News
News

 

We react quickly to new market conditions and ensure that our clients can access the latest information. In our "News" section we provide you with details of recent developments in legislation and case law, as well as press releases on transactions we have been involved in that contribute to the development of standard market practices.

News on the market

The Europe 2020 strategy and its impact on Intellectual Property Rights (IPR)

Recent technological changes raise new challenges within the European Union, particularly with regard to intellectual property rights (IPR), and mean that the existing legal framework needs to be adapted to developments in the field of digital technology.

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Interflora v Marks & Spencer - European Court of Justice (ECJ) judgment from 22 September 2011 (C-323/09)

In Interflora, the ECJ confirmed its strict interpretation of article 5 (2) of the EU Trademark Directive, according to which the sole use of trademark in keyword advertising does not per se constitute an infringement of trademark with a reputation but rather required the trademark owner to show that the purpose of this use by the competitor is likely to be considered as free riding, dilution or tarnishement.

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Significant changes to French property capital gains tax rule

Various amendments to the Capital Gains Tax (CGT) laws in France were adopted by the French Assemblée Nationale on September 7, 2011 and October 12, 2011.

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Constitution of the association « Securities Lawyers Association/Avocats en Droit Boursier » (ADB)

A group of attorneys practicing in France and specialized in securities law, have created the “Securities Lawyers Association / Avocats en Droit Boursier (ADB)”. Fabrice Demarigny and Christophe Clerc, lawyers at Marccus Partners, are among the member participants.

 

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Key features of the AIFM Directive

On November 11, 2010 the European Parliament voted the Directive on Alternative Investment Fund Managers (AIFM) which is to be enacted within two years by the Member States.

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New regulations affecting German open-ended funds

In the aftermath of the recent disarray of the real estate markets and notably some resounding fund closures, Germany passed, on February 11th, 2011 the Act on Strengthening Investor Protection and Improving the Functionality of the Capital Market.

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Merger between Humana and Nordmilch – Germany’s largest dairy company

Marccus Partners advised Nordmilch AG (Bremen) on its merger with Humana Milchindustrie GmbH (Everswinkel). The two firms were the major dairy products groups in Germany and, as a result of transaction, now constitute the largest German dairy company, trading under the name of DMK Deutsches Milchkontor GmbH.

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Germany will open up its labour market

On 1 May 2011, Germany will open up its labour market fully to Czech workers and enterprises. However, certain important prerequisites remain to be fulfilled in the areas of employee leasing and secondment, non-compliance with which may have serious consequences.

Published in Plus, Magazin der Deutsch-Tschechischen Industrie- und Handelskammer, February 2011
(Article in German and Czech)

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French Banking and Financial Regulation Bill

A new bill on banking and financial regulation was adopted by the French Parliament on October 11, 2010. It takes measures following the financial crisis and implements a series of provisions including EU regulations under French law with a view to strengthen the regulation of the financial system.

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European legislation: key amendments to the Late Payments Directive

On October 20, 2010 the European Parliament adopted a series of amendments to the EU Late Payments Directive. These amendments will affect both suppliers and purchasers of goods and services in the public and private sectors.

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Marccus Partners advises MidMark Capital on two private equity transactions in France and in Germany

International law firm Marccus Partners SELAS has assisted US private equity firm MidMark Capital LLP on the sale of French stock corporation DynaSys SA, an enterprise software company based near Strasbourg, France, to its NASDAQ-listed competitor QAD Inc. based in Santa Barbara, California.

The deal, for an undisclosed amount, closed last week.

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Marccus Partners advises a subsidiary of the company Cofitem-Cofimur in the sale of two office buildings in the centre of Berlin

International business law firm Marccus Partners has advised a subsidiary of the company Cofitem-Cofimur in the sale of two office buildings in Berlin, located at Bernburger Straße 30-31 (Berlin Kreuzberg) and Taubenstraße 10 (Berlin Mitte).

The closing took place on 30 April 2012.

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Marccus Partners advises a subsidiary of the company Cofitem-Cofimur in the sale of an office building in the centre of Berlin

The international business law firm Marccus Partners has advised a subsidiary of the company Cofitem-Cofimur in the sale of an office building located in the “Mitte” district of Berlin at Alte Jakobstraße 79-80. The building, constructed in 1997, has a leasable surface area of 73 755 m² spread over seven floors. 87% of the offices in the building are currently leased to tenants working in the areas of public relations, education, auditing and software.

The closing took place on 5 April 2012.

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Marccus Partners assisted the IPH Group (Industrial Parts Holding) in connection with its acquisition of the two companies ZITEC Industrietechnik and JUNG in Germany

The international business law firm Marccus Partners assisted the IPH Group referring to its acquisition of two important German companies specialised in power transmission.

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Development of Marccus Partners in France - New partner in tax team

The business law firm Marccus Partners is pleased to announce the arrival of Jean-Laurent Anglade who joined the tax team on 1 March 2012 as a partner.

A Doctor in Law and holder of a corporate legal advisor diploma (DJCE) of the University of Montpellier, Jean-Laurent started his career in 1999 with Arthur Andersen and was with Ernst & Young before founding his own law firm.

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NYSE Euronext names members of its Strategic Planning Committee for SMEs

Amsterdam, Brussels, Lisbon, London and Paris, 22 February 2012 – Following the announcement in November 2011 of its commitment to stepping up efforts to serve SMEs, NYSE Euronext (NYX) today announced the immediate launch of its Strategic Planning Committee and named the new committee’s members.

This new Strategic Planning Committee is charged with assisting the NYSE Euronext Board of Directors in all decisions relating to SMEs. It will help define the market operator's strategy for facilitating SME access to capital markets, and will ensure that the entire market ecosystem is regularly consulted and plays an active role in discussions.

Fabrice Demarigny, a lawyer with Marccus Partners, Head of Capital Market Activities at Mazars Group and author of a report on the Small Business Act for Europe, chairs the new committee, and will ensure that it works closely with Roland Bellegarde, Group Executive Vice President in charge of European listing and cash trading activities at NYSE Euronext.

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Marccus Partners (France) assists Medasys in connection with its business combination with NoemaLife

Medasys, a leading French healthcare software publisher and integrator and NoemaLife, a leader in Italy in publishing, integrating, and supplying health software solutions, completed on November 14, 2011 a business combination in order to create a European leader in their sector.By underwriting a reserved capital increase, NoemaLife became Medasys’ main shareholder with a 45 % holding. The prospectus prepared in connection with this transaction was approved by the Autorité desmarchés financiers (the AMF) on October 28, 2011.

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Marccus Partners (France) assists Faiveley Transport in its acquisition of Graham-White Manufacturing, Co.

Faiveley Transport announced on February 3, 2012 the successful completion of its acquisition of 100% of Graham-White Manufacturing, Co., a leading designer and manufacturer of compressed air drying technology and brake components for locomotives and rail transit markets.
 

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Development of Marccus Partners in France: New Head of Real Estate Department

The business law firm Marccus Partners is pleased to announce the arrival of Anne-Laure Fonade who joined the Paris office on 14th November 2011 as a partner, heading its Real Estate Department.

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Continued growth at Marccus Partners in France: Partner recruitments in Banking & Finance, Restructuring, Mergers & Acquisitions, Employment & Pensions, and Tax

Christophe Clerc (Managing Partner – Legal) and Yves Charles Zimmermann (Managing Partner – Tax) are strengthening their respective teams in Paris through the lateral hire of new partners.

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