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Aktuelle eAlerts

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  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­cord num­ber of deals last ye­ar de­s­pi­te chal­len­ging eco­no­mic back­drop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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  22.03.2023

  Kroatien

  Working for a UK em­ploy­er: Croa­ti­an workers fa­c­ing a dif­fi­cult de­ci­si­on: a hig­her sala­ry now or a pen­si­on to­mor­row?

  Brexit has resulted in significant changes to contribution requirements, registration, and payment obligations for Croatian citizens employed by UK-based employers. The regulation on the coordination of social security systems applies to employment with EU member countries, the European Economic Area, and Switzerland. Croatian legislation applies to workers living in Croatia and employed by UK-based employers, and such individuals are required to make contributions to pension and health insurance in Croatia while being entitled to receive benefits from the Croatian pension and health systems. The...

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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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  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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  09.03.2023

  International

  CMS Ex­pert Gui­de to ESG Com­pen­sa­ti­on

  Incorporating ESG KPIs into directors’ remunerationThe urgent need to place sustainability at the heart of company strategy is inextricably linked to incentives provided to its directors and employees. This Expert Guide aims to provide practical insights into key market practices and trends aimed at incorporating sustainability and/or Environmental, Social and Governance (“ESG”) KPIs into directors’ remuneration.The regulations and recommendations on ESG-related remuneration vary considerably from sector to sector and from country to country. The trend is, however,...

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