European Legal News

August 22, 2017 - Computer Programmers and the H-1B Visa

The H-1B visa is designed to be for professional, ?specialty? occupations. Specialty occupations require the ?theoretical and practical application of a body of highly specialized knowledge,? and require the attainment of a bachelor?s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the ...

August 21, 2017 - The European Court of Justice has ruled on unfair commercial practices that took place after consumer agreements were entered into

In the European Union member states are required to provide national legislation that prohibits a trader to acts unfairly towards a consumer if he carries out commercial practices that are not in line with the required competence and care requirements. According to the law, each act, omission, behaviour, representation of ...

August 18, 2017 - Alphabet Soup Changes to the Affordable Care Act

With the new Trump administration and Republican control of Congress, there has been a lot of discussion about eliminating the Affordable Care Act and replacing it with a different set of rules. Legislation has passed the House but not the Senate, and it appears that legislative changes are going to ...

August 9, 2017 - Dont just sign a processors agreement, in particular if you are not actually a processor

More and more organisations require suppliers and partners with whom personal data is exchanged to enter into a processor?s agreement. Regularly, signing the processor?s agreement is even (more or less) forced upon them.?Often it is insufficiently considered whether it is actually required that a processor?s agreement is signed. It can ...

August 8, 2017 - Trademark Protection for Medical Practices and Hospitals

University hospitals, hospitals, and medical practitioners in community practices are increasingly concerned with their own placement in the market. If they want to act economically, it is necessary to sell not only the necessary medical care, but also additional offerings, which are often common in wellness treatment centers. Hospitals, medical ...

August 7, 2017 - Works Council Election 2018: Composition of the Election Committee

The election committee is responsible for carrying out a works council election. If the election committee is appointed, to hold an election it needs both material and information regarding the (potential) employees who have the right to vote From March 1, 2018 to May 31, 2018, the regular works council ...

August 5, 2017 - Interventions in the Works Council Elections

The election committee holds the works council election. It has to adhere to the Works Constitution Act and the electoral regulations adopted for this purpose. If the regulations are not complied with, interventions under labor law into the current works council election may be considered. The Works Constitution Act and ...

August 4, 2017 - Workplace 4.0

Whether at home or on the road: new forms of work have emerged through the mobile technology of smartphones, tablets etc. More flexibility can help to reconcile family and work life, save a long journey to work and promote self-determination. This complies especially with the life planning of young high ...

August 3, 2017 - The Urban Area

The new building category “urban area” provides municipalities and architects with more flexibility when planning urban areas. This can create more living space in densely populated cities and help revitalize them as well. With the Act on the Implementation of EU-Directive 2014/52/EU concerning urban planning legislation and the strengthening of ...

August 2, 2017 - Draft Bill for the Revision of the Law on Payment Services

The law makes payment initiation services and account information services subject to regulatory supervision by the Federal Financial Supervisory Authority (BaFin). Furthermore, there will be stricter authentication requirements when making online payments. On February 8, 2017, the federal government adopted a bill to implement the Second Payment Service Directive. It ...

August 1, 2017 - Claiming compensation from your director (under the articles of association) who is residing abroad Know which court to go to

It is well-known that legal proceedings are not constrained by national borders. It is for that reason that within the European Union there are two regulations setting out which court has jurisdiction within the EU in particular cross-border proceedings. In respect of all legal claims brought before 10 January 2015, ...

July 31, 2017 - Sustainable Development in the Swedish Financial Market

In the last couple of years, development of a sustainable society and environment has become increasingly important within the financial market. For example, such development includes avoiding investments in fossil fuels and instead focusing on sustainable alternatives. In 2015 European politics discussed and drew up new goals on the subject, ...

July 28, 2017 - Information Regarding Active and Passive Activity in Swedish Fund Management

The fund market consists of both active and passive managed funds (UCITS and AIFs) available for purchase. Simplified, active management involves an individual manager, co-managers, or a team of managers managing the funds by investing the means of the fund in different financial instruments. A passively managed fund is an ...

July 27, 2017 - Directors disqualification under civil law: mission accomplished

We informed you on several occasions of the directors disqualification under civil law on our Knowledge Page. The legislative proposal and the implications, the submission and its handling in the House of Representatives and the Senate as well as the entry into effect thereof have thus already been discussed comprehensively. ...

July 26, 2017 - Supervision of legal entities

Perhaps without you noticing it, the government has been conducting continuous supervision of all domestic legal entities and foreign legal entities with a principal or branch establishment in the Netherlands since 2011. This was not always the case. The development of the supervision of legal entities and current implementation thereof ...

July 25, 2017 - Federal Government adopts draft law for the implementation of the Second Payment Services Directive (PSD II)

The law makes payment initiation services and account information services subject to regulatory supervision by the Federal Financial Supervisory Authority (BaFin). Furthermore, there will be stricter authentication requirements when making online payments. On February 8, 2017, the federal government adopted a bill to implement the Second Payment Service Directive. It ...

July 24, 2017 - Design Protection in Russia Time for a Portfolio Check

With the accession of Russia to the Hague Agreement Concerning the International Registration of Industrial Designs, protection of designs in Russia will soon be possible with relatively little effort. For companies that are already active in the region or consider entering that market, this provides an attractive opportunity to expand ...

July 21, 2017 - Spain: Publication of the draft Personal Data Protection Law to replace the Personal Data Protection Law 15/1999

The Ministry of Justice has published the draft Personal Data Protection Law to replace Personal Data Protection Law 15/1999 (LOPD, its Spanish acronym) in order to adapt the Spanish regulations to the General Data Protection Regulation 2016/679 (GDPR), passed by the European Union on April 2016. This draft is submitted ...

July 21, 2017 - Large companies must now report comprehensively on social aspects sustainability reporting is mandatory from 2017

Companies with more than 500 employees must report now not just on financial matters. They must now also report on how they respect the rights of their workers, protect the environment and fight corruption. The law on the Implementation of the Corporate Social Responsibility Directive (CSR) came into force on ...

July 20, 2017 - Novelization of the Czech Insolvency Act 2017 (part two)

The article is devoted to most important changes brought by the novelization of the Czech Insolvency Act, i.e. the Act No. 64/2017 Coll., by which the Act No. 182/2008 Coll., the Insolvency Act (?the IA?), is amended, which became effective as of 1st July 2017. In part two we bring ...

July 20, 2017 - Two insurances do not cover water damage recourse pursuant to Book 7, Section 961 of the Dutch Civil Code unsuccessful

Water damage at the Erasmus Medical Centre, which occurred after the 2004 refurbishment, was only covered under buildings insurance and not under CAR insurance because the contract documents did not include a maintenance obligation for the main contractor. What was agreed in the dealings between the main contractor and the ...

July 19, 2017 - Novelization of the Czech Insolvency Act 2017 (part one)

This article is focused on main changes introduced by the last novelization of the Czech Insolvency Act, i.e. the Act No. 64/2017 Coll., by which the Act No. 182/2008 Coll., the Insolvency Act (?the IA?), is amended, which became effective as of 1st July 2017. The aim of this rather ...

July 19, 2017 - Tax-Loss Carryfowards of Corporations. What is new What should be done

The German legislator has opened up new possibilities for corporations to continue to use tax losses in the event of a qualified change of shareholders. The intention is to eliminate obstacles to the capitalization of companies. Background An important downside to the acquisition of shares in a corporation (e.g. a ...

July 18, 2017 - Nine Reasons for the UN Convention on the International Sale of Goods

The reflexive and reckless exclusion of the UN Convention on the International Sale of Goods (CISG) from contracts of sale of goods is often a mistake. Here are nine reasons for the inclusion of the CISG. Almost reflexively choice of law clauses in international supply contracts exclude the CISG. The ...

July 17, 2017 - No rectification if quantities are adopted incorrectly

If a bidder does not take into account that quantities have been amended in the summary of additional information and changes, then the tender submission is invalid. This is an omission that is not open to rectification. For the renovation of the N359, the Province of Friesland held a European ...