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HTMLIntragroup Reorganization and Abuse of Law Theory
Nicolas Andre, Nicolas Andre, Siamak Mostafavi, Siamak Mostafavi; Jones Day;
Legal Alert/Article
August 19, 2015, previously published on August 2015
In the context of the intragroup reorganization of a multinational automobile manufacturer, the Conseil d'Etat recently restated its position in favor of the freedom of choice (CE, July 8, 2015, n°365850).

 

HTMLDividend Withholding Tax Exemption and Specific Anti-Abuse Provision
Nicolas Andre, Siamak Mostafavi; Jones Day;
Legal Alert/Article
August 19, 2015, previously published on August 2015
In a recent decision (CAA Versailles, July 8, 2015, n°13VE01079), the Versailles Administrative Court of Appeals (CAA) provided an interesting illustration of the operation of the specific anti-abuse provision (i.e., different from the general abuse of law theory) attached to the dividend...

 

HTMLScope of the Former 40 Percent Tax Basis Relief on Dividends
Nicolas Andre, Siamak Mostafavi; Jones Day;
Legal Alert/Article
August 19, 2015, previously published on August 2015
Unlike the aforementioned QPC rulings, the Conseil Constitutionnel did not find the provisions of the FTC relating to the taxation of dividends received by individual shareholders fully compliant with the French Constitution.

 

HTMLQPC on the French Reit-Like Regime
Nicolas Andre, Siamak Mostafavi; Jones Day;
Legal Alert/Article
August 19, 2015, previously published on August 2015
On the conformity to the French Constitution of the provisions of the French tax code relating to the specific REIT-like tax regime (Société d'Investissements Immobiliers Cotée, SIIC) set forth under Articles 208 C et seq of the French tax code (FTC), the Conseil...

 

HTMLRetroactivity of the Limitation on the Deductibility of Capital Losses
Nicolas Andre, Siamak Mostafavi; Jones Day;
Legal Alert/Article
August 19, 2015, previously published on August 2015
On the conformity to the French Constitution of the allegedly retroactive entry into force of Article 18 of the Amending Finance Law for 2012 dated August 16, 2012 (Finance Law for 2012), the Conseil Constitutionnel ruled that there was no infringement of the legitimate expectations of the taxpayer...

 

HTMLSaudi Arabia's Oil and Gas Sector-An Update: Part 2
Yusuf Giansiracusa, Karim Mahmud, Darren Murphy, Edward H. Rose, Jeffrey A. Schlegel; Jones DayIn association with Alsulaim Alawaji & Partners;
Legal Alert/Article
August 19, 2015, previously published on August 2015
Part 1 of this Commentary looked at recent changes to the governance of the hydrocarbon sector in Saudi Arabia. Part 1 additionally suggested that various themes are now beginning to emerge which are likely to affect the Kingdom's future economic policies and energy law framework.

 

HTMLEPA Issues Clean Power Plan to Control Power Plant Carbon Emissions
Casey F. Bradford, Daniel L. Corbett, Jennifer M. Hayes, Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
August 17, 2015, previously published on August 2015
At a White House ceremony on August 3, 2015, President Obama and the U.S. Environmental Protection Agency ("EPA") issued the Clean Power Plan ("CPP"), the administration's regulatory plan to reduce carbon dioxide ("CO2") emissions from existing fossil fuel power plants...

 

HTMLFederal Circuit's Unanimous En Banc Decision Focuses on "Attribution to a Single Entity" to Establish Divided-Infringement Liability
Gregory A. Castanias, Anthony M. Insogna, David M. Maiorana, Sasha Mayergoyz, Matthew J. Silveira; Jones Day;
Legal Alert/Article
August 17, 2015, previously published on August 2015
On August 13, 2015, the Federal Circuit issued an en banc decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., stating in a per curiam opinion that "we unanimously set forth the law of divided infringement under 35 U.S.C. § 271(a)." In doing so, the court held that...

 

HTMLSuprema v. ITC: Induced Infringement of a Method Patent Supports a Section 337 Violation
Gregory A. Castanias, David M. Maiorana; Jones Day;
Legal Alert/Article
August 17, 2015, previously published on August 2015
On August 10, 2015, the en banc United States Court of Appeals for the Federal Circuit held that articles that do not directly infringe until after they have been imported into the United States may nonetheless qualify as "articles ... that infringe" that can be excluded from entry by the...

 

HTMLSaudi Arabia's Oil and Gas Sector—An Update: Part 1
Yusuf Giansiracusa, Karim Mahmud, Darren Murphy, Edward H. Rose, Jeffrey A. Schlegel; Jones DayIn association with Alsulaim Alawaji & Partners;
Legal Alert/Article
August 12, 2015, previously published on August 2015
The Kingdom of Saudi Arabia's oil and gas industry has been, more than usual, in the headlines recently for two reasons. First, as world crude oil prices have dropped dramatically over the past year, the Kingdom's petroleum policy has come under particular scrutiny. Second, as an accompaniment to a...

 


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