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 of the European Union’s condemnation of five states for failing to transpose the directive on whistleblowers. The press review also looks back at the introduction of a new French requirement for the DGCCRF to issue export certificates for cosmetic products, the searches of Fréjus town hall following suspicions of corruption, and the convictions handed down in the case of favoritisms at the French deposit and consignment office, Caisse des Dépôts et Consignation. Finally, the press review looks back at the adoption by the United Kingdom of a new legislative framework with the Arbitration Act 2025.

 

#Internal investigation:

The Betharram religious congregation launches an independent investigation committee

The Betharram Fathers’ religious congregation has established an independent investigation committee, whose members have not yet been appointed, to determine the causes of numerous acts of violence and rapes that have recently been revealed. Victims from multiple countries will be heard by the committee, which will also have access to archives. The religious congregation has indicated that it will now provide compensation to victims of sexual violence committed by lay people for cases where the statute of limitations has expired. Currently, compensation has only been provided to victims of acts committed by religious figures for which the statute of limitations has expired. > Read article

 

#Ethics & Compliance:

Failure of a Member State to fulfil its obligations: five Member States ordered to pay financial penalties for failure to transpose the Whistleblowers Directive

On Thursday 6 March 2025 the Court of Justice of the European Union (CJEU) imposed financial penalties on Germany, the Czech Republic, Luxembourg, Estonia and Hungary in the form of lump-sum penalties, to be paid to the Commission, up to 34 000 000 euros in the case of Germany.  These Member States failed to transpose the directive granting a high level of protection to whistleblowers. In addition to this penalty, Estonia will have to pay a daily fine for as long as the directive remains unimplemented. > Read press release

 

#Export control & International sanctions:

Cosmetic products: issuing export certificates transferred to the DGCCRF

From 1 March 2025, applications for certificates of compliance with good manufacturing practice for the export of cosmetic products “export certificates” must be submitted to the French Directorate-General for Competition, Consumer Affairs and Fraud Control (DGCCRF) via “Démarches simplifiées” website, which will be able to issue them from 1st April 2025 for a period of three years. Until now, these applications have come under the remit of the French National Agency for the Safety of Medicines and Health Products (ANSM). > Read article

 

#White collar crime:

Suspected corruption in Fréjus: the town hall of David Rachline (member of the Rassemblement National) searched

Fréjus town hall, run by David Rachline, a former FN senator, has been searched as part of an investigation by the National Financial Prosecutor’s Office (PNF) into suspicions of favouritism and corruption related to public contracts. The investigation was reportedly opened in January 2024 following the publication of Camille Vigogne Le Coat’s book “Les Rapaces”, which called into question the city’s management. Searches were conducted at Fréjus town hall and in several companies, but at this stage, no one has been into custody. David Rachline, who denies these accusations, is also due to stand trial in September on charges of taking illegal interests regarding his appointment to head local public companies. > Read article

Augustin de Romanet, Jean-Pierre Jouyet and Alain Bauer sentenced in French deposit and consignment office case

Augustin de Romanet and Jean-Pierre Jouyet, former executives of the French deposit and consignment office, Caisse des Dépôts et Consignations, were convicted of favoritism and concealment after awarding six complacency contracts to companies run by Alain Bauer. Augustin de Romanet was sentenced to eight months suspended prison and a 200.000 euros fine while Jean-Pierre Jouyet was fined 30.000 euros. Alain Bauer was sentenced to twelve months suspended prison, a 375.000 euros fine, and a three-year exclusion from public contracts for concealment related to favoritism. The investigation by the National Financial Prosecutor’s Office (PNF) revealed contracts concluded without prior competitive bidding between 2007 and 2014, totaling 925 000 euros. > Read article

 

#Arbitration:

Arbitration Act 2025: will the UK retain its crown as a global centre for arbitration?

On 24 February 2025, the arbitration framework in the United Kingdom was updated with new reforms that will notably attract international businesses. These modifications clarify the framework for arbitration agreements and introduce summary disposal when a party has no real prospect of success, they also introduce arbitrators’ duty of disclosure in cases of justifiable doubts about their impartiality. Additionally, the powers of tribunals are strengthened in the context of emergency arbitration procedures. However, anti-corruption provisions were excluded, considering that a legal framework already existed and that it would be difficult for arbitrators to control corruption. > Read article

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