-
Oct 17, 2024 | 
pinsentmasons.com | Carlo Schick |Johanna Weißbach |Aleesha Way |Alexander Karst
The new law authorises the German federal states to set up specialised courts for commercial matters (commercial courts and commercial chambers), where proceedings can be held in English. The aim is to prepare courts for negotiations in international commercial disputes and to strengthen Germany as a centre of justice and reduce the transfer of commercial disputes to private arbitration tribunals and foreign commercial courts.
-
Sep 10, 2024 | 
pinsentmasons.com | Michael Reich |Aleesha Way |Alexander Karst |Attila Bangha-Szabo
In doing so, the CJEU overturned a judgement of the EU General Court. The record fine of €432 million imposed by the Commission - which corresponded to 10% of Illumina's turnover - is therefore also invalid. “The Commission is not authorised to encourage or accept referrals of proposed concentrations without a European dimension from national competition authorities where those authorities are not competent to examine those proposed concentrations under their own national law,” the CJEU said.
-
Aug 5, 2024 | 
pinsentmasons.com | Michael Reich |Aleesha Way |Alexander Karst
The German Bundeskartellamt, Germany’s federal competition authority (FCO), recently decided to prevent the proposed merger between Heidelberg University Hospital (UKHD) and University Hospital Mannheim (UKMA) following an in-depth investigation under German competition law. UKHD had planned to acquire a majority share in UKMA. Investigations carried out by the FCO indicated that the merger would have significant negative effects on competition.
-
Jun 26, 2024 | 
pinsentmasons.com | Siobhan Cross |Alasdair Weir |Alexander Karst
In this guide, we look at the standards that the EPBD sets – and the actions EU member states and businesses need to take to meet its requirements. The revised EPBD introduces the concept of ‘zero-emission’ buildings (ZEBs) into EU law and requires both new and existing buildings to be ZEBs, in time.
-
Nov 24, 2023 | 
pinsentmasons.com | Johanna Weißbach |Aleesha Way |Alexander Karst
Until a judgement by the Federal Court of Justice, it was common practice to make changes to general terms and conditions if the customer did not object within a certain period of time. In April 2021, the Federal Court of Justice (BGH) ruled that banks must have their customers' consent if they make changes to their GTCs. According to the BGH, amendment clauses without consent amount to a one-sided, unrestricted authorisation of the bank to make changes and are therefore invalid.
-
Aug 30, 2023 | 
pinsentmasons.com | Lisa Meyer |Adam Cain |Alexander Karst
Under the bulk-billing regime, patients are able to access healthcare services at no additional cost to the patient. Instead, healthcare providers bill Medicare directly and receive a standard rebate as full payment for services provided. A number of factors lie behind this movement away from bulk billing, but the primary one is that the Medicare rebate is simply no longer adequate to keep up with the costs of running a practice.
-
Aug 15, 2023 | 
pinsentmasons.com | Adam Cain |Alasdair Weir |Alexander Karst
Draft legislation is not yet available publicly. The Albanese government is starting to drop more details about the shape and meaning of the reforms, as they continue consultation on the proposals with industry and employer groups and unions. Given the lack of detail so far about the changes and that consultations continue, it is difficult to predict with any accuracy exactly what the new laws will look like and how employers will have to respond.
-
Jun 29, 2023 | 
pinsentmasons.com | Adam Cain |Aleesha Way |Alexander Karst
The Act on Security Screening of Investments, Mergers and Acquisitions (‘Vifo Act’) entered into force on 1 June 2023 and introduces a mandatory national security regime that applies to investments in vital sectors, sensitive technology and operators of business campuses. The Vivo Act applies retrospectively to all qualifying investments made after 8 September 2020 and applies to both Dutch and non-Dutch investors.
-
Jun 14, 2023 | 
pinsentmasons.com | Adam Cain |Alasdair Weir |Aleesha Way |Alexander Karst
Under an amendment to the 1967 Companies Act (CA), made through the Companies, Business Trusts and Other Bodies (Miscellaneous Amendments) Bill, companies can now hold fully virtual and hybrid company meetings and board meetings held virtually are no longer prohibited. Companies are also now required to accept proxy instructions given electronically rather than leaving this to be stipulated in the company’s constitution.
-
Jun 5, 2023 | 
pinsentmasons.com | Neil Keenan |Adam Cain |Alasdair Weir |Alexander Karst
Ireland’s new Mobility Regulations (96 pages /593 KB PDF), which were enacted on 24 May, are set to provide a harmonised legal framework governing cross-border conversions and a simplified procedure governing cross-border mergers within the EU. The pre-existing cross-border division rules have also been changed to allow Irish companies to divide their assets and liabilities into new companies in other member states.
