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22/07/2024
Real estate finance law in France
A. Mortgages 1. Can security be granted to a foreign lender? Yes, as a general principle there are no restrictions on the ownership of land by foreign parties and the taking of security over land or...
19/07/2024
The European Commission approves restructuring State aid of €1.3 billion...
In October 2020, the European Commission approved a recapitalisation measure of approximately €833 million, notified by Sweden and Denmark, in favour of SAS. This measure was adopted under the State...
19/07/2024
Commission Delegated Regulation on sustainability disclosures for STS se­cur­it­isa­tions...
IntroductionThe Commission Delegated Regulation, supplementing Regulation (EU) 2017/2402 (the “Se­cur­it­isa­tion Reg­u­la­tion”[1]), entered into force on 8 July 2024 (the “Commission Delegated Regulation”...
19/07/2024
A healthy balance between novelty and sufficiency for a claimed therapeutic...
The question of novelty and sufficiency of second medical use claims in light of clinical trial prior art has been addressed by the EPO Boards of Appeal on a number of occasions. In recent decision T...
15/07/2024
CMS European Private Equity Study 2024
We are pleased to share with you the 2024 edition of the CMS European Private Equity Study, a comprehensive analysis of hundreds of private equity deals CMS advised on across Europe in 2023 and previous...
12/07/2024
Energy and climate change: The most significant (marine) climate change...
Continuing the theme of a number of recent court judgment regarding state and party obligations concerning climate change issues, the International Tribunal for the Law of the Sea (“ITLOS”) has recently...
12/07/2024
EU’s AI Act published in Official Journal, transition periods now known
Following the adoption of the "Regulation laying down harmonised rules on Artificial Intelligence" (AI Act) by the European Parliament and the Council of the European Union, this act was published in...
12/07/2024
International arbitration law and rules in France
France has seen the setup of specialised chambers for the hearing of international business disputes in several of its regional jurisdictions, including in the Paris Commercial Tribunal and in the Paris...
11/07/2024
Looking ahead to the EU AI Act
On 12 July 2024, the "Regulation laying down harmonised rules on artificial intelligence" (the so-called AI Act) was published in the Official Journal of the European Union. After a long and complex journey that began in 2021 with the European Commission’s proposal of a draft AI Act, the regulation will now enter into 20 days after its publication, i.e. on August 2, 2024. As the world's first comprehensive law to regulate artificial intelligence, the AI Act aims to establish uniform requirements for the development and use of artificial intelligence in the European Union. With this adoption of the world’s most significant legislation on Artificial Intelligence, the EU is solidifying its position as a pioneer among global legislators. This initiative aims to establish and reinforce the EU’s role as a premier hub for AI while ensuring that AI development remains focused on human-centered and trustworthy principles. The AI Act aims to ensure that the marketing and use of AI systems and their outputs in the EU are consistent with fundamental rights under EU law, such as privacy, democracy, the rule of law and environmental sustainability. Adopting a dual approach, it outright prohibits AI systems deemed to pose unacceptable risks while imposing regulatory obligations on other AI systems and their outputs. The new regulation, which also aims to strike a fair balance between innovation and the protection of individuals, not only makes Europe a world leader in the regulation of this new technology, but also endeavours to create a legal framework that users of AI technologies will be able to comply with in order to make the most of this significant development opportunity. In this article we provide a first overview of the key points contained in the text of the AI Act that companies should be aware of in order to prepare for the implementing regulation.
11/07/2024
Space exploration: what goes up, must come down
BackgroundThe space economy is predicted to be worth a staggering $1.4 trillion by 2030.1 This exponential growth can be largely attributed to the new private “space race” dominated by the world’s...
11/07/2024
Cannabis law and legislation in France
Medical use In principle, pursuant to Article R. 5132-86 of the French Public Health Code (PHC), the culture, manufacture, transport, import, export, holding, offer, transfer, acquisition and use of...
09/07/2024
CMS European Private Equity Study 2024
This study analyses hundreds of Private Equity deals that we advised on in 2023 and previous years, providing unique insights into market trends