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JANUARY 2013
World Report - Europe
11
Gide Loyrette nouel advises on a discrimination dispute regarding the legal conditions for the allocation of a social allowance
A dispute has been referred to the Paris Court of Appeal
regarding
the conditions for the allocation of a solidarity allowance for the elderly (allocation de solidarité aux personnes âgées) managed by the Caisse des dépôts consignations.
et In its
judgment rendered on 15 November 2012, the Paris Court of Appeal stated that the pre-requisite of having five years' stable and regular residency in France, as set by French law for non-EU nationals, was not discriminatory.
The Court considered that the distinction between non-EU nationals and
The Court sustained the conclusions of
the
Caisse des dépôts et consignations, quashing the judgment rendered by the Paris Social Security Court (Tribunal des affaires de sécurité sociale) that had considered the above-mentioned pre- requisite discriminatory, particularly in relation to article 14 of the European Convention for
other nationals, based on length of residency, was required for different but not unfair treatment. It is justified in law by objective reasons that are reasonable and proportionate in regard of the law's target.
Protection of Human Rights and Fundamental Freedoms.
Gide Loyrette Nouel represented the Caisse des dépôts et consignations with partner Laurent Deruy, and Lila Zarfaoui-Duval, associate.
The defending party was represented by Olinda Pinto.
The volunteer advocate was Eve Shahshahani.
oldest Swiss bank to close after US tax fine
Wegelin, the oldest bank in Switzerland is set to close following an agreement to pay $57.8m (€44m) in fines, after pleading guilty to tax evasion charges in the US. the bank, which was established back in 1741, admitted to helping US citizens avoid taxes amounting to $1.2bn over a period of ten years and has said that once the fines have been paid, it will ‘cease trading as a bank’ permanently.
according to the BBc, US attorney Preet Bharara
said: "the bank wilfully and aggressively jumped in to fill a void that was left when other Swiss banks abandoned the practice due to pressure from US law enforcement.
“It was a watershed moment in our efforts to hold to account both the individuals and the banks - wherever they may be in the world - who are engaging in unlawful conduct that deprives the US treasury of billions of dollars of tax revenue.”
the
Jones day Partner Laurent Martinet elected to Vice chair of Paris Bar
Jones Day has announced that litigation partner Laurent Martinet was elected Vice-Bâtonnier (bar council vice-chair) of the Paris Bar with co- candidate Pierre Olivier Sur of Fischer Tandeau de Marsac Sur & Associés, elected Bâtonnier (bar council chair).
The team will serve a preparatory year in 2013 as
"dauphin" and
"vice-dauphin" (Bâtonnier- elect and Vice-Bâtonnier- elect) to the current council bar chair. Their two-year
tenure commences on January 1,
2014. It is the first time that a representative from an international
law firm
will hold this level of responsibility within the Paris Bar. With more than 25,000 lawyers, the Paris Bar is the largest of all bars in France.
"We take tremendous pride in Laurent's victory as vice chair of the Paris Bar and believe it to be another example of the broad reach of litigation capabilities and resources we offer to clients around the world," said Thomas (Tim) Cullen, head of Jones Day's Global Disputes
practice. "Laurent has a long and deep background advising French and international clients on a broad range of complex litigation and the Paris Bar will benefit greatly from his vast experience."
Mr. Martinet's practice at Jones Day focuses on corporate and commercial
litigation,
including enforcement procedures, claims and risk analysis, indemnification claims in the M&A context, directors and officers liability,
sales and distribution regulation,
product liability, and environmental health and safety. Also involved in issues related to litigation and prelitigation cases management, Mr. Martinet works closely with the Firm's other practices, notably the Mergers & Acquisitions Practice in connection with risks linked to restructuring transactions, including indemnification agreements, shareholders agreements, and industrial risks.
"Laurent's election as Vice-Bâtonnier
is an
historic development. It is the first time ever for a
partner of an international firm to hold such office. It is a testimony to the sophistication
and
globalization of the Paris bar, and a well-deserved recognition of Laurent's talent and of Jones Day's French litigation practice. In his capacity as Vice- Bâtonnier during his two-year tenure, he will maintain an active practice and continue to serve our clients," comments Hagège,
Charge of the Paris office.
Sophie Partner-in-