Legislative Developments In July 2009, new rules came into force in Italy concerning class actions brought by consumers and final users who are the victims of unfair trade practices or anti-competitive conduct. Under the new rules, collective damages actions may be brought either by individual class members or by associations empowered by them or committees of which they are members for claims based on breaches of competition law ...
Dear Sirs, On March 11, 2010 the President of the Russian Federation Dmitry Medvedev introduced in the State Duma the draft of Federal law No. 341071-5 “On alternative dispute resolution procedure by way of mediation (a mediation process)” ( “the Draft law”). It is to be applicable from January 1, 2011. View More
One of the main talking points in the energy sector in recent months has been concerned with 'getting smart metering right'. But what is it about smart metering that businesses in particular have to 'get right'? To start, smart metering is not new – a number of countries have already been using it for different purposes. For example, in Italy, one of the motivating factors was to improve customer payment for energy ...
Recent developments in health and safety law will affect all those involved in offshore renewables projects, which are very much in focus following the Crown Estate’s announcement of Round 3 awards in early January. However, the new rules do bring clarity and consistency for those working in the sector and bring offshore health and safety regulation in line with onshore projects ...
To support the mining business the Minister of Energy and Mineral Resources issued Regulation No.28 of 2009 regarding Mineral and Coal Mining Services Business (“GR No.28/2009”) on 30 September 2009. This regulation facilitates the implementation of Article 127 of Law No.4 of 2009 regarding Mineral and Coal Mining (“Mineral and Coal Mining Law”). The regulation repeals and replaces, certain previous ministerial decrees.Under Article 3 of GR No ...
Last November 6, the government of Québec held an important working session that brought together various northern partners for the purpose of ensuring the sustainable and socially responsible development of the vast territory covered by the Plan Nord.Back in the fall of 2008, the Québec government announced the introduction of this Plan Nord for the economic development of the territory of northern Québec ...
On October 18, 2009 the basic provisions of the Federal Law No. 205-FZ dated July 19, 2009 “On amending of several legislative acts of the Russian Federation” (hereinafter – “the Law”) which provide for essential amendments to the Arbitrazh Procedural Code of the Russian Federation come into force ...
The Quebec Court of Appeal has issued an important decision concerning the application of zoning by-laws to aeronautical activities. In Lacombe et al. v. Sacré-Coeur (Municipalité de), the Court was called upon to rule on a sensitive issue respecting the division of jurisdiction between the federal and provincial governments. More precisely, the Court had to decide whether a municipality could govern the location of aerodromes by determining the zones in which they can be located ...
The House of Lords has made it easier for claimants to show that they are "disabled" and thus protected under the Disability Discrimination Act 1995 ("DDA"). Employees are only protected under the DDA if they can show that they are "disabled". This word has a specific legal meaning: "a person has a disability .. ...
A recent Court of Appeal case has cast doubt on the value of such 'non-waiver' clauses. When a party to a contract waives a breach of that contract by the other party, it voluntarily abandons its legal rights to enforce the contract, or to claim any remedy, in relation to that breach. A waiver must be clear, but may be oral or written. Importantly, a waiver need not be express, but can be inferred from a course of conduct ...
The Information Commissioner's Office (ICO) has launched the new Privacy Notices Code of Practice. It is the most recent step in the ICO's continuing battle to ensure consumers are kept informed about how and why their personal data will be processed. Months of ICO research has revealed that over half of consumers do not understand what they are signing up to when they fill in online and paper forms ...
The Bill requires online retailers to take 'all reasonable steps' to avoid selling age-restricted products to those underage. It also requires annual advice from government to retailers setting out what constitutes 'all reasonable steps' ...
Customs has changed, with immediate effect, the way in which they deal with goods suspected of infringing brand owners' intellectual property rights. The changes are bad news for brand owners who now have to initiate court proceedings each and every time they wish Customs to seize a consignment of infringing goods ...
The Australian Competition and Consumer Commission (ACCC) has recently issued proceedings against a franchisor and its director for allegedly engaging in misleading and deceptive conduct, in breach of section 52 of the Trade Practices Act (TPA). Various breaches of the Franchising Code of Conduct (Code) have also been alleged ...
The European Court of Justice (ECJ) has ruled that luxury brand owners can use their trade mark rights to prevent licensees selling goods to discount stores in breach of licence. Facts In 2000, Dior entered into a trade mark licence with Societe Industrielle Lingerie (SIL) for the manufacture and distribution of corseted clothing bearing the 'Christian Dior' trade mark ...
1- What is the structure of the civil court system? The Portuguese judicial system is complex and the competence of each type of court is defined considering the nature of the dispute to be settled. The main division established is between judicial jurisdiction and administrative and tax jurisdiction. The territory is divided for judicial purposes and normally each municipality has its own judicial court with generic competence ...
1. The court system What is the structure of the civil court system? In Italy there are three levels of courts: first-instance courts (justices of the peace and tribunals); second-instance courts (courts of appeal for judgments rendered by tribunals, and tribunals for judgments rendered by justices of the peace); and the Court of Cassation (Supreme Court) ...
The Advocate General of the European Court of Justice (ECJ) expressed her opinion in respect of a reference for a preliminary ruling from a German court. The main proceedings before the German court concern a German distance retailer who tried to charge the customer of a second-hand laptop for the eight months of use she had ...
With the Baltic States a hotbed of energy related activity and practice areas such as M&A decidedly lukewarm, law firms in the region could be forgiven for hoping that several high-profile ventures in the sector would brighten up an otherwise gloomy 2009. But the highly political nature of the energy market means that lawyers are watching frustrated from the sidelines as large scale projects consistently fail to get off the ground ...
The New Mining Law After almost four years of discussions, the Bill on Minerals and Coal Mining was finally passed by the House of Representatives on 16 December 2008 and signed by the President on 12 January 2009 as Law No. 4 of 2009. The enactment of the New Mining Law brings mining under a new licensing regime whereas for the last 40 years, foreign investors have had to sign a Contract of Work to engage in mining ...
Leif Ramberg in team advising the West Sweden Chamber of Commerce on comments on proposal from the Environmental Procedure Committee Summary The Environmental Procedure Committee has been instructed, by supplementary directive, to review the legal rules which apply to the expansion of wind power ...
Mind Your Belgian Distributor! FAQ on the Belgian Law of 27 July 1961 on the Unilateral Termination of Exclusive Distribution Agreements of Indefinite Duration. Belgium is one of the very few countries in the world with a specific legal regime for the termination of certain distribution agreements, in addition to a law on agency contracts ...
Consumers currently spend €24bn every year in cross-border transactions, but this is only a fraction of the potential market.Many individuals are dissuaded from spending more by doubts over issues such as delivery timescales and after-sales service.EU forecasters expect online revenues within Member States to grow by 230% in the next five years, but only if the way is smoothed by the adoption of a new Consumer Rights Directive ...
But which practical actions could add up to substantial cost savings in the current climate and for the future?: try to capitalise on potential rent savings in volatile markets look to release funds from the portfolio - sweat the assets make sure that service charges are kept in check act quickly on sub-tenant default These are the key messages:
The Supreme Court of Canada ended a lengthy legal saga on November 20th, 2008 when it ordered St.Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages. The Supreme Court's decision was expected and will have a major impact. Indeed, this decision imposes a burden that will be almost impossible for businesses to meet ...
