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  07/05/2024

  International

  Energy and climate change: The most significant climate change litigation decision yet?

  In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate change by any European court. The decision has the potential to impact individuals, businesses, and governments in a radical way by casting the law (and courts) rather than governments (and parliaments) as the ultimate body responsible for deciding whether public authority action and inaction are appropriate in the context of climate change. Furthermore, if NGOs determine that a public authority...

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  29/04/2024

  International

  On your radar | Key employment issues to be aware of internationally

  We are delighted to share with you our latest and largest edition of On Your Radar, with contributions from 35 countries. As ever, you will find employment law updates covering a diverse range of topical developments, for example:Several countries report changes to their rules on hiring foreign workers – Hungary, Serbia and Romania.Belgium explains that companies with over 50 employees must appoint a person of trust who plays an important role in protecting employees against psychosocial risks in the workplace including sexual harassment. At a time when employers are looking for ways...

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  29/04/2024

  Europe

  Design decision on ‘Sole technical function’ packs a punch – The CJEU breaks down the technical design exclusion in Papierfabriek ruling

  SummaryIn a case which has been recognised as among the most impactful European design cases of the past year, the Court of Justice of the European Union (“CJEU”) has clarified the principles of ‘sole technical function’ invalidity for registered designs (Papierfabriek Doetinchem BV v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.)This case revolves around a Community design registered by Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co (“Sprick”), which Papierfabriek Doetinchem BV (“Papierfabriek”) was alleged to have infringed.Papierfabriek...

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  26/04/2024

  Türkei

  European Court of Human Rights Issues Landmark Climate Ruling with Implications for Türkiye and Beyond

  In a landmark judgment, the European Court of Human Rights (“ECtHR”) recently handed down a judgement on climate-related legal disputes, setting a precedent that has attracted attention beyond the country's borders, including in Türkiye. The case, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Complaint no. 53600/20), underlines the increasing recognition of climate change as a human rights issue and the legal obligations of states to address it.The judgement of the ECtHR is based on a complaint by the association KlimaSeniorinnen Schweiz and others against Switzerland....

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  26/04/2024

  Türkei

  Proposed EU Directive on Harmonisation of Insolvency Law could safeguard Turkish creditors, if adopted

  Insolvency proceedings and avoidance actions play a significant role in safeguarding creditors' interests and maximising the insolvency estate in Türkiye. The European Commission's Proposal for a Directive (COM (2022)702) aims to harmonise contestation rights in insolvency across EU member states. Although Türkiye is not an EU member states, Türkiye has similar avoidance actions regulated under its own insolvency legislation, the Turkish Enforcement and Bankruptcy Law (EBL).OverviewSimilar to the EU’s proposed Directive, the EBL contains provisions for the annulment of transaction...

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  25/04/2024

  Türkei

  Data protection reform in Türkiye: a step towards alignment with EU’s GDPR

  In a major step towards compliance with the EU's General Data Protection Regulation (GDPR), on February 16, 2024, lawmakers in Türkiye submitted a Law to the General Assembly of the Turkish Grand National Assembly (TGNA) as part of the 8th Legislative Package on long-awaited amendments to the Personal Data Protection Law No. 6698 (LPPD). The amendments were approved on March 1, 2024 by TGNA, and the Law was published in the Official Gazette on 12 March 2024 following confirmation by the President of the Republic of Türkiye.The most important changes in the Law, which significantly facilitate...

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