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2 months ago | 
pinsentmasons.com | Attila Bangha-Szabo |Aleesha Way |Andrew Mitchell
The case concerns the treatment of shareholder loans under German insolvency law and the question of whether the relevant German provisions apply to a loan granted by an EU shareholder – in this case from Austria – where the loan agreement contains a provision stating that the agreement is subject to Austrian law. The case that has been referred to the CJEU concerns an Austrian engineering company that was a shareholder in a German limited liability company (GmbH) based in Schwerin.
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Nov 21, 2024 | 
pinsentmasons.com | Sarah Taylor |Aleesha Way |Andrew Mitchell |Attila Bangha-Szabo
According to patent experts at Pinsent Masons, this is another decision which helps to advance the UPC’s approach to patent claim construction. “The ruling is interesting as it provides further clarity to businesses as to how the UPC will interpret patent claims,” said Sarah Taylor, a patent law expert at Pinsent Masons.
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Nov 19, 2024 | 
pinsentmasons.com | Alison Rankine |Attila Bangha-Szabo
The Data Act came into force on 11 January 2024. “Interestingly, it did not have the anticipated massive impact that a new area of law – the data law – with obligations as far-reaching as the GDPR, would have suggested. Instead, it was introduced rather quietly and discreetly,” said Maximilian Gärtner, a data law expert at Pinsent Masons. The Data Act is designed to enhance the EU’s data economy by making data, particularly data generated by internet-of-things devices, more accessible and usable.
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Oct 7, 2024 | 
pinsentmasons.com | Lisa Carty |Attila Bangha-Szabo
In a case between Ulster Bank and the FSPO (27-page / 339KB PDF), the bank appealed an FSPO decision involving two sets of the bank’s customers who had drawn down mortgage loans on tracker interest rates and then chose to switch their mortgages to a different non-tracker rate. Ulster Bank refused to return them to the original tracker rates and the customers complained to the FSPO, arguing that they had a contractual entitlement to the original tracker rate for the life of the loan.
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Oct 4, 2024 | 
pinsentmasons.com | Johanna Weißbach |Aleesha Way |Andrew Mitchell |Attila Bangha-Szabo
The German Bundestag has adopted the federal government's bill to introduce a precedential ruling procedure at the Federal Court of Justice (BGH) with minor amendments. Mass proceedings involve a large number of individual lawsuits in identical or similar cases. The steadily increasing number of such mass actions, for example in the areas of delayed flights and data protection, has been a burden on the German judiciary for years.
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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.
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Jul 15, 2024 | 
pinsentmasons.com | Maureen Daly |Alison Rankine |Attila Bangha-Szabo
The meeting took place last week was intended to offer the chance to exchange views on copyright and AI and the possible need for regulatory action.
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Jul 10, 2024 | 
pinsentmasons.com | Lisa Carty |Attila Bangha-Szabo
The report (39 pages / 360 KB) provides a comprehensive overview of the Central Bank’s approach to authorising regulated entities and its role as a ‘gatekeeper’ to the Irish and European financial markets. This is the first edition of what will be an annual report which will provide information regarding the Central Bank’s approach to authorisation of regulated firms in Ireland.
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Jul 3, 2024 | 
pinsentmasons.com | Jane Bourke |Sarah Power |Attila Bangha-Szabo
On 26 April 2023, the European Commission put forward a legislative package aimed at revising and replacing existing pharmaceutical legislation. Among the objectives is the continued offering of an attractive and innovation friendly framework for research and development and production of medicines in the EU. Included in the package is a draft Directive (2023/0132 (COD)) which proposes to revise the Bolar exemption with the aim of harmonising the application of the exemption across member states.
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Jun 28, 2024 | 
pinsentmasons.com | Attila Bangha-Szabo |Aleesha Way |Andrew Mitchell
In a recently published ruling, the Federal Court of Justice (Bundesgerichtshof) decided on a claim brought by an insolvency administrator against a consortium of banks. The administrator sought a judgment that various security agreements between the debtor and the banks be declared invalid. The relevant security agreements had been entered into one year before the opening of insolvency proceedings in relation to a standstill and prolongation agreement.
