Recent Articles

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  02/07/2024

  United Kingdom

  The UK has ratified the Hague 2019 Judgments Convention

  On 27 June 2024, the UK ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “Convention”). The Convention will come into force in the UK on 1 July 2025, filling a lacuna in recognition and enforcement of foreign judgments that arose after Brexit.In addition to the UK, EU member states (except Denmark), Ukraine and Uruguay are also Contracting States to the Convention. It is expected that the Convention will be signed and ratified by other states in the near future. To date, it has been signed, but not...

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  02/07/2024

  Belgium

  Belgium ends merger control in the hospital sector

  Following a long arm wrestling with the Belgian Competition Authority (BCA), the Belgian legislator adopted on 28 March 2024 a law, which finally excludes hospitals from merger control under the Belgian Code of Economic Law. This act comes after a period of turmoil between the BCA and the Belgian legislator on the application of merger control in the hospital sector.Previously, hospitals were not considered undertakings under competition law. However, following the evolution of European jurisprudence, Belgian Competition law became theoretically applicable to mergers and acquisitions in the hospital...

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  02/07/2024

  EU

  The General Court of the EU annuls the Commission decision on restructuring aid to Condor

  FR

  On 8 May 2024, the General Court of the EU annulled the Commission decision of 26 July 2021 approving restructuring aid to German airline Condor following an annulment action lodged by Ryanair. The Commission should have opened a formal procedure because of doubts about the compatibility of the aid. The General Court rejected Ryanair’s argument relating to the impact of the aid on its competitive position.BackgroundOn 26 July 2021, the European Commission authorised restructuring aid in favour of the German airline Condor. Condor provides mainly charter flights via tour operators in Germany....

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  02/07/2024

  United Kingdom

  Ports Infrastructure – what do the election manifestos tell us?

  In April this year, the Labour party pledged to invest up to £1.8bn into port infrastructure if they win the 2024 general election. The planned investment forms part of Labour’s Green Prosperity Plan, with shadow chancellor Rachel Reeves saying ports would be at the centre of Labour’s plans to make Britain a clean energy superpower. But what else do the general election manifestos of the major UK parties tell us about the future for ports infrastructure in the UK?With the exception of Reform UK, all the main UK political parties target a substantial increase in offshore renewable...

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  01/07/2024

  Europe, Colombia

  Offshore Wind in Colombia – First Round gaining traction

  The first offshore wind round is the name given by Government of Colombia (“GoC”) to the first and ongoing international competitive process (the “Competitive Process”) that began on December 4, 2023, and is expected to result in the issuance of Temporary Occupation Permits (“Permits”) in maritime areas North of the Colombian Atlantic coast for the development of offshore wind energy generation projects (the “Projects”). As we will explain in further detail below, holders of the Permits will subsequently have the right to request maritime concessions.If...

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  01/07/2024

  Poland

  Polish Supreme Court confirms admissibility of public compensation in consumer cases

  PL

  On 12 June 2024, the Polish Supreme Court issued a judgment confirming that the Office of Competition and Consumer Protection (UOKiK) can use the public compensation instrument for cases concerning infringements of the collective interests of consumers.Under the Competition and Consumer Protection Act, the UOKiK has the power to impose a financial penalty on an undertaking for violating collective interests of consumers and to order actions to remedy the effects of such a violation. The statutory list of such actions is open ended and includes making a statement of specific content and form, which...

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