For decades, Europeans have agonized over the power and role of Germany — the so-called German question — given its importance to European stability and prosperity, the International Herald Tribune reported. Today, however, Europe is talking about “the French question”: can the Socialist government of President François Hollande pull France out of its slow decline and prevent it from slipping permanently into Europe’s second tier? At stake is whether a social democratic system that for decades prided itself on being the model for providing a stable and high standard of living for i

The French Supreme Court asserted in its decision rendered on 27 November 2012, case#11- 25.628, (first case) that in compliance with Articles R. 814-83 to R. 814-85 of the French Commercial Code, a liquidator who is a partner in a liquidators’ firm cannot practice individually and consequently accomplishes necessarily his duties on behalf of the firm.

In two rulings on 2 October 2012, the French Supreme Court (Cour decassation) made clear that, outside the scope of the European Insolvency regulation and pursuant to French international Law, instead of using French Insolvency law to abide to actions of avoidance in foreign insolvency proceedings, these must be subjected to the law applicable in those Insolvency proceedings.

The law of 6 April 2013 on dematerialised securities entered into force on 19 April 2013. It introduces a legal regime for dematerialised securities, inspired by existing regimes in Belgium, Switzerland and France.

There are two main sources of confusion in the public corporate governance debate. One is the confusion about the role of public policy intervention. The other is a lack of empirical knowledge about the corporate landscape where rules are supposed to be implemented and the functioning of today’s equity markets, where voting rights and cash flow rights are traded. To mitigate some of this confusion, this paper provides both an analytical framework for the role of public policy and a description of the empirical context that influences the conditions for that policy.

A relevant national law in the field of insolvency must be effective regarding reorganization in order to ensure the rescue of companies or the survival of debtors, despite the existence of debts that they are unable to overcome – at least immediately. In addition, a relevant national insolvency law must offer the insolvency practitioners appointed in insolvency proceedings the means (but no less effective means) to combat fraud which may be caused by directors to the detriment of creditors or to draw the consequences from their incompetence or management failure.

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings The European Commission has published its report on the application of the EC Regulation on Insolvency Proceedings, together with proposals for amendments to the Regulation.

Business failures: numerous and increasing It has become a commonplace remark, but the issue is sufficiently serious to recall: the number of business failures in France has increased continuously over the last ten years.

EUROPEAN UPDATE: Trust, Parallel Debt Mechanism under N.Y. Law Are Now Recognized in French Insolvency Law (citation: Annerose Tashiro, Patrick Ehret and Frank Tschentscher, Trust, Parallel Debt Mechanism under N.Y. Law Are Now Recognized in French Insolvency Law, XXXI ABI Journal 1, 30-31, 65, February 2012) - Annerose Tashiro, Patrick Ehret and Frank Tschentscher

Trust, Parallel Debt Mechanism under N.Y. Law Are Now Recognized in French Insolvency Law (citation: Annerose Tashiro, Patrick Ehret and Frank Tschentscher, Trust, Parallel Debt Mechanism under N.Y. Law Are Now Recognized in French Insolvency Law, XXXI ABI Journal 1, 30-31, 65, February 2012) - Annerose Tashiro, Patrick Ehret and Frank Tschentscher