与Brexit, the United Kingdom (“UK”) becomes a third country to the European Union of which France is a part, 并离开其司法范围.
在反复出现的问题中, those related to the future of contracts concluded with companies located in the UK and the new rules applicable arise.
While the principle is that the legal validity of current contracts is not challenged, 然而，正如法国政府所建议的那样.brexit.gouv.fr), preferable to carry out a full audit of current contracts between you and a customer or supplier based in the UK.
A distinction must be made according to the legal nature of the contracts: contract for the sale of goods, 提供服务的合同, 工作租赁合同, 商务代理合同, 等. 取决于合同的性质, European directives which have been transposed into English law and which remain (as they are incorporated into English law) and European regulations which are no longer directly applicable by definition and the new British regulations if they exist (see below for example on the sale of goods and the new marking) should be checked.
此外, each clause will have to be audited as the study of the contract is much more complex than it appears.
More generally, the parties to a commercial contract will have to be attentive to the 有关管辖权归属的条款 但最重要的是 法律选择条款. Any clause referring to European law will indeed have to be modified and to specify the applicable law (UK law or that of an EU Member State).
Brexit also triggers an increase of the customs duties and some companies should anticipate in their contract a price adjustment clause.
这些公司还必须迫切地质疑所使用的国际贸易术语解释通则. A poorly defined or non-negotiated Incoterm can have irreversible consequences on contractual relations and lead to an extremely substantial financial burden.
Distribution contract after Brexit – Movement of goods – CE marking
适用于任何向英国出口产品的公司, the products will have to comply with the applicable UK legislation.
1月1日起, 2021, the United Kingdom has a new UKCA marking (the CE marking will cease to be recognised in the United Kingdom from January 1, 2022).
This new marking must be used from January 1, 2021 if the product meets the following conditions:
Distributors bringing EU products into the UK market are subject to new obligations:
Products from the UK imported into the EU that become third party products can only be placed on the market in France if they comply with the applicable European safety and compliance rules.
Any company manufacturing its products in the UK or importing products from the UK should therefore pay particular attention.
British manufacturers have stopped using the CE marking since December 31, 2020.
在这些条件下, 如果一家公司从英国向欧盟进口产品, these products will still have to comply with EU legislation in order to be placed on the European market.
Fate of contracts that can no longer be performed as a result of Brexit
As stated in the preamble, Brexit does not invalidate the contract. 然而, let imagine the case of a contract whose main obligation is radically changed or whose performance becomes impossible as a result of Brexit.
在这种情况下, it will be possible (depending on the applicable law chosen by the parties) to invoke the provisions relating to “force majeure” or unforeseen circumstances codified in Articles 1218 and 1195 of the Civil Code (if French law applies), or the provisions relating to the theory of frustration (if English law applies).
1月1日前提起的诉讼, 2021: the Brussels I and Brussels II Regulations (providing that judgments given in civil and commercial matters by the courts of an EU Member State are automatically recognised and enforceable in other EU Member States) remain applicable.
For decisions rendered by English courts to be enforced in France:
1月1日当天或之后的行动, 2021, 6月30日海牙公约, 2005, 适用于法院选择协议. The United Kingdom may ratify the Lugano Convention on Jurisdiction, Recognition and Enforcement of Judgments in Civil and 商业 Matters, 已经得到欧盟的批准, 瑞士, 挪威, 冰岛.
然而, 如果不是这样的话, 适用的将是普通的求值定律, after the French court has verified that judgments given by UK courts have been properly given and that they are in accordance with international public policy.
在没有国际或双边公约的情况下, recognition in the United Kingdom of a French decision will be subject to English common law and therefore to the Foreign Judgments (Reciprocal Enforcement) Act 1933.
It will then be necessary to ask for an English court to register the decision. 为此目的, 必须提供一些文件, 包括一份正式的判决书, a certified English translation of the decision and a witness statement. 注册文件, which sets a time limit within which the other party may challenge the registration of the judgment, 然后要送到另一方吗. 期限内无异议的, 外国的决定可以执行，也将会执行.
本文仅供参考之用. It is not a substitute for legal advice addressed to particular circumstances. You should not take or refrain from taking any legal action based upon the information contained herein without first seeking professional, 根据你自己的情况提供个性化咨询. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
信息由ALARIS AVOCATS提供, English speaking lawyers in France (Paris) specialized in French labor law, 尤其是各种社会计划, 解雇程序及劳动合同条款.