The coronavirus crisis could make the ability of a business to perform pending contracts harder. Even though so-called ‘hardship’ clauses are perfectly valid and enforceable under Belgian law, hardship is not generally accepted as a principle of Belgian contract law. Until the rules on obligations of the new Civil Code, which recognise hardship, enter into force, there are exceptions and creative ways to deal with this problem ...
With the Corona crisis, countries such as Germany, France and the Czech Republic have already announced bans on exports of protective gear to avoid shortages at their countries. But is this in conformity with the principle of free movement of goods as provided for in articles 34-36 TFEU? This principle is one of the cornerstones of the European Union's internal market which implies that national barriers to the free movement of goods within the EU need to be removed ...
EUIPO On 16 March 2020, the Executive Director of the European Union Intellectual Property Office (EUIPO) has issued Decision No EX-20-3 extending all time limits expiring between 9 March 2020 and 30 April 2020, that affect all parties before the Office, to 1 May 2020. In principle, the new deadlines will not be communicated to the parties on a case-by-case basis ...
All shops, bars, restaurants and leisure centres will be closed at least until 6 April 2020. Only grocery stores, pet food stores, pharmacies, banks, post offices and book shops will remain open until that date insofar as the social distancing (at least 1 meter distance) can be guaranteed. Night shops can stay open until 10 pm insofar as social distancing is applied. Food stalls on markets are only allowed insofar as considered essential ...
As part of Spilman's and our COVID-19 Task Force's continuing effort to partner with you during this public health emergency, we’ve been monitoring Congress’ work on the Families First Coronavirus Response Act ("Act"). This now has passed both houses and all indications are that it will be effective within weeks. Even in its short history, the bill has seen some significant changes. This is the final form ...
In order to limit the spread of COVID-19 and mitigate its effects, on 12 March 2020, the Government of the Republic of Estonia declared an emergency situation until 1 May 2020 and the Health Board recommends avoiding human contact. In this situation, implementing effective safety measures at the workplace often requires asking additional personal data, including health data from the employees ...
On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of the new coronavirus, (subsequently renamed as COVID-19), “a public health emergency of international concern”. Various unprecedented and draconian measures were imposed by the PRC Government and other governments around the world, namely, a city lockdown, travel restrictions and bans, extension of the Lunar New Year holidays, mandatory quarantine orders, border closures, etc ...
As the COVID-19 pandemic continues to spread across the globe, disrupting lives, communities and businesses, and putting countries under considerable strain, Nestor Nestor Diculescu Kingston Petersen (NNDKP) has set up the COVID-19 –Legal & Tax Resource Center. Thereyou can access valuable knowledge and legal insights with respect to the implications of the coronavirus in various fields in Romania ...
The 30-day state of emergency was proclaimed by the President of Romania, in the context of the COVID – 19 outbreak in Romania. The Decree no. 195/2020 (the “Decree”) instituting such state of emergency is effective as of 16 March 2020 and substantially impacts not only the day-to-day life, but the businesses too ...
The Dubai Multi Commodities Centre (DMCC) Authority has recently issued new company regulations (the Company Regulations 2020). The Company Regulations 2020 came into effect on 2 January 2020 and they repeal and replace the previous DMCC Company Regulations 2003 (DMCC Regulation No. 1 of 2003, as amended by DMCC Regulation No. 1 of 2007, DMCC Regulation No. 1 of 2009 and DMCC Regulation No. 1 of 2013) (the Previous Company Regulations) ...
In the early hours of Saturday, March 14, 2020, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA), which is designed to expand relief in response to the COVID-19 outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers ...
Ohio continues to be a leader in proactive restrictions to stop the spread of COVID-19 and securing the resources necessary to do so. On March 17, 2020, Ohio Governor Mike DeWine and Ohio Department of Health (ODH) Director Amy Acton, MD, MPH announced an ODH Order requiring the cancellation of all non-essential or elective surgeries or procedures that use personal protective equipment (PPE). This Order is effective at 5:00 p.m., Wednesday, March 18, 2020 ...
Our colleagues have discussed the application and interpretation of force majeure clauses in contracts related to COVID-19 disruptions. These clauses are included in a contract by the parties and spell out the circumstances under which performance will be excused during one of the specified circumstances, such as natural disaster, disease, epidemic, or pandemic ...
The coronavirus is making a significant impact to our daily lives in every respect. This includes a growing impact on the global economy and the day-to-day business activities of pharmaceutical and medical device companies. This legal alert summarizes the evolving situation and its implications on the operations of life sciences companies. HHS Declaration of Liability Immunity Issued The U.S ...
The Ohio State Dental Board (“Dental Board”) issued a COVID-19 advisory Monday, March 16, 2020, at the direction and request of Governor Mike DeWine ...
On Friday, March 13, 2020, the Department of Health and Human Services (HHS) announced several waivers of existing Centers for Medicare and Medicaid (CMS) regulations pursuant to Section 1135(b) of the Social Security Act, including the waiver of certain Emergency Medical Treatment and Active Labor Act (EMTALA) obligations and Medicare conditions of participation during the COVID-19 pandemic ...
During the outbreak of the coronavirus (COVID-19), nursing home safety is a top priority, since most of the residents are at a higher risk of getting sick from the virus.[1] To help control and prevent the spread of the virus in nursing homes, the Centers for Medicare & Medicaid Services (CMS) provided additional guidance on March 13, 2020 ...
Below is a summary of key regulatory measures and restrictions introduced by Ukraine in response to a public health challenge caused by COVID-2019. This update speaks only as of its date. As the situation is highly dynamic, we encourage our clients to approach us directly for an up-to-date guidance. Immigration Foreign citizens are temporarily banned from entering Ukraine ...
Royal Decree No. 463/2020 declaring a state of alert in Spain to manage the COVID-19 public health crisis was published on March 14, 2020. Among other measures designed to respond to the outbreak and alleviate its consequences, all court and administrative time limits have been suspended for fifteen natural days (i.e. until March 29, 2020). This period, however, may be extended if necessary ...
The spread of the COVID-19 virus (“Coronavirus”) worldwide has had, in addition to the enormous impact on the health of the population, a notorious effect on the economic life of individuals and companies, and also on the execution of contracts. It affects the internal processes of a company, the production or services on which it depends to subsist, and even makes it difficult to fulfill the obligations assumed with third parties ...
The Estonian, Latvian and Lithuanian governments have indicated their support for the companies in the form of tax relief and liquidity support. As of 17.03.2020, the initial measures in Estonia and Latvia are expected within this week. Companies with business in Lithuania can already benefit from tax relief, with a draft law on liquidity support expected within 48 hours. Due to the exceptional circumstances created by COVID-19, many companies have had to restructure their operations ...
During the first months of this year, the infectious respiratory disease known as COVID-19, caused by one of the viruses that conform the coronavirus family, has been disseminated in different parts of the world. On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 as a pandemic and issued a series of provisional recommendations ...
As the coronavirus disease (COVID-19) continues to spread rapidly throughout the United States—and the world—commercial relationships are being thrown into disarray, resulting in the disruption of supply chains, cancellations of events, and closures of restaurants and other businesses. Several states have declared a state of emergency (including banning large group gatherings and mandating that certain business shutter for the time being) ...
When should we hold our annual shareholders' meeting this year? The shareholders' meeting of a stock corporation must be held each year within eight months as of the end of the financial year. Therefore, if the financial year corresponds to the calendar year, there is time until the end of August. If possible, we would therefore recommend holding the annual shareholders' meeting a bit later this year in order to be better prepared ...
Limited liability companies and stock companies must file for the opening of insolvency proceedings if they are unable to pay their open debts (illiquidity) or over-indebted without a positive prognosis. If such ground to file for insolvency has occurred, managers are obliged to file for insolvency as soon as possible, but at the latest within 60 days. Otherwise they are personally liable - without limitation - for damages caused by a delayed filing for insolvency (i.e ...
