Energiewirtschaft - Öl und Gas

Aktuelle eAlerts

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  20.03.2023

  Europe

  Out with the old, in with the new? Con­side­ra­ti­ons for pa­ten­tees in op­ting out of the Uni­fied Pa­tent Court

  So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent and Unified Patent Court (UPC), set to become operational from 1 June 2023.  In part two, we considered the interesting procedural features of the UPC and how they might influence a patentee’s decision to opt in or out of the regime.In this part three, we discuss some of the practical and strategic considerations that patentees should weigh up when deciding whether to opt out of the...

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  17.03.2023

  EU

  Mer­ger con­trol re­view be­low filing thres­holds – the ECJ Tower­cast judgment adds one mo­re ar­row to the qui­ver

  On 16 March 2023, the ECJ decided that a M&A transaction, which was not subject to ex-ante EU merger control, can be reviewed – from an ex post perspective – as to whether the acquirer (through the acquisition) abused its dominant position within the meaning of Article 102 TFEU (prohibition of the abuse of a dominant position). This allows national competition authorities to apply Art. 102 TFEU to non-notifiable mergers. The judgment therefore provides competition authorities in the EU with a significant additional tool for their scrutiny of transactions, which are not reportable...

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  16.03.2023

  United Kingdom

  UK Spring Bud­get 2023: en­er­gy and heat sec­tor im­pli­ca­ti­ons

  The UK government has made a number of announcements in its Spring Budget.  We have set out below the key measures that will impact the energy and heating sector. The full Spring Budget can be found here.The key announcements of measures in the energy sector are:£20 billion funding for early deployment of Carbon Capture, Usage and Storage (CCUS) projects The UK Government has allocated £20 billion over next two decades towards funding of CCUS (including BECCS) projects. The form that this support will take has not been specified.The Government has restated its support of the preferred...

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  14.03.2023

  England and Wales

  Oil & Gas: Ti­me-bars for re­clai­ming ad­van­ce pay­ments

  In Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 the Commercial Court dismissed an unjust enrichment claim, relating to the sale of gasoline, on the basis that it was time-barred. In reaching this conclusion, the Commercial Court indicated that termination of the underlying contract may not be a necessary ingredient in establishing unjust enrichment. Also, the period relevant to the time-bar for an unjust enrichment claim may begin to run at a date different to termination.FactsOn 15 July 2015, Glencore Energy UK Ltd (‘Glencore’) and Anron Bunkering DMCC (‘Anron’)...

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  10.03.2023

  International

  En­er­gy / Ship­ping – Ef­fect of An­ti-as­si­gn­ment Clau­ses and Trans­fers to In­su­rers

  The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s insurance policy. The decision raises questions on the effect of prohibitions against assignment generally, the concept of involuntary assignments (including assignments by operation of law), and the impact of anti-assignment clauses on a transfer of rights to an insurer.FactsDassault Aviation SA (“Dassault”) and...

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  10.03.2023

  Europe

  Se­cu­ri­ty for costs in en­force­ment pro­cee­dings in Ger­ma­ny – The Ger­man Fe­deral Su­pre­me Court adds ano­ther pie­ce to the puz­zle

  Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the costs upon request of the defendant if certain requirements are met. The provision aims at protecting the defendant from the difficulties related to the recognition and enforcement of a cost decision abroad.While Sec. 110 ZPO is designed for ordinary civil actions, it is recognised that the provision applies to other types of (state court) proceedings if the requirements of an analogous application...

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