COVID-19: Legal Issues, Considerations And Tips As Of July1, 2020

• Published date: 27 July 2021
• Subject Matter: Corporate/Commercial Law, Insurance, Coronavirus (COVID-19), Corporate and Company Law, Contracts and Commercial Law, Insurance Laws and Products, Insurance Claims, Litigation, Contracts and Force Majeure
• Law Firm: Soulier Avocats
• Author: Ms Catherine Nommick

The COVID-19 pandemic affect billions of people worldwide and has an increasingly devastating impact on the economy.

Companies are facing new challenges and the need for practical legal advice is more important than ever. Legal concerns relate to health restrictions, corporate governance, contracts, business transactions, insurance, insolvency and others.

In order to best assist our clients in these difficult times, we have prepared a summary of the main issues that businesses may face as a result of COVID-19.

1. Movement

Requirements and restrictions

The health emergency has been declared in France by Ordinance No. 2020-328 dated 25 March 2020 which also introduced several measures to limit movements on the French territory. Since Decree No. 2020-545 dated 11 May 2020, lockdown measures and entry restrictions are gradually being lifted.

• Restrictions on travel to France from countries within the European zone (EU Member States, Andorra, Iceland, Liechtenstein Monaco, Norway, San Marino, Switzerland and the Vatican) have been lifted since 15 June 2020. Travelers from these European countries no longer need an international travel certificate and are not subject to any form of quarantine except for those arriving from the UK who will be asked to observe a 14-day quarantine period in reciprocity of British regulations.

• Restrictions on travel to France from countries outside the European zone remain in force until the gradually re-opening of borders, effective from 1 July 2020. Restrictions will then depend on the health situation in third countries and on the European procedures to be issued by that time. Travelers arriving from outside the EU are given, upon arrival, information on the conditions for a voluntary quarantine in the residence of their choice, or as the case may be, in an appropriate accommodation structure.

As of today, travelers must fill out and carry the exempted international movement certificate and shall present a solemn declaration certifying that they are not infected with COVID-19. Every passenger over 11 years of age is also obliged to wear a face mask.

Requirements and restrictions introduced with regard to movement

The lockdown of the population as well as most of the restrictions are no longer enforceable since Decree No. 2020-545 dated 11 May 2020. However, at this stage some restrictions are still in effect.

Firstly, regarding foreign residents in France during the COVID-19 outbreak with permits expiring between 16 March 2020 and 15 May 2020, Ordinance No. 2020-328 dated 25 March 2020, as amended by Ordinance No. 2020-460 dated 22 April 2020, extends by 180 days the long-stay visas, the residence permits, the provisional residence permits and the delivery receipts of resident permit applications. This extension allows foreign citizens to obtain an additional period of time to renew their permits or to wait for the complete reopening of the borders to leave safely the country.

Secondly, for the airline traffic, as a general standpoint, the flights are limited by Decree No. 2020-663 dated 31 May 2020, as amended by Decree No. 2020-664 dated 2 June 2020. However, people justifying private or familial imperative reasons will be able to travel, depending on applicable border restrictions. The same Decree grants the locally competent public authority the power, without any obligation of doing so, to put in quarantine or in isolation, at his residence or in a requisitioned accommodation structure, every person entering the country who stayed during the previous month in a contaminated area or showing COVID-19 symptoms.

Finally, the main restriction still enforceable as of today is the ban on meetings. This applies to all meetings of more than ten people in public area or in a place opened to the public. Decree No. 2020-724 dated 14 June 2020 outlines some derogations to this measure, such as professional meetings, public transportation and establishments authorized to receive public for education, business, culture and worship matters. Nevertheless, these derogations are only possible if social distancing and the use of so-called "barrier gestures" are ensured.

2. Healthcare

Measures introduced to safeguard public health

Decrees dated 11 and 31 May 2020 have introduced several measures to protect public health in France:

• Obligation to wear a face mask when using public transportation and taxis;
• Implementation of social distancing;
• Prohibition of major public events (shows, clubs, major sports events, etc.);
• Mobilization of the emergency health reserve (retired or unemployed healthcare professionals who volunteer to help health services);
• Price-cap regulation for face masks and hydro-alcoholic gel;
• Implementation of a non-mandatory contact tracing phone application called "StopCovid";
• Increase of treasury advances granted by the French Government to the Social Security.

Measures introduced to protect healthcare professionals

• A psychological support;
• The automatic recognition of the occupational nature of the contamination by the coronavirus (to allow a classification as a workplace accident for social security purposes);

In addition, Decree No. 2020-568 dated 14 May 2020 and Decree No. 2020-711 dated 12 June 2020 granted an exceptional...