The Corona crisis is not only a huge challenge for health care, but also the consequences for the economy will be enormous. Different sectors (such as the hospitality sector and the transport sector) will not be able to overcome the difficult times we are currently facing without public support ...
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 ...
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 ...
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 ...
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 ...
In the days between 13 March 2020 and 15 March 2020, the government announced a comprehensive package of measures to combat Covid-19 ("Corona virus"), which is to enter into force on 16 March 2020. This in particular includes the ordered closure of shops and restaurants. The following initial overview addresses a number of key issues that arise for tenants and landlords as a result of the current situation ...
We are all facing an unprecedented event in our lives with the rapid spread of the COVID-19 virus. Although we are COVID-19 free, we are implementing precautionary and contingency measures to protect the safety and welfare of everyone at the Firm, and those who are connected to the Firm. Effective 16 March 2020, we have been implementing a work-from-home system ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
Restrictions related to COVID-19 have created immediate impacts for businesses of all sizes. Regardless if your industry has been directly affected by government mandates to work from home or restrict travel, it seems that no company can operate under a "business as usual" mindset over the near future ...
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 ...
Can a company collect data about a (potential) infection with COVID-19? Both, in case of information on a suspected case and in a confirmed case, special categories of personal data are processed. Whether a company may process such health data of employees, customers, suppliers or other third parties is exclusively governed by Art 9 GDPR ...
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 ...
On March 16, 2020, seven Bay Area counties, including San Francisco, Alameda, Contra Costa, San Mateo, Marin, Santa Clara, and Santa Cruz, issued nearly identical orders to Shelter-in-Place (the "Order"), to be effective as of 12:01 a.m. March 17, 2020. The issuance of the Order intended to ensure the maximum number of people self-isolate to slow the spread of COVID-19 ...
I. RISK TO COMPANIES FROM THE IMPACTS OF THE CORONA PANDEMIC The corona pandemic leads to a decline in sales revenues worldwide. Demand is plummeting. At the same time, supply chains in the globally networked economy are no longer reliable. Obligations to pay compensation for the inability to supply are impending, particularly in cases of no-fault supply guarantees. The liquidity and therefore the continued existence of many companies are at risk ...
