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Firm: A&L Goodbody

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Public Consultation on the revised draft Wind Energy Development Guidelines
A&L Goodbody, December 2019

The Minister for Housing, Planning and Local Government, Eoghan Murphy TD, and the Minister for Communications, Climate Action and Environment, Richard Bruton TD, launched a public consultation on proposed revisions to the Wind Energy Development Guidelines (the draft Guidelines) on 12 December 2019. The draft guidelines, when finalised, will affect future planning applications and considerations for future wind energy development proposals...

High Court Blocks Illegal Live Streaming of Premier League Games
A&L Goodbody, September 2019

 For the first time, the Irish High Court has been asked to make a blocking order in regard to the illegal live streaming of Premier League games. Instead of watching Premier League games through legitimate and licensed services, some people were seeking to do so free of charge...

The Climate Action Plan 2019: Agriculture, Forestry and Land Use
A&L Goodbody, July 2019

Currently, 33% of Ireland's Greenhouse Gas emissions are produced as a result of agricultural activities. In order to reduce emissions there must be a change in farming methods; opportunities are also present in the areas of forestry, bioenergy and land-use practices. While reducing emissions, policy in this area must also aim to: Maintain the "green" brand image of Irish food exports abroad ("Origin Green" etc.). Maintain good prices for producers...

People Over Wind and Peter Sweetman v Coillte
A&L Goodbody, January 2019

In case C-323/17 People Over Wind and Peter Sweetman v Coillte, the Court of Justice of the European Union (CJEU) ruled that mitigation measures could not be taken into account at the screening stage of an appropriate assessment. Facts This case focused on proposed works that were necessary to lay a cable connecting a wind farm to the electricity grid and the potential effects that this would have on two special areas of conservation...

Ireland In a No Brexit Deal Scenario - What Measures is The EU Proposing For Financial Services, Air Transport, Road Haulage and Customs?
A&L Goodbody, January 2019

Background The UK invoked the exit procedure under Article 50 of the Treaty on European Union in March 2017. Unless the UK's decision is withdrawn or the period is extended, this will become effective in a little over 80 days...

Why Ireland Deserves Its Place as a Global Leader in the Aviation Sector
A&L Goodbody, November 2018

Ireland is a key global hub for aviation finance and leasing, having almost 50 years' experience in the sector. Recent reports forecast that the Irish aviation sector will see growth of over 20 per cent in aircraft assets from 2016 to 2021. Aviation finance and leasing is a global industry with investment into Ireland mainly coming from the US, Europe and Asia. Ireland’s aviation finance and leasing sector was a 'disruptive' industry in Ireland long before the term was even coined...

Concerns Over Video Game Gambling Continue to Grow
A&L Goodbody, November 2018

The Gambling Policy Division of the Irish Department of Justice has joined 14 other gambling regulators from around the globe in signing an International Declaration expressing concern about gambling in video games. The regulators presented a united front in addressing the "blurring of lines between gambling and other forms of digital entertainment". The increasing presence of gambling in the video gaming world has been raised as a growing concern...

EU Fintech Update: UK Cryptoassets Taskforce Publishes Final Report on Cryptoassets and DLT
A&L Goodbody, November 2018

Earlier this week, the UK Cryptoassets Taskforce published its Final Report on cryptoassets and distributed ledger technology (DLT). The Taskforce – which includes representatives from HM Treasury, the UK Financial Conduct Authority (FCA) and the Bank of England – was established in March 2018 to analyse and assess the risks and potential benefits of cryptoassets and DLT and “set out the path forward with respect to regulation [of these areas] in the UK”...

Modern Slavery Update
A&L Goodbody, November 2018

"Slavery remains a reality in the modern world. Children, men and children are being exploited in our towns, communities and businesses every day. The victims are hidden from view and many people may never know this cruel practice is taking place on their streets and under their noses". Rt Hon Sajid Javid MP, Home Secretary, October 2018...

Increase in Ireland's Betting Tax
A&L Goodbody, October 2018

As part of Budget 2019, the Irish Minister for Finance announced that Irish betting tax will increase from 1% to 2% of turnover. Betting intermediary tax will also increase from 15% to 25%. The tax increases will take effect from 1 January 2019. Parties in support of this increase have suggested that additional revenue generated by this increase should be directed towards gambling addiction services...

Friends of the Irish Environment v An Bord Pleanala
A&L Goodbody, October 2018

The High Court judgment in Friends of the Irish Environment v. An Bord Pleanála (delivered in 2018 by Meenan J) decided that if a Section 5 referral is made by a third party, then the owners and occupiers of the lands must be identified and served with notice of the referral, and given an opportunity to make submissions in accordance with basic fair procedures...

The Shipping Law Review 2018 - Ireland
A&L Goodbody, August 2018

I COMMERCIAL OVERVIEW OF THE SHIPPING INDUSTRY With Ireland having the European Union’s third-largest ocean area, the Irish government plans to double the state’s ocean wealth by 2030 and, in the interim, make Ireland an attractive location for international shipping activities. The changes brought about by Brexit may help to enhance Ireland’s position further in the maritime sphere...

Protection of Geographical Indications of Spirit Drinks Under EU Law
A&L Goodbody, July 2018

The Court of Justice of the European Union (CoJ) handed down an important judgment last week on the protection of geographical indications of spirit drinks in a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union (Scotch Whisky Association (SWA) v Michael Klotz (Case C-44/17)). Facts: Mr Klotz markets a whisky under the designation ‘Glen Buchenbach’, which is produced by a distillery located in Berglen in the Buchenbach valley in Germany...

"False" Self-Employment and the Gig Economy - Where are We Now?
A&L Goodbody, July 2018

The question of 'employment status', continues to concern many employers working within today's 'gig economy'. The UK Supreme Court recently provided guidance on the correct "label" to be bestowed on 'gig economy' workers. Pimlico Plumbers recently lost an appeal in the UK Courts against a finding that one of its plumbers was a "worker" for the purposes of relevant UK employment legislation – not a self-employed independent contractor...

Recent Structural Developments in Aircraft ABS Transactions
A&L Goodbody, July 2018

Since 2013, the demand for aircraft ABS (asset-backed securitisation) transactions has gone from strength to strength. Last year saw a record number (14) of ABS deals close and 2018 is on course to at least match that number. For many aircraft lessors, access to the capital markets is a crucial component of their capital structure...

Employers: Are you GDPR ready?
A&L Goodbody, April 2018

In our GDPR for Employers guide, we look at the key areas where employers will need to implement change and how to manage the impact of these regulations on the business...

Eight Recent Developments in Irish Competition / Antitrust Law
A&L Goodbody, April 2018

Increase in merger and acquisition deals notified in Ireland In recent months there has been 27 merger deals notified to Ireland's Competition and Consumer Protection Commission ("CCPC") which is up 42% from the 19 notifications as of the same date last year.This increase is following a pattern of sustained increases, for example, there had been 72 notifications across the whole of 2017 which was an increase on 2016's total of 67...

Report of the Financial Services Ombudsman 2017 - A Summary
A&L Goodbody, April 2018

The Report of the Financial Services Ombudsman (FSO) was issued earlier this year. As always, it contains interesting insights on trends and outcomes in FSO complaints. Complaints Received The FSO received 4,538 eligible complaints in 2017, broadly similar to the number in 2016. The FSO closed 3867 complaints during 2017 compared to 4,323 in 2016...

Irish Gambling Control Bill 2018
A&L Goodbody, March 2018

Earlier this year members of Fianna Fáil (the main opposition party to the Government) introduced the Gambling Control Bill 2018 as a Private Members' Bill. The Gambling Control Bill 2018 is largely based on the General Scheme for a Gambling Control Bill which was published by the Irish Government in 2013. The General Scheme was essentially an outline of what was to be included in the Bill once drafted...

Brexit: EU Publishes a Draft Withdrawal Agreement
A&L Goodbody, February 2018

Earlier this year the European Commission published a draft Withdrawal Brexit Agreement. It is a draft treaty to embody the key principles from the Joint Report of the Commission and the UK on the first three elements of the Brexit negotiations (i.e., People, Ireland and Money - the "PIM" Phase). The draft Agreement sets out a roadmap for the EU's vision of the withdrawal process.This is a negotiating move by the EU - it is not an agreed draft. It is a move by the EU in the Brexit chess match...

Brexit and Cross-Border Shopping: No Off the Shelf Brexit Solution in Store
A&L Goodbody, January 2018

One of the many unresolved issues relating to Brexit is the issue of cross-border retailing. While there are certainly issues relating to online cross-border shopping (e.g., the imposition of VAT, additional charges for checks as well as delays caused by possible border/customs delays), there are certainly plenty of issues relating to cross-border bricks and mortar retailing as well. The border between Ireland and Northern Ireland ("NI") is a neat case study...

UK Corporate Governance Code Undergoes a Review
A&L Goodbody, December 2017

The UK Corporate Governance Code (the Code) is undergoing a review by the Financial Regulatory Council (FRC) in the UK.  A consultation process was announced by the FRC earlier this year, with a view to making changes to the Code to reflect the changing business environment in the UK...

Interim Legislation to Update Outdated Gambling Laws
A&L Goodbody, December 2017

The Minister of State in the Department of Justice and Equality, Mr. David Stanton, has expressed an intention to bring forward the long awaited Gambling Control Bill (the GCB) by the end of 2017. The Government's Legislation Programme for Autumn 2017 notes that work is underway on the GCB. However, there has been no further information on when the draft of the GCB will be published, which is the next substantive step...

Successfully Doing Business Overseas: The Case for an EU-Wide Sandbox Initiative
A&L Goodbody, November 2017

 Last month, the UK Financial Conduct Authority (FCA) published its "Regulatory Sandbox – Lessons Learned Report". In the Report, the FCA evaluated the progress of the UK financial regulatory sandbox during its first year of operation and tentatively concluded that the initiative has so far been a success...

New Construction (Design and Management) Regulations come into force on 1 August 2016
A&L Goodbody, July 2016

The Construction (Design and Management) Regulations (Northern Ireland) 2016 ("CDM 2016") come into force on 1 August 2016. The legislation includes transitional provisions, so that, where a project has already started by 1 August 2016, the Client must appoint a Principal Designer before 1 August 2017 (unless the project ends before that date). In the meantime, the existing CDM Co-ordinator must comply with the duties of a Principal Designer...

 

 

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