Brexit
& Beyond

Employment Law

Brexit and the mobility of persons

The conditions of mobility of persons between France and the United Kingdom will be a major challenge in the post-Brexit negotiations. From October 2019, and in the absence of a transitional period, companies will have to be inventive and pragmatic in order to solve the many issues related to immigration, welfare protection and employment law.

The need to anticipate

Given the uncertainties related to the withdrawal procedures’ timetable, companies operating in the United Kingdom, or considering mobility for their employees, will have to contractually provide for supporting and repatriation terms for seconded or expatriated employees in the United Kingdom.

Among the many outstanding issues:

– The entry, residence and work conditions for employees travelling between Great Britain and France;

– The impact of Brexit on the welfare protection of employees on international mobility and on their employment contracts;

– How to organize the transfer of activities resulting from Brexit and their consequences for employees by addressing all issues?

– How to avoid the company’s liability in case of a substantial change in the living and residence conditions of employees seconded to Great Britain?

– Should communication on this subject be organized with employees and/or employee representative bodies?

Tax law

Although it is too early to assess all of the tax consequences of the United Kingdom’s exit from the European Union, a few thoughts are in order. The situation of the Franco-British post-Brexit tax relations greatly depends on the terms of the agreement which is currently being negotiated.

In any case, it is obvious that France will have to amend its legislation in order to assist the exit of the United Kingdom, something on which it has already been working on as part of the finance bill for 2019. « Forewarned is not forearmed » as the saying goes…

IP/IT Law

1. HARD-BREXIT scenario

If the United Kingdom and the European Union do not reach an agreement by October 31st, 2019, a “hard Brexit” is to be expected. The rules applicable to persons and tangible or intangible property will have to be individually reviewed, leading to negotiations of an unparalleled complexity. Companies have to assess as of now what the consequences of a hard Brexit on their activities might be.

Our Brexit offer

Hard Brexit, what impact will it have on intellectual property rights?

If the United Kingdom and the European Union fail to reach an agreement, the intellectual property rights protected in the European Union will not automatically be extended to British territory after October 31st, 2019. The United Kingdom government seeks to be reassuring by stating that measures will be taken to ensure the protection of intellectual property rights. However, in the absence of such measures and in order to anticipate possible difficulties, we recommend that you carry out an analysis of your portfolio of intellectual property rights and already consider extensions of protection or new registrations in the United Kingdom. Furthermore, questions pertaining to ongoing registration procedures, to the use and to the exhaustion of rights and their defence will necessarily arise. Our Intellectual Property team is at your disposal to assist you in defining the strategy to be adopted in the context of a withdrawal of the United Kingdom without any agreement.

2. SOFT BREXIT scenario

Our Brexit offer

Soft Brexit, what impact will it have on intellectual property rights?

If the United Kingdom and the European Union reach an exit agreement before October 31st, 2019, this agreement will probably include a series of protective measures concerning intellectual property rights both during the transition period and on the final exit of the United Kingdom. Considering the new rules introduced both during the transition period and after December 31st, 2020, it will be necessary to keep up to date in order to adapt its protection and to be able to maintain it effectively. Our IP team is at your disposal to assist you in defining a strategy to be adopted in the context of the withdrawal of the United Kingdom.

Contract Law

European law governs the life of contracts between members of the European Union, and particularly applicable law, consumer law and competition law.

Will the exit of the United Kingdom from the European Union entail the end of these rules? If so, what will be the transition rules? In regard to the European Union and its various Member States, in regard to the United Kingdom? For the future or for ongoing disputes? Should we also rethink the choice of law clauses applicable to contracts? How shall we prepare for this?

Arbitration &
Alternative Dispute Resolution

The fateful day of Brexit fast approaches.

The consequences of this exit are a matter of great concern and uncertainty in several socio-economic, financial areas and in the commercial areas in particular. Specifically, arbitration is today the main method of dispute resolution in the world of international trade.

Regarding arbitration, will the current framework in the United Kingdom be affected in the aftermath of Brexit? In addition, is London’s place as a seat of arbitration threatened?

Corporate/Finance Law

We assist our clients in their strategic thinking and anticipation of Brexit consequences on the free movement of (i) goods, (ii) capital, (iii) services; and on the customs union.

We complete their analysis regarding the relocation of their companies, the creation of new related companies in France or in neighboring jurisdictions in line with the volumes of trade and transactions concerned, and coordinate, if necessary, the support of our tax department, colleagues and other corresponding advisors abroad according to their needs. We are involved in assessing the pros and cons of changing the referral regulatory authority and whether a relocation, in order to be regulated only by an authority of the European Union, could offer guarantees of stability. The multiplicity of referral regulatory authorities might offer opportunities but what would be the related costs?

Litigation

European law governs every stage of a trial between parties of different Member States, in particular the jurisdiction rules, the rules of signification of court rulings and their execution.

Will the exit of the United Kingdom from the European Union entail the end of these rules? If so, what will be the transition rules? In regard to the European Union and its various Member States, in regard to the United Kingdom? For the future or for ongoing disputes? Should we also rethink the choice of law clauses applicable to contracts? How shall we prepare for this?