Monthly Legal Overview (February 2025)

99 AVOCATS ASSOCIÉS is pleased to propose a selection of legal news from Monaco in February 2025: texts published in the Journal de Monaco and other publications.

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TEXTS PUBLISHED IN THE JOURNAL DE MONACO

FINANCIAL

◾Lowering of the legal interest rate

Sovereign Order no. 11.091 of 18 February 2025 (JDM no. 8736 of 28 February 2025) sets the legal interest rate (used to calculate interest on sums payable in the event of late payment), in all matters, at 4% per annum, with effect from 1 March 2025 (the rate had been 5% since 1 February 2024).

CIVIL PROCEDURE

◾Portions of remuneration, salaries and annual arrears which may be seized or assigned

Sovereign Order no. 11.114 of 18 February 2025 (JDM no. 8736 of 28 February 2025) sets out, pursuant to article 502 of the Code of Civil Procedure, the limits and portions that may be seized or assigned of the remuneration, salaries and annual arrears referred to in article 503 of the same Code, i.e. : 1° salaries and sums due by way of remuneration to all persons employed or working, in whatever capacity and in whatever place, on behalf of one or more employers, whatever the amount and nature of their remuneration, the form and nature of their contract; 2° arrears of civil, ecclesiastical and military pensions paid by the Treasury; 3° arrears of all other retirement pensions.

HEALTHCARE PROFESSIONAL

◾Pharmacists: suspension of authorisation to practise in the event of serious danger

Ministerial Order no. 2025-63 of 30 January 2025 (JDM no. 8733 of 7 February 2025) sets the composition and operation of the medical commission instituted by article 18 of Law no. 518 of 23 December 2021 relating to the practice of pharmacy, to be consulted by the Minister of State when the serious danger to which patients are exposed is linked to a disability or pathological condition of the pharmacist (temporary suspension or revocation of the authorisation to practice).

PUBLIC • REAL ESTATE

◾Protected sector: average rents and compensatory rent allowance

Ministerial Order no. 2025-64 of 30 January 2025 (JDM no. 8733 of 7 February 2025) sets, pursuant to article 31 of Law no. 1.235 of 28 December 2000, as amended, the average rents per square metre for dwellings in the protected sector and the amount of the rent compensation allowance payable by the State (€23.09 per square metre per month), which provides rental income equivalent to that of owners charging the highest rents in the protected sector.

COUNCIL OF EUROPE

◾Fight against corruption: implementation of the GRECO Recommendations (5th evaluation round - senior executive and law enforcement agencies)

Sovereign Order no. 11.092 of 18 February 2025 (JDM no. 8736 of 28 February 2025) sets up the Steering Committee for the Global Strategy to Combat Corruption as part of the fifth evaluation round of the Group of States against Corruption (GRECO), responsible for determining the measures required to implement the recommendations addressed to the Monegasque authorities.

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AML/FT-P

◾Appointment of the Director of the Monegasque Financial Security Authority (AMSF)

By Sovereign Order no. 11.115 of 24 February 2025 (JDM n° 8736 of 28 February 2025), Mr Bruno DALLE, Public Prosecutor at the Court of Appeal of Nouméa, placed on secondment by the French Government, was appointed as Director of the AMSF with effect from 3 March 2025.

JUSTICE

◾Appointment of the Guardianship Judge and Deputy Judge

The Order of the Secretary of State, Director of Judicial Services no. 2025-6 of 10 February 2025 (JDM no. 8734 of 14 February 2025) designates Mrs Léa PARIENTI, First Judge at the Court of First Instance, to carry out the duties of Guardianship Judge and Mr Patrice FEY, Judge at the Court of First Instance, to carry out the duties of Substitute Guardianship Judge.

◾Appointment of a Judge to the Court of First Instance

By Sovereign Order no. 11.077 of 18 February 2025 (JDM no. 8736 of 28 February 2025), Mr Maxime MAILLET, Magistrat référendaire, was appointed Judge at the Court of First Instance, with effect from 30 January 2025.

◾Appointment of a member of the Labour Court (employer representation)

By Sovereign Order no. 11.089 of 18 February 2025 (JDM no. 8736 of 28 February 2025), Mr Sébastien MARTINEZ was appointed member of the Tribunal du Travail until 3 October 2030, replacing Mr Alain HACHE.

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OTHER PUBLICATIONS

CASE LAW

◾Decisions of the Supreme Court (February 2025)

We look back at two Supreme Court rulings of February 2025, which are of interest with regard to the classification of withdrawals of authorisation to practise and the invocation against them of constitutional and conventional principles in repressive matters, and a reminder of the principles applicable in terms of evidence, substitution of grounds and injunction to the administration.

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DIGITAL PRINCIPALITY

◾Electronic signature and seal: the Direction du Développement Économique (DDE) qualified as a Trust Service Provider (TSP)

The Monegasque Digital Security Agency (Agence Monégasque de Sécurité Numérique AMSN) has qualified the DDE as a Trust Service Provider for the creation of qualified electronic signature and electronic seal certificates that can be used by companies registered in the Répertoire du Commerce et de l'Industrie (RCI) for their business documents. Subject to compliance with the requirements of the regulations in force, this decision is valid until 19 September 2026 (Government press release dated 10 February 2025).

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EUROPEAN UNION • UKRAINE

◾Freezing of funds and economic resources in application of international economic sanctions

Pursuant to Council Implementing Regulation (EU) 2025/389 of 24 February 2025 implementing Regulation (EU) no. 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, Minister of State Decision No 2025-15 of 24 February 2025 (based on Sovereign Order no 8. 664 of 26 May 2021, as amended) made a significant change to the national list of natural and legal persons, entities and bodies subject to a freeze of funds and economic resources (addition of 48 persons and 35 entities). This measure is part of the EU's 16th sanctions package.

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UNITED KINGDOM

◾Electronic Travel Authorisation (ETA) for stays in the United Kingdom compulsory from 2 April 2025 (Monaco, EU, EEA)

The ETA for travel to the UK for up to 6 months will come into effect from 2 April 2025 for Monegasques and citizens of the European Union (EU) and the European Economic Area (EEA). ETA applications can be made from 5 March 2025 via the UK ETA App or the dedicated online portal.

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