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 (large & mid cap)
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 (large & mid cap) | 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 (large & mid cap)
The High Committee for Corporate Governance (“HCGE”) published on 10 November 2021 its eighth annual report (the “Report”). The mission of the HCGE is to monitor compliance with the principal French Corporate Governance Code, the Afep-Medef Code of Corporate Governance for Listed Companies (the “Code”), by those companies whose shares are listed on a regulated […]
Paris | CORPORATE LAW AND GOVERNANCE
The global imperative to reduce greenhouse gases is forcing governments and private enterprise to redefine “business as usual.” Adrien Fourmon et Julien Paulou discuss the world’s changing economic model.
Paris | ENVIRONMENT
Adrien Fourmon proposes a calendar for the evolution of planning documents.
Paris | URBAN PLANNING AND DEVELOPMENT LAW | PUBLIC LAW – PUBLIC CONTRACTS