The Council adopts the Listing Act
CMS Law-Now » Austria
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1w ago
The Council adopts the Listing Act On 8 October 2024, the Council of the European Union (the Council) adopted the package of measures known as the “Listing Act” (the Act), following the provisional agreement reached with the European Parliament (the EP) earlier this year. The Listing Act aims to make EU capital markets more attractive for small and medium-sized enterprises (SMEs).The Act made changes to:Regulation (EU) 2017/1129 of the EP and of the Council (the Prospectus Regulation),Regulation No 596/2014 of the EP and of the Council (the MAR), andRegulation No 600/2014 of the EP and of the ..read more
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No fruit from the poisonous tree – The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration
CMS Law-Now » Austria
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1w ago
No fruit from the poisonous tree – The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration In a recent decision (order of 13 September 2024 – 11 Sch 146/23), the Bavarian Highest Regional Court (BayOblG) ruled on the recognition of an arbitral award on costs that had been rendered in an arbitration conducted pursuant to the UNCITRAL Arbitration Rules and administered by the Permanent Court of Arbitration in The Hague. The proceedings had been initiated by German investors against the Czech Republic under the Energy Charter Tre ..read more
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Priority entitlement: the EPO implements the new “rebuttable presumption” criteria of G 1/22 and G 2/22 (T 2360/19)
CMS Law-Now » Austria
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3w ago
Priority entitlement: the EPO implements the new “rebuttable presumption” criteria of G 1/22 and G 2/22 (T 2360/19) In recent Technical Board of Appeal decision T 2360/19, the Board considered the validity of priority claims following the Enlarged Board of Appeal consolidated decision G 1/22 and G 2/22.The opposed patent EP2784162 in the name of The Broad Institute, Inc. relates to CRISPR gene editing technology and is a divisional of EP2771468. The parent patent EP2771468 was previously revoked as confirmed by the Board of Appeal decision in T 844/18 (discussed in our article here) following ..read more
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Taskforce on Inequality and Social-related Financial Disclosures launched
CMS Law-Now » Austria
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3w ago
Taskforce on Inequality and Social-related Financial Disclosures launched On 23 September 2024, the Taskforce on Inequality and Social-related Financial Disclosures (“TISFD”) was launched.The TISFD, which has been launched to bring attention to the financial risks presented by inequality and other social-related issues to companies and financial institutions (“FIs”), has said that it will develop a global framework for companies and FIs to include more effective disclosures about impacts, dependencies, risks and opportunities related to social issues in their public reporting.Yet another discl ..read more
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A week in the world of ESG
CMS Law-Now » Austria
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3w ago
A week in the world of ESG A lot can happen over the course of a week in the world of ESG. Since Wednesday 25 September 2024, there have been several important developments in Europe and the US and, while we don’t claim to cover every development, this is a summary of those that have most captured our interest and attention.As ever, please reach out if you would like to discuss any of these areas in more detail.European Commission begins infringement process regarding transposition of the CSRDOn Thursday 26 September 2024, the European Commission (“EC”) announced that it has sent letters to 17 ..read more
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The EU Deforestation Regulation: deferred application, updated guidance and new FAQs
CMS Law-Now » Austria
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3w ago
The EU Deforestation Regulation: deferred application, updated guidance and new FAQs On 2 October 2024, the European Commission published a proposal for a new legislative act which would defer the application of the recently adopted EU Deforestation Regulation (EUDR) by 12 months, citing the concerns raised by international partners about EUDR and the need to allow them and affected entities additional time to prepare.Separately, the Commission published updated Guidance on the interpretation of some of the key provisions of the EUDR and an updated, lengthy, Frequently Asked Questions document ..read more
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The use of good faith arguments in time-bar disputes
CMS Law-Now » Austria
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3w ago
The use of good faith arguments in time-bar disputes Good faith obligations are often raised in international construction disputes to overcome time-bar defences raised by employers. This Law-Now considers the approach to enforcing time-bar clauses under English law and in civil law jurisdictions before considering a recent DIFC decision which arises under the unique combination of English and civil law contained in the DIFC’s Contract Law.Time-bars under English lawThe English courts have traditionally shown themselves to be supportive of enforcing time bar clauses if they are not strictly co ..read more
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CMS Annual Review of English Construction Law Developments: An International Perspective
CMS Law-Now » Austria
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1M ago
CMS Annual Review of English Construction Law Developments: An International Perspective We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments. The Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition ..read more
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European Commission’s call for evidence on the revision of the guidelines on State aid in the aviation sector
CMS Law-Now » Austria
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2M ago
European Commission’s call for evidence on the revision of the guidelines on State aid in the aviation sector The European Commission has launched on 27 August a public consultation on State aid in the aviation sector. The consultation will run until 8 October 2024.The 2014 Guidelines on State aid to airports and airlines provide for:the interpretation on the notion of State aid in regard to public interventions for airports and airlines;the compatibility conditions for investment aid to airports with up to 5 million passengers per year;the compatibility conditions for operating aid to airport ..read more
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CMS Data Protection Update EU and Germany, August 2024
CMS Law-Now » Austria
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2M ago
CMS Data Protection Update EU and Germany, August 2024 I.    The latest from the data protection authorities and current topics1.    AI Act: Legislative proceedings finalisedThe legislative proceedings for the AI Act have been completed and came into effect on 1 August 2024. The CMS homepage provides an overview: Looking ahead to the EU AI Act (cms.law). The data protection authorities have published the following notifications and are gearing up for their new duties: Statement 3/2024 of the European Data Protection Board (EDPB) on data protection a ..read more
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