020-427 dated 15 April 2020 on various time limits dispositions regarding the COVID-19 pandemic

Order n°2020-427 dated 15 April 2020 on various time-limit dispositions regarding the covid-19 pandemic  modifies the provisions of Order 2020-306 of 25 March 2020 on the extension of the time limits during the period of health emergency and the adaptation of procedures during the same period. It should be reminded that Order No. 2020-306 of…

Lire la suite

Impact of the COVID-19 outbreak on real estate sales

This newsletter explains the consequences of the texts adopted by the government on the withdrawal period granted to the non-professional buyer (i), the fulfilment of the conditions precedent provided for in the sale commitment (ii) and the notarial deed of sale (iii).  

Lire la suite

How Covid-19 has already transformed the real estate industry – CF News Immo, 03/26/2020

Between the legitimate demands of tenants who are losing business and the legal obligations quickly announced by the government, landlords must juggle the demands of tenants who are losing business so that they, in turn, do not see their revenues wiped out. While they have already announced short-term measures, the new coronavirus has already made…

Lire la suite

COVID-19 and lease: reflexions and recommendations

Donors are concerned both about their obligations in the face of the current coronavirus outbreak and also about the demands that may come from stakeholders affected by the outbreak. The impact of several legal concepts needs to be addressed. The obligation to guarantee the safety of the lessee (i) and the more general obligation to…

Lire la suite

BANKING & FINANCIAL LAW

Covid19 Crisis – Towards eased distant execution of documents in financing transactions under French law

Covid19 related lock down measures implemented in France since mid-March make it quite difficult if not impossible to hold physical meetings for signing financing transactions under French law / involving French parties. For notarised deeds, the emergency measures enacted by a decree dated 3 April 2020 have suspended the requirement of physical presence during and…

Lire la suite

Banks facing ACPR call and ECB recommandations not to pay dividends

The Autorité de contrôle prudentiel et de résolution (ACPR) issued a statement on 30 March 2020 calling on credit institutions under its direct supervision and finance companies to refrain from distributing a dividend in the context of theCOVID-19 pandemic[1]. This appeal is in line with the injunctions expressed to date by the Minister of the…

Lire la suite

RENEWABLE ENERGY LAW

PUBLIC LAW

Details on deadlines in terms of urban planning and the environment – ordinance n°2020-427 of 15 April 2020 on various provisions in terms of deadlines to deal with the Covid -19 epidemic

A new ordinance n°2020-427 of 15 April 2020 on various provisions regarding deadlines for dealing with the covid-19 epidemic (the “Deadlines Ordinance of 15 April 2020”), presented to the Council of Ministers on 15 April, was published in the Official Journal on 16 April 2020, as it was eagerly awaited by real estate and construction…

Lire la suite

Public Procurement Code, public procurement contracts and other public contracts during the period of Covid-19, what is the situation?

The current health emergency has called for the introduction of derogating and temporary rules on public procurement, both in the field of awarding and executing public contracts, given the current difficulties of enterprises and other economic operators to carry out their services and contracts normally in a period of containment. In public procurement law, Ordinance…

Lire la suite

Town planning procedures, regulatory timelines and impacts of COVID-19

The lockdown linked to the coronavirus, imposed since March 16, has had an impact on many real estate projects and operations, and in fact raises a number of questions in terms of urban planning. Since the beginning of the lockdown, many local authorities and actors in the field of urban planning law have thus found…

Lire la suite

Order No. 2020-319 of the 25th March 2020 on various measures for adapting the rules for the award, procedure or execution of contracts subject to the code of public procurement and public contracts that do not fall under it during the health crisis caused by the Covid-19 epidemic

This order applies to contracts subject to the public procurement code as well as to public contracts that are not subject to it, in progress or concluded during the period from the 12th of March 2020 until the end of the state of a health emergency, increased by a period of two months. This applies…

Lire la suite

Kiev

Ukraine : legal alert “Government’s steps to support businesses”

On 13 May 2020, the Verkhovna Rada of Ukraine adopted the Law Amending the Tax Code of Ukraine and other Laws of Ukraine with a view to Supporting Tax Payers for the Duration of the Measures Implemented to Prevent the Occurrence and Spread of the coronavirus (COVID-19) (the ‘Law’). The Law is expected to be…

Lire la suite

Ukraine : Covid-19 legal alert n°2

Quarantine measures expanded beginning on 6 April 2020 New restrictive measures for the period of quarantine were introduced in accordance with Resolution of the Cabinet of Ministers of Ukraine no. 255 dated 2 April 2020 (officially published on 4 April 2020). New restrictions began to apply from 6 April 2020, and the main of them…

Lire la suite

Moscow

RUSSIA: COVID19: CONSEQUENCES OF NEW RUSSIA MEASURES FOR BUSINESSES – 2ND EDITION

We expect further clarifications on the aforementioned measures from Russian authorities. We are actively following the development of the issues related to the COVID-19 crisis and are fully prepared to advise our clients, particularly on post-pandemic employment compliance, including the review of employment measures implemented in connection with COVID-19 crisis and, if required, the elaboration…

Lire la suite

Russia : COVID-19 : Consequence of new russia measures for business

We are actively following the developments related to those issues and are fully prepared to advise our clients.

Lire la suite

Russia : COVID -19 Consequences and Adopted Prevention Mesures

The outbreak of COVID-19 has led to the introduction of a number of restrictive measures, as well as measures aimed at supporting businesses and the economy. Measures were taken both at a federal level and in the regions, specifically in Moscow. These measures include orders providing for a quarantine for certain categories of people, for…

Lire la suite

NEWSLETTER MOSCOW – MARCH 2020

Agenda: 1/High Alert Regime Introduced in Moscow Due to the COVID-19 Pandemic 2/Federal Law on Antimonopoly Compliance Adopted 3/INCOTERMS 2020 Adopted 4/Two Directors’ Principle to be Implemented 5/Mitigation of the Responsibility for the Breach of Currency Legislation 6/Salary Indexation to be Included in the Constitution 7/The Law on Electronic Employment Record Books Becomes Effective 8/Overview…

Lire la suite