By 25 June 2023, the transitional provisions of the Collective Redress Directive should have been applicable throughout the EU. Austria – like several other EU Member States – did not meet this deadline. The following article deals with potential transposition options, for the Collective Redress Directive, by the Austrian legislator.
Commercial Offences – Proceeding, Sanctions and Statute of Limitations
Chapter 1 - A commercial offence – a brief review of an unjustifiably neglected step between a misdemeanour and a criminal offence.
Principles and Provisions of Capital Gains Taxation: A Comparative Analysis of Article 13 in the OECD Model Tax Convention and Tax Treaties – Case Laws and Insights on Turkey's Perspective
This article explores the principles and provisions related to the taxation of capital gains as stated in Article 13 of the OECD Model Tax Convention. It examines the variations in capital gains taxation across countries and discusses the OECD Model Convention as a framework for negotiating bilateral tax treaties.
Nothing is Cast in Concrete – Except for the Free Movement of Capital?
The Court of Justice’s strike on protectionism in favor of ‘strategic companies’ in the Member States.
The Foreign Subsidies Regulation: Application of the regime as at 12 July 2023
The Regulation (EU) 2022/2560 on Foreign Subsidies Distorting the Internal Market (FSR) formally entered into force on 12 January 2023, but the regime did not apply until 12 July 2023. On the same day, the respective Implementing Regulation (EU) 2023/1441 was published in the Official Journal.
CK Telecoms Judgment: Revisiting Errors and Pursuing Clarity
As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefonica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling.
Implementation of the EU Directives on Work-Life Balance and on Transparent and Predictable Working Conditions: Croatia
The EU Directives on Work-life balance and on Transparent and predictable working conditions were introduced into the Croatian national legislation in January 2023 and brought about significant changes and obligations for employers. What do they mean for businesses?
Third Time's the Charm? EU-US Data Privacy Framework Revamped and Reloaded
On 10 July 2023, the European Commission adopted an adequacy decision for a lawful data transfer from the EU to the USA for the third time. This means that personal data may again be lawfully transferred to the US. This will facilitate the use of US service providers for EU companies.
Data Security Concerns of Smart Grids
Smart grids are rapidly becoming the backbone of modern electricity networks. The integration of digital communication and control technologies enables smart grids to optimize electricity generation, distribution, and consumption. However, the increased use of digital technologies and the massive amounts of data generated also raises serious concerns about data security. This article will explore the data security concerns around smart grids.
Digital Banking in Turkiye
According to the December 2022 Digital, Internet and Mobile Banking Statistics published by the Banks Association of Turkiye, the number of customers using active digital banking, mobile banking and internet banking services in Turkiye reached 94 million, with an increase of around 16.5 million in comparison to the previous year.
New Legal Framework for Personal Data Transfer Between the EU and the US – déjà vu?
On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US – the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption.
Theoretical and Practical Aspects Regarding the Cancellation of a Job Position
What does the cancellation of a job position represent and what impact does it have on the employee that occupies such job position?
New Law on Employment of Foreign Workers in Hungary
On 13 June 2023, the Hungarian Parliament adopted a new law regulating the employment of foreign workers. The law introduces the concept of guest workers (third-country nationals from countries outside the EEA and from non-neighbouring countries) and establishes guidelines for their employment in Hungary.
Extended Scope of Legal Professional Privilege
Are you going to argue legal professional privilege? If so, you may be interested in a recent judgment of the Court of Justice of the European Union (the "CJEU"), which significantly expands the scope of legal professional privilege.
A Proceeding Against the Association of Tourist Agencies of Montenegro
On 10 July 2023, the Agency for the Protection of Competition of Montenegro initiated a proceeding against the Association of Tourist Agencies of Montenegro for an alleged breach of the Competition Law.
Significant Decision by the Turkish Constitutional Court regarding the Competition Authority's On-site Investigations
With its decision dated 23.03.2023 and numbered 2019/40991, published in the Official Gazette dated 20.06.2023 and numbered 32227, the Constitutional Court [the “Court”] ruled that the on-site investigation carried out at the workplace within the scope of the investigations conducted by the Competition Board without a judge's decision violated the inviolability of domicile guaranteed under Art. 21 of the Constitution.
Implementation of the EU Directives on Work-Life Balance and on Transparent and Predictable Working Conditions: Hungary
The EU Directives on Work-life balance and on Transparent and predictable working conditions were introduced into the Hungarian national legislation in January 2023 and brought about significant changes and obligations for employers. What do they mean for businesses?
PSD 3 AND PSR: What is New for the PI Authorization Phase?
On 28 June 2023, the European Commission published the proposals for the legislative package on payment services (“Revised Payments Legislative Package”) that will replace the Directive (EU) 2015/2366 on payment services in the internal market (“PSD 2”) and Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions (“EMD”) and merge the legal frameworks applicable to payments and electronic money services.