Happy Bastille Day! As every year on Bastille Day, Navacelle is delighted to present you with an overview of the year’s key legal events in France.
The latest developments in arbitration, negotiated criminal justice, internal investigations and compliance are just some of the subjects that the firm’s lawyers have been focusing on, and which they are keen address in practical terms.
In white collar defense, negotiated justice continued to gain momentum, due in particular to the increase of DPAs and the framework for their implementation. This argues in favor of ever closer cooperation with the enforcement authorities and regulators, in particular through internal investigations – the practice of which continues to expand.
Litigation before French regulators also continued to expand, and the past year was unquestionably one of record sanctions, targeting both French and foreign companies.
In terms of compliance programs, the year can be seen as one of an ever more extensive framework, with the concrete implementation of the duty of vigilance (supply chain) and the more sustained repression of greenwashing.
Lastly, arbitration continued to address contemporary issues, notably with regard to the freezing of funds held abroad, and the courts provided new clarifications as to the scope of their review of awards rendered.
Thus, in a complex, constantly evolving legal environment, where extraterritorial and international issues are omnipresent, the firm continues to adapt and reflect on its practice and the best way to serve its clients, always seeking to engage and share experiences on these themes with its community.
Enjoy your reading, and let’s stay in touch to discuss these and other topics!
Julie Zorrilla, Roxane Castro, Stéphane de Navacelle
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White Collar Crime
Negotiated justice continues to grow in importance, notably due to the proliferation of public interest judicial agreements and the framework for their implementation. In traditional litigation, jurisprudence has provided some interesting clarifications on the cumulation of criminal and fiscal sanctions, and the impact of excessively lengthy criminal proceedings.
- Review of the French National Financial Prosecutor’s Office activity
- [Infography] Focus on Judicial public interest agreement (“CJIP”)
- PNF updates its guidelines for judicial public interest agreements
- Airbus signs a second CJIP for corruption
- Clarification of the ne bis in idem principle under European Union law with regard to the cumulation of criminal and tax sanctions
- The French Supreme Court confirms in its decision “La Chaufferie de La Défense” that the excessive duration of criminal proceedings does not automatically lead to their cancellation
Internal Investigations
Internal investigation has become the spearhead of dialogue with the authorities and other stakeholders (e.g. unions, NGOs, finance actors).
- AFA and PNF publish a guide to anti-corruption internal investigations
- [Video] The battle for Airbus: the benefits of internal investigations for companies concerned by international lawsuits
Compliance
An ever more extensive framework, with concrete implementation of the duty of vigilance, stronger protection for whistleblowers and more sustained repression of greenwashing.
- TotalEnergie and Suez Group’s decisions clarify the companies’ duty of care obligations and the procedural framework applicable in related cases
- AFA’s national diagnosis survey of anti-corruption systems in businesses
- Thales case: the French Supreme Court strengthens whistleblowers’ protection against employer’s retaliations
- The Defender of Rights publishes its new guide regarding whistleblowers protection
- Boosting the fight against greenwashing in France
Dispute resolution & regulatory investigations
A record year in terms of sanctions for both French and foreign companies.
- The Paris Criminal Court (32nd Chamber) issues its first decision on a market manipulation case
- [Infography] Focus on the French Financial Markets Authority (AMF) activity
- Discussions on secrecy in law enforcement proceedings and on AMLFT regulation
- The CJEU limits generalized data retention in surveillance
- [Infography] Focus on the French data protection authority (CNIL) activity
Arbitration
Arbitration continues to address contemporary issues, particularly with regard to the freezing of funds held abroad, and the courts are clarifying the scope of their review of awards.
