Press review - Week of 3 October 2022

Press review – Week of 3 October 2022

In this press review you will discover two court decisions. The first one was rendered by the Court of Cassation and clarifies the conditions of identification of the offence of favoritism. The second, rendered by the Paris Court of Appeal, validates the offence of institutional moral harassment. In addition, you will find the application decree of the reform of the whistleblower status. Furthermore, in an unprecedented decision, the Court of Justice of the Republic has ordered the referral to trial of the Minister of Justice for illegal interest taking. Finally, in terms of RGPR, the "ransomhack" method, which consists of data theft, is putting companies at risk.

Jurisdiction and powers of international arbitral tribunals when dealing with allegations of corruption

Stéphane de Navacelle and Juliette Musso discuss the issues of jurisdiction and powers of international arbitrators when faced with allegations or facts related to corruption. > Read publication

Identification of the offense of favoritism and assessment of the prejudice incurred

In a decision dated on September 7, the Criminal chamber of the French Court of cassation that the offence of favoritism does not require the intervention of the prosecuted person, neither in fact or in law, in the process of awarding a public contract. > Read article

Publication of the French implementation decree on the European directive on the whistleblowers’ protection

The decree No. 2022-1284 of 3 October 2022 has been published in the Official Journal of 4 October 2022 in order to specify the rules of application of the organic and ordinary laws transposing the European directive on the protection of whistleblowers. The decree details the procedures for collecting and processing alerts, as well as the list of competent authorities (Decree No.2022-1284, 3 October 2022). > Read article

France Telecom suicides: the Paris Court of Appeal validates the concept of “institutional moral harassment”

By a decision dated 30 September 2022, the Paris Court of Appeal confirmed the decision to convict the managers of France Telecom for institutional moral harassment. The court considers that “organizational decisions taken in the professional context may, in some instances, be a source of permanent insecurity for all staff, and thus become harassing for certain employees”. It established the concept of “institutional harassment”, which it considered to have “the specificity of cascading, with a trickle-down effect, independently of the absence of a hierarchical link between the defendant and the victim”. > Read article

Éric Dupond-Moretti, lawyer, minister and dismissed

On Monday, 3^rd October, the investigating committee of the Court of Justice of the Republic (CJR) ordered the referral of Eric-Dupont Moretti to the investigating committee of the CJR for illegal conflict of interest, an unprecedented decision as no minister in office had ever been referred to the CJR.. The minister’s lawyers immediately announced that they will appeal to the Supreme Court. The next day, French Prime Minister Elisabeth Borne reaffirmed her support for the Minister of Justice. > Read article

The cybercriminal attack on hospitals

Following the cyber-attack on the Corbeil Essonnes hospital, legal issues around this growing threat arise. From a criminal law standpoint, these offences are defined, but difficult to identify and therefore to prosecute. When it comes to personal data protection, this “ransomhack”” method incriminates companies of GDPR infringement. > Read article