Recent Articles

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  03/07/2024

  United Kingdom

  Automated Vehicles Act 2024: A deeper dive into its key implications for the automotive sector

  The Automated Vehicles Act 2024 (the “Act”) received Royal Assent on 20 May 2024. The Act is intended to provide a legal framework for the safe deployment and operation of self-driving vehicles on public roads in Great Britain. It forms part of the UK Government’s 2025 vision for connected and automated mobility known as CAM 2025 and is based on the recommendations of the Law Commission of England and Wales and the Scottish Law Commission following their joint four-year review into the law relating to automated vehicles. The Government hopes the Act will position the UK as a world-leader...

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  03/07/2024

  England and Wales

  Court of Appeal confirms that preventing a condition from being fulfilled will not assist a debtor

  Overview  The Court of Appeal has confirmed that the “Mackay v Dick Principle”, a principle that originates from the speech of Lord Watson in the Scottish case of Mackay v Dick & Stevenson (1881) 6 App Cas 251, forms part of English law. In accordance with this principle, if a party’s obligation to pay a debt is subject to a condition and the debtor wrongfully prevents that condition from being fulfilled, the condition is treated as either dispensed with or fulfilled, with the result that the debt accrues.The opposing view advanced in this case, and the view accepted...

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  03/07/2024

  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

  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

  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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