Juridique et Administratif

🏡 Pierre FERCHAUD appointed as president and Marie-Anne GINOUX and Jean-François GIRARDIN as vice-presidents of the new commission for the "Palace" distinction, effective December 3, 2024. The commission, under Atout France, includes experts from luxury tourism, arts, culture, gastronomy, and architecture. Key members revealed in the official announcement on December 5, 2024. The commission will recommend awards for deserving five-star hotels, with a reformed distinction now valid for three years.

✈ Between 2015 and 2019, Air Caraïbes and Air Antilles, aided by Aérogestion, established illegal price-fixing and flight capacity agreements in the Caribbean, incurring a €14.57 million fine by the Autorité de la concurrence. Operating in duopoly, they set common fares and reduced seat offerings on strategic routes (Pointe-à-Pitre, Fort-de-France, Saint-Martin, Sainte-Lucie, Saint-Domingue). The practices increased costs for Caribbean residents, a group highly reliant on air transport. Air Caraïbes and its parent companies were fined €13 million, while Aérogestion was fined €70,000.

💰 The CFTC acknowledges the adoption of a motion of censure following the use of Article 49.3 of the French Constitution by Michel Barnier. The union warns of potential chronic political instability affecting the nation's interest. Businesses, public services, and associations fear this instability, leading to delayed investments, HR departments suspending hiring, and households cutting spending in favor of saving. These isolated legitimate actions have detrimental economic and social effects on growth and employment.

📙 EU Travel Tech, representing online tourism platforms like Booking, Expedia, and Airbnb, calls out Google's anti-competitive practices to the European Commission. General Secretary Emmanuel Mounier urges President Ursula von der Leyen for strict enforcement of the Digital Markets Act (DMA), adopted two years ago, to ensure fair competition. Seven months into the DMA non-compliance investigation, the Commission has yet to issue preliminary findings. EU Travel Tech demands swift action, noting Google's diversion tactics with recent "blue links" tests in Germany, Belgium, and Estonia, stressing the necessity for resources to enforce DMA effectively.

💰 A new fraud method using stolen credit cards for bookings on Booking.com has emerged. The scam involves non-refundable reservations by a French client with an African surname, claiming late arrival, leading to less scrutiny at check-in. Payment is initially accepted, but hotels face losses when a chargeback is issued after the guest's departure. To prevent fraud, hotels are advised to systematically check credit cards at check-in, train staff, especially night receptionists, and enforce strict policies denying room access if the card cannot be presented. For assistance, call GHR at 01 42 96 60 75.

💻 Élise Dufour, with over 20 years of experience in tech law and data, offers expertise in data protection and monetization, AI regulation, IT and e-commerce projects. She advises French and international clients on GDPR compliance, IT contract negotiation, cybersecurity, and digital transformation strategies, particularly in AI technology deployment for HR. Nicolas Demigneux highlights her addition to the Paris team as part of the firm's growth in France and Europe, underlining their comprehensive service offering and sectoral development strategy focusing on technology and life sciences.

👤 On November 28, 2024, the tribunal de commerce de Paris approved the joint offer by Zenitude and Stella Management for the takeover of the 75 establishments of Réside Études Seniors (RES), affecting 6,000 elderly residents. Zenitude will take over 53 sites and 1,067 employees, while Stella Management will take on 22 sites and 619 employees, ensuring job security. RES was in receivership since June due to heavy debts.

💸 In 2022, auto-entrepreneurs make up about 62% of independent workers in France. However, their economic stability is often fragile; 33% remain active five years post-registration, compared to 53% of classic entrepreneurs (Source: Insee). Out of the 3,366 active auto-entrepreneurs surveyed, 56% combine their activity with another employment status, predominantly salaried work (28%), while 16% are job seekers. Only 44% rely on their auto-entrepreneurship as their sole professional activity.

📱 After the Digital Markets Act (DMA) implementation within the EU, direct bookings in the hotel sector dropped by 0.8%, with Google Hotels losing 1.5% of its overall market share. Google is making adjustments to combat a 30% decrease in direct, free booking clicks by introducing new modules for users to choose between comparison sites and direct provider links, and launching "other innovative formats" to display more information such as prices and images. In Germany, Belgium, and Estonia, Google will test removing some debated features to comply with the DMA, despite concerns over user and business benefits.

💰 À partir du 1er octobre 2024, au Royaume-Uni, une loi interdit aux employeurs de retenir les pourboires des employés. Les pourboires ne comptent plus dans le calcul du salaire minimum, bénéficiant aux employés à bas salaire en hôtellerie et restauration en Angleterre, Écosse et Pays de Galles. L'Irlande du Nord n'a pas adopté cette législation. La mesure vise à pallier la pénurie de main-d'œuvre post-Brexit.