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.
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.
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.
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.
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?
Invitation for Prequalification for Construction of Sub-Section of the Skopje-Blace Motorway in North Macedonia
The Public Enterprise for State Roads of North Macedonia (“PESR”) published an invitation for prequalification (“Invitation for Prequalification”) for works for the construction of a 10.5 km long sub–section of the TEN-T Route 6 Motorway (“Project”).
Advancing Sustainability and Circular Economy: New European Regulation on Batteries and Waste Batteries
On July 10, 2023, the Council of the European Union (“Council”) officially adopted the Regulation of the European Parliament and of the Council concerning batteries and waste batteries (“Regulation”). This Regulation covers the entire battery life cycle, from production to reuse and recycling, aiming explicitly at safety, sustainability, and enhancing competitiveness.
Hungary Increases Fine Cap to 13% of Yearly Turnover – A Conscious Competition Policy Move or a Fiscal Adjustment for Budgetary Purposes?
Whereas competition law regimes around the globe struggle to find the right enforcement tools in a fast changing world, leading some jurisdictions to introduce revolutionary and highly sophisticated new intervention powers for competition authorities, Hungary is to experiment a simpler approach: an “increase of the hammer’s size”.
EU’s Foreign Subsidies Regulation Starts to Apply
The Foreign Subsidies Regulation (FSR), one of the EU’s latest state aid instruments, entered into force on January 12, 2023. Now, after six months, it starts to apply. This regulation establishes rules to govern foreign subsidies that could distort the EU’s internal market. It empowers the European Commission (“Commission”) to investigate financial contributions provided by non-EU countries to companies operating in the EU. If these contributions are found to be distortive subsidies, the Commission can enforce corrective measures to remedy these effects.
The Court of Justice of the EU: Competition Authorities May Examine Infringement of Personal Data in the Context of Monopoly Position of the Controller
In one of our previous texts (available here) we wrote about the connection between the protection of competition and protection of personal data, namely whether competition authorities may consider infringements of personal data in their investigations.