Press review - Week of 26 September 2022

Press review – Week of 26 September 2022

In this press review, you will find an analysis of a recent decision of the French Cour de cassation which reiterates the legal obligations of financial institutions regarding anti-money laundering. In European law, two new laws on the status of whistleblowers have been transposed in France and the Court of Justice of the European Union has confirmed its strict principle regarding the conservation of connection data. Finally, you will find an analysis of a recent decision of the French Conseil d'Etat which recognizes the possibility of making an emergency interim injunction application to put an end to environmental harm.

Anti-money laundering and claim for damages

In a decision published on September 21, 2022, the Commercial Chamber of the Cour de Cassation reviewed the scope of the duty of vigilance and reporting obligations imposed on financial institutions and the consequences of their breach. > Read article

The European statute protecting whistleblowers is applicable in France

On September 1, 2022, two new laws of March 21, 2022 came into force : the Organic Law n°2022-400 on the Human Rights Defender, and the Law°2022-40 on whistleblowers that transposed the European Directive on the protection of whistleblowers. The status of whistleblowers is now unified and stabilized after its validation by the Constitutional Council. The organic law confers to the Human Rights Defender the mission of guiding, informing, advising and, if necessary, defending whistleblowers. It thus becomes one of the possible channels for reporting, and can therefore, in the event of an application, process the report or transmit it to the competent authority. > Read article

Further case law on the storage of data connections for the safeguarding of national security and combating serious crime

The CJEU has reconfirmed its position on the retention of connection data. Indeed, through two recent rulings of September 20, 2022, the Court reaffirmed the European principle aiming at privileging the protection of personal data at the expense of the retention of data for criminal investigations. Except in cases of serious crime, a concept that the CJEU is refining in its decisions. > Read article

Recognition of the right for everyone to live in a healthy and balance environment as a fundamental freedom

On 20 September 2022, the French Conseil d’Etat recognized the right for everyone to live in a healthy and balanced environment, as stated by Article 1 of the Charter of environment, as a fundamental freedom pursuant to article L521-2 of the French Code of Administrative Justice related to interlocutory proceedings (CE, 20 Sept. 2022, No.451291). > Read article