EU rules prohibit "State aid," unless the Commission authorizes the aid as compatible with the EU Treaties. State aid is a Member State funding measure imputable to the State and financed through State resources that benefits...more
2/14/2022
/ Climate Action Plan ,
Corporate Financing ,
Corporate Governance ,
Environmental Justice ,
EU ,
European Commission ,
Green Deal ,
Greenhouse Gas Emissions ,
Nuclear Power ,
Pollution Control ,
State Aid
With the recently adopted SDDA, Germany joins France in imposing human rights and environmental due diligence obligations along international supply chains of large companies. The SDDA covers companies based in Germany with...more
8/20/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Due Diligence ,
Environmental Liability ,
Environmental Social & Governance (ESG) ,
EU ,
France ,
Germany ,
Human Rights ,
Risk Management ,
Risk-Based Approaches ,
Supply Chain
Lawmakers must amend the German Climate Change Act to protect fundamental rights of future generations.
In a ruling announced on April 29, 2021, the German Federal Constitutional Court ("Court") delivered a groundbreaking...more
Intensifying demands from regulators, investors, and the public for attention to environmental, social, and governance ("ESG") considerations presents a key challenge for risk managers, particularly those in the financial...more
The Ruling: On May 26, 2021, the Hague District Court ("Court") issued a ruling ordering Royal Dutch Shell Plc ("RDS"), the parent company of the Shell group with its registered office in the Netherlands, to ensure that the...more
The Situation: The European Commission ("Commission") has faced significant pressure from stakeholders to quickly address growing concerns over the distortive effects of foreign subsidies and to ensure a level playing field...more
The REACH reform recently announced by the European Commission is expected to substantially change the current rules for REACH restrictions and authorizations.
The European Commission ("Commission") has recently provided...more
The European Commission would gain extensive new powers to counteract alleged distortive effects of foreign subsidies in the EU Single Market—combining elements from EU rules on state aid, trade defence, merger control, and...more
Climate Change Regulatory Issues & Updates -
Biden Administration Takes Early Action on Climate Change -
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address...more
At long last, the new French health care anti-gift regime, modified in 2017, should be applicable as of October 1, 2020, thanks to implementing regulations adopted over the summer.
The French anti-gift regime, which...more
Although the EU has strict rules that limit the circumstances in which Member States can subsidize companies in the EU, the rest of the world does not. The European Commission considers this difference unfair because it would...more
As the activity of administrative authorities and courts is directly impacted by measures to slow down the coronavirus (COVID-19) pandemic, many questions arise as to the impact on proceedings and deadlines for private...more
The first one, called EU Chemicals Legislation Finder ("EUCLEF"), which is an online search tool, became operational on March 11, 2020. For each substance searched on the ECHA Information on Chemicals Portal, EUCLEF...more
On February 20, 2020, the U.S. Environmental Protection Agency ("EPA") used its authority under Section 5(a)(2) of the Toxic Substances Control Act ("TSCA") to issue a proposed supplemental significant new use rule ("SNUR")...more
The Situation: The U.S. Environmental Protection Agency ("EPA") preliminarily determined to begin the process for setting National Primary Drinking Water Regulations ("NPDWRs") for perfluorooctanoic acid ("PFOA") and...more
On January 15, 2020, several environmental groups filed a petition asking the Environmental Protection Agency ("EPA") to regulate certain per- and polyfluoroalkyl substances ("PFAS") under the Resource Conservation and...more
In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants...more
9/23/2019
/ Asbestos ,
Asbestos Litigation ,
Corporate Counsel ,
Early Retirement ,
Emotional Distress Damages ,
Employer Liability Issues ,
France ,
French Supreme Court ,
Statute of Limitations ,
Toxic Exposure ,
Workplace Hazards
Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more
6/18/2019
/ Blocking Statutes ,
Cross-Border ,
Data Protection ,
Discovery ,
Document Productions ,
Evidence ,
Extraterritoriality Rules ,
France ,
General Data Protection Regulation (GDPR) ,
Hague Convention ,
Litigation Strategies ,
Regulatory Standards
The Situation: On February 4, 2019, the French Anticorruption Agency published its much-awaited practical guide for anticorruption compliance.
The Result: Through this publication, the Agency gives key guidance to company...more
The Situation: In a recent decision, the French Supreme Court clarified the surveillance obligations of notified bodies—independent entities accredited by an EU Member State's national health authority to determine whether a...more
1/31/2019
/ Criminal Liability ,
Disclosure Requirements ,
Distributors ,
Emotional Distress Damages ,
EU ,
France ,
Manufacturers ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Standards ,
Supreme Court of France
Under the new decree No.2018-1054 dated November 29, 2018, administrative legal actions relating to wind power plants shall be filed directly before the French Administrative Courts of Appeal.
The French Government has...more
The Situation: Autonomous cars with incorporated artificial intelligence ("AI") are now a reality whereas French regulations have yet to adjust.
The Issue: The phenomenon of new autonomous cars using AI gives rise to...more
11/27/2018
/ Artificial Intelligence ,
Automation Systems ,
Automotive Industry ,
Breach of Warranty ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
EU ,
France ,
Manufacturers ,
Member State ,
Popular ,
Regulatory Oversight ,
Strict Product Liability
The Ruling: On October 9, 2018, the Hague Court of Appeal upheld the Hague District Court's 2015 first-instance ruling that the Dutch State violated the European Convention on Human Rights ("ECHR") and failed to fulfil its...more
Due to the increasing awareness of the importance of environmental, social, and governance ("ESG") initiatives, the European Commission came forward at the end of May 2018 with a proposal related to this topic. The proposal...more
11/2/2018
/ Capital Markets ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Cross-Border Transactions ,
Environmental Policies ,
EU ,
Green Bonds ,
Investment ,
Loan Market Association ,
Member State ,
MiFID II ,
Popular ,
Proposed Regulation ,
Rulemaking Process ,
Shareholder Proposals
The Situation: The European Circular Economy Package ("CEP") was published in the Official Journal of the European Union on June 14, 2018.
The Result: According to the European Commission, the CEP should "help European...more
7/5/2018
/ Amended Regulation ,
Circular Economy ,
Environmental Policies ,
EU ,
Landfills ,
Manufacturers ,
Member State ,
Municipalities ,
Natural Resources ,
Product Packaging ,
Recycling ,
Waste Management