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A&L Goodbody LLP | December 2014

A Ministerial Order (S.I. 541/2014) has been passed commencing Part 3 of the Criminal Justice (Mutual Assistance) Act 2008 (the Act), from last Monday 1 December, 2014.  The Act provides for various forms of mutual legal assistance to foreign law enforcement authorities. Part 3 concerns requests for mutual assistance between Ireland and other Member States of the EU for interception of telecommunications messages for the purposes of criminal investigations ...

ALTIUS/Tiberghien | December 2014

Professionals dealing with secured lending in Belgium have been looking forward for some time to the new Belgian law of 11 July 2013 on security interests over movable goods (“Wet van 11 juli 2013 tot wijziging van het Burgerlijk Wetboek wat de zakelijke zekerheden op roerende goederen betreft en tot opheffing van diverse bepalingen ter zake” / “Loi du 11 juillet 2013 modifiant le Code civil en ce qui concerne les sûretés réelles mobilières et abrogeant diverses dispositions en cette matiè

Plesner | December 2014

It has long been known that Greenland possesses vast amounts of mineral resources. But due to climate changes, resulting in a rapid meltdown of ice caps in the Arctic regions, it is now getting easier to discover and exploit the mineral resources. The costs of exploring and exploiting minerals continue to decrease, and many experts believe that Greenland will become the next frontier within the mining industry ...

Karanovic & Partners | December 2014

Bosnia & Herzegovina enacted a new Law on Public Procurement on 28 November 2014. This new legislation aims to improve current public procurement rules through key changes which will increase the level of transparency in Bosnian procurement and through more precise definitions for groups of suppliers, among other changes ...

Plesner | December 2014

Also men are now allowed to book a room on the "Bella Donna" floor - the design of hotel floors for women only is discriminatory. This was established by the Danish Eastern High Court by judgment of 25 April 2014. In this case, one of the largest hotels in the country had established a floor for women only. This floor had a number of additional amenities not to be found on the other floors, including special toilet ware, flowers, and a particularly efficient hand shower ...

Plesner | December 2014

A summary dismissal of a salaried employee who was seven minutes late for work was justified according to the judgment of 27 May 2014 delivered by the City Court of Glostrup. The case involved an employee appointed as deputy manager in a supermarket who repeatedly showed up late for work - typically only a few minutes. It had been emphasised on various occasions to the employee that he had to show up for work on time - but without result ...

Karanovic & Partners | December 2014

The Parliament of the Republic of Serbia adopted the Law on Employment of Foreigners (the “Law”) on 25 November 2014. The Law will come into force on the eighth day following its publication in the “Official Gazette of the Republic of Serbia”, i.e. on 4 December 2014The Law regulates the employment of foreigners in the Republic of Serbia in a different manner than compared with the currently applicable Law on the Conditions for Employment of Foreign Citizens ...

Plesner | December 2014

The City Court of Aarhus has established that two former employees' updating of their personal LinkedIn profiles while being subject to a non-competition clause was a breach of the clause. The case involved two employees who had given notice of termination in order to take up employment in a competing company ...

Wardynski & Partners | November 2014

Crowdfunding has many faces. Charitable organisations have received support through this route, as have travelers, athletes, scientists and inventors, and the creators of such humble concepts as making potato salad—a project to which the public contributed over USD 55,000. But often crowdfunding is the main source of financing for innovative ideas which in the long run can drive economic development and positive social changes ...

A&L Goodbody LLP | November 2014

Businesses and consumers who suffer loss because of the anti-competitive behaviour of others may sue for damages. Some businesses have mounted major actions to claim damages in various courts to recover losses due to cartels, abuses of dominance and other breaches of competition law. The European Union is trying to encourage such actions so as to deter anti-competitive behaviour but also to facilitate the payment of compensation as a way of restoring the competitive balance to the economy ...

Shoosmiths LLP | November 2014

The Richemont Group, owner of a number of luxury brands including Cartier, Montblanc and IWC, has secured a landmark website blocking order against the five main retail internet service providers (ISPs) in the UK (SKY, BT, EE, Talk Talk, and Virgin). Building upon the website blocking orders available to copyright holders, Richemont applied to the Court for orders requiring the ISPs to prevent subscribers' access to six websites (including www.cartierloveonline.com, and www.ukmontblancoutlet.co ...

PLMJ | November 2014

Decree-Law 128/2014, which was published on 29 August, creates independent regulations for local accommodation (alojamento local) and had been anticipated for some months by the second amendment to the legal rules on tourist establishments ...

This is a question we often find clients asking. For many business founders and entrepreneurs the step of recruiting a senior non customer facing individual represents a huge move. Our advice is almost always to get on; take the plunge and make that investment. Looking at the key objections that are often raised: Why do I need a score keeper? Any finance function has a role to play in reporting the past and in identifying areas for improvement ...

Wardynski & Partners | October 2014

Amendments to the Corporate Income Tax Act which went into effect on 1 January 2014 provide an opportunity to revive the practice of subparticipation in lending in Poland. Regulations governing subparticipation have been in force since 2004. For tax reasons, however, subparticipation has remained much less popular in Poland than assignment of receivables, despite certain other advantages, particularly the greater ease of selling participation in loans backed by mortgages ...

Recent press speculation suggests that Entrepreneurs Relief may be a victim of its own success and could be restricted or even removed. For the individual entrepreneur and for SME Britain more generally such a change would be little short of disastrous.Entrepreneurs Relief has been a key source of oxygen for our anaemic economy over recent years ...

ALTIUS/Tiberghien | October 2014

More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases ...

ALTIUS/Tiberghien | October 2014

More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases ...

Karanovic & Partners | September 2014

According to the recent amendments of the Labour Law (“Official Gazette of RS” no. 75/2014) (the “Law”) payslips are now an enforceable document. The Law has authorised the relevant Minister to further prescribe content to be contained on a payslip, by adopting the Rulebook on Payslip content (“Official Gazette of RS” no. 90/2014) ...

Delphi | September 2014

The starting point for mediation in commercial disputes is that the parties themselves are in the best position to resolve the dispute, instead of entrusting it to an arbitrator or a judge. In this way, the parties retain control over their conflict, thus increasing the opportunities to reach a flexible solution. In this article we will briefly review the alternatives offered by the public courts in Sweden when a dispute already has emerged ...

Shepherd and Wedderburn LLP | September 2014

The Scottish electorate has voted ‘no’ to independence. However, the ‘no’ vote will still result in constitutional change for Scotland, not least because of the pledge by all main UK political parties to devolve further powers to the Scottish Parliament. Additionally, key provisions of the Scotland Act 2012 will come into force over the next two years giving the Scottish government additional powers and a referendum on the UK’s membership of the EU is proposed for 2017 ...

A&L Goodbody LLP | September 2014

The Central Bank of Ireland has today issued its feedback statement on Consultation Paper 85 dealing with loan originating qualifying investor alternative investment funds (QIAIFs).  In the feedback statement the Central Bank has announced that it will allow for the authorisation of QIAIFs that originate loans from 1 October 2014. The Central Bank's AIF Rulebook is being updated to reflect this change ...

DORDA | September 2014

The rise of social media in recent years has had a significant impact on people's private lives and an increasing number of companies are now using social media for business purposes. However, the opportunities and advantages offered by social media platforms also represent its greatest challenges. Companies often forget that such services do not exist in a legal vacuum – the normal legal framework is still applicable ...

It is a long held truth that businesses require more growth finance in times of economic recovery. Given the state of the economy on both a national and local level, now is the time to help Midlands based business owners and entrepreneurs. Recent figures from the British Bankers’ Association show that small businesses experienced a reduction in net lending in the first quarter this year, with repayments of existing debt exceeding new lending by £300 million ...

Shoosmiths LLP | September 2014

Last month a USA court found that a hit song performed and co-written by Shakira was in fact copied from an earlier work. So what happened? Shakira had previously collaborated with Dominican rapper El Cata on the song 'Loca'. The song, which sold over 5,000,000 copies worldwide, also featured on her album 'The Sun Comes Out' ...

ALTIUS/Tiberghien | September 2014

In Belgium, although a sportsman is deemed to accept the normal risks linked to the exercise of his sport, he can claim damages for injuries inflicted on him by another player, to the extent that the perpetrator failed to meet the standard of general due diligence.1 The action of the player causing the injury is measured against the behaviour that would have been displayed by another reasonable sportsman placed under the same conditions ...

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