Michaël Perche

Public law

• Representing a consortium appointed as the preferred bidder to sign a EUR 500m public procurement contract for IT services in the context of a référé précontractuel (ie a pre-contractual appeal in the administrative court on the grounds of inequality) brought by a competitor.
• Representing a metropolitan authority in a EUR 150m dispute with a European civil engineering company relating to arising from a public-private partnership contract for the design, financing, construction, maintenance and operation of one of the largest sports stadiums in France. The dispute involved lengthy expert appraisals and pre-insolvency proceedings.
• Representing a war material manufacturer in a référé précontractuel (ie a pre-contractual appeal in the administrative court on the grounds of inequality) seeking the annulment of the award procedure for a defense procurement contract valued at EUR multi-million for the supply of precision rifle scopes.
• Representing a video game editor in a dispute against a EUR 3m sanction enacted by the French Data Protection Authority (CNIL) before the Conseil d’Etat (France’s Highest Administrative Court).
• Representing a French company in the digital marketing sector in a c.EUR 3m dispute against the French State as a consequence of the illegality of the latter’s decision to validate a Plan de sauvegarde de l’emploi (ie an employment protection plan) which resulted in major financial losses for the company.
• Representing an Asian telecommunications company in obtaining various administrative authorizations (such as a building permit, an environmental permit, etc) required for setting up a data centre campus in France, a project valued at EUR 1bn.

Export control & Sanctions

• Representing an American IT service provider and software editor in obtaining export licenses from the French authorities for exporting dual-use software that uses cryptography to 65 countries.
• Representing a US military company in the negotiation of a EUR 21m contract for the purchase of 63 retired fighter jets from the French Ministry of Defense, with a view to serve as aggressors in adversary air services training in the US. This work also included obtaining the relevant export licenses.
• Advising a European civil and military vehicles manufacturer carrying out an audit and restructuring of its data storage solutions on their compliance with the EU and French military and dual-use goods export control regulations and related industry specific laws and guidance.
• Advising and providing training to a French airport operator on the implementation of an export control and sanctions compliance programme for new software and hardware classified as dual-use and military goods under the EU and French export control regulations.
• Advising a French car part manufacturer on obtaining the relevant authorizations from the Direction Générale du Trésor (the French Treasury) in connection with its exit from the Russian market, in the context of the EU sanctions against Russia following its invasion of Ukraine.
• Advising a French luxury retail brand on its strategy and on obtaining the relevant authorizations from the Direction Générale du Trésor (the French Treasury) to maintain certain services and financial flows to its Russian subsidiary while winding down its operations in Russia in the context of the EU sanctions.
• Representing a European biotech company in a EUR 15m dispute with a public hospital following a malfunction of a medical robot resulting in brain damage to the patient.
• Representing a French subsidiary of a US industrial group in litigation brought by several former protected employees against dismissal authorisations granted by the DRIEETS, a French public body responsible for labour law issues.
• Representing an American IT service provider and software editor in obtaining export licenses from the French authorities for exporting dual-use software that uses cryptography to 65 countries.
• Advising a French subsidiary of an international discount retailer chain in respect of a large number of building permit applications for the construction and renovation of their stores in France.
• Advising a French state-owned company performing postal services on the setting up and implementation of tender procedures for a EUR 200m collective catering contract for its employees and a EUR 20m contract for the supply of banknote processing machines.
• Advising French and foreign pharmaceutical companies and biotech manufacturers on administrative law issues arising out of M&A transactions, such as implications for the target’s administrative authorizations and public contracts due to changes of control provisions and transfer of existing contracts.
• Advising the owner of a castle of significant public and historic importance in France in relation to a safety order issued by the local municipality arising out of concerns that a part of the building may collapse. In addition to requiring significant repair works, the order required evacuation of local residents living in proximity to the building and compensation of the evacuation costs by the building’s owner.
• Advising a global fast-food chain on the application of French Anti-waste law for a circular economy (AGEC) of 2020 and on the allocation of responsibilities for compliance in franchise arrangements.