Press review
2 December 2022

Press review – Week of 28 November 2022

In this press review, you will discover several important judicial events: the French Supreme Court clarified the status of victim of an act of terrorism and the compensable damages for indirect victims, the National Financial Prosecutor's Office validated an agreement with Airbus providing for a fine of 15.9 million euros for the company, and the Court of Justice of the European Union rendered a decision aimed at protecting the rights of defense of a legal person. In additions, following the publication of the decree of 3 October 2022 on whistleblowers, the French Data Protection Authority (CNIL) finally launched its whistleblower reporting system.

 

Terrorism: compensation for indirect victims even if the direct victim survives

In a series of decisions issued on 27 October 2022, the French Supreme Court (Cour de cassation) provided clarifications concerning the status of terrorist victims and the damages that can be compensated for both direct and indirect victims. It considered that, even when the direct victim of a terrorist act has survived, compensation of the personal prejudices of his/her relatives is not excluded according to the rules of general law. > Read article

 

Corruption: the courts validate an agreement between Airbus and the PNF, providing for a fine of 15.9 million euros for the company

On 30 November 2022, the Paris judicial court approved the agreement (Convention judiciaire d’intérêt public, CJIP) concluded between Airbus and the French National Financial Prosecutor’s Office (Parquet National Financier, PNF), providing for a fine of 15.9 million euros for the company, allowing it to escape criminal prosecution in corruption investigations for facts related to the sale of aircraft to Libya and Kazakhstan between 2006 and 2011. This CJIP is complementary to the one concluded in January 2020, under which Airbus paid a fine of 3.6 billion euros for similar facts. > Read  article

 

 

Criminal liability of companies: the CJEU requires compliance with article 48 of the Charter.

On November 10, the Court of Justice of the European Union issued a decision, in line with its case law aiming at protecting the defence rights of a corporate entity. It considered that a Bulgarian law allowing a sanction to be imposed on a company for an offence committed by its director, a physical person empowered to represent it, without the company being able to assess the reality of this offence and to express its observations, was not compliant with Article 48 of the Charter of Fundamental Rights, as it infringes the principle of presumption of innocence and the rights of defence. > Read article

 

The French Data Protection Authority (CNIL) launches its whistleblower reporting system

Following the publication of the decree of 3 October 2022 on the procedures for collecting and processing whistleblower reports and establishing the list of external authorities aimed at improving whistleblower protection, the French Data Protection Authority (Commission nationale de l’informatique et des libertés, CNIL) has set up a specific mechanism for collecting and processing whistleblower reports.  The CNIL, as well as forty other authorities, are among those competent to receive external alerts within their respective fields of competence, alongside, for example, the French Anti-Corruption Agency (Agence française anticorruption, AFA) or the French Competition Authority (Autorité de la concurrence). > Read article

 

Related content

Press review
9 May 2025
Press review – Week of 5 May 2025
This week’s press review covers the resignation of François Commeinhes from his position as mayor of Sète, following his final...
Press review
2 May 2025
Press review – Week of 28 April 2025
This week’s press review covers the requisitions made against François Fillon in the fictitious employment case following a cassation ruling,...
Press review
25 April 2025
Press review – Week of 21 April 2025
This week’s press review covers the release of Prince Paul of Romania by French authorities, despite a European arrest warrant...
Press review
18 April 2025
Press review – Week of 14 April 2025
This week’s press review covers the extension of the investigation into Eric Garandeau for illegal taking of interest in the...
Press review
11 April 2025
Press review – Week of 7 April 2025
This week’s press review covers the European Parliament's vote to postpone the application of the CSRD to certain companies, as...
Press review
4 April 2025
Press review – Week of 31 March 2025
This week’s press review covers the 150 million euro fine imposed by the French Competition Authority on several subsidiaries of...
Press review
28 March 2025
Press review – Week of 24 March 2025
This week’s press review covers the summoning of Élysée Secretary General Alexis Kohler to a Senate committee of inquiry into...
Press review
21 March 2025
Press review – Week of 17 March 2025
This week’s press review covers the lawsuit filed by two NGOs against Carrefour for failing to exercise due diligence in...
Press review
14 March 2025
Press review – Week of 10 March 2025
This week’s press review covers the conviction of the Swiss bank UBS for moral harassment against whistleblowers, as well as...
Press review
7 March 2025
Press review – Week of 3 March 2025
This week’s press review covers an independent commission of enquiry set up by Betharram religious congregation, the Court of justice...
Press review
28 February 2025
Press review – Week of 24 February 2025
This week’s press review covers European news, including the adoption of the 16th package of sanctions against Russia, the suspension...
Press review
21 February 2025
Press review – Week of 17 February 2025
This week’s press review covers the decree signed by Donald Trump on corruption, the fine imposed by the Autorité des...