Recent Articles

•  

  11/09/2024

  Romania

  Romania enacts CfD support scheme with first auction launched

  As part of its EU commitment to promote decarbonisation and the development of low-carbon energy sources with a focus on renewable energy, Romania passed a legislative package containing a two-way Contracts for Difference (CfD) support mechanism, leading to the announcement of the first auction for solar and onshore wind technologies.The Romanian CfD framework is made up of a legislative suite. The key legal provisions of the CfD framework are detailed below:Government Decision 318/2024 (GD 318/2024) on the approval of the general framework for the implementation and operation of the Contracts...

  Read more
•  

  11/09/2024

  Switzerland

  Swiss Federal Criminal Court rules a merger by absorption does not constitute a definitive impediment to a criminal proceeding against the transferring company

  On 19 August 2024, the Appeal Court of the Swiss Federal Criminal Court ruled on the question of whether, in the context of the merger by absorption between two banks, the criminal liability of the transferring company can be attributed to the acquiring company or whether the dissolution of the transferring company without liquidation constitutes a final procedural impediment.In its ruling, the Court recalled that procedural provisions that apply to natural persons are in principle applicable to legal persons, such as the presumption of innocence. No parallel between the death of an individual...

  Read more
•  

  10/09/2024

  Ukraine

  Ukraine adopts regulation on collection and use of human cells and biospecimens for R&D

  On 30 August 2024, Ukraine introduced its first comprehensive regulation governing the collection, storage, and use of human biospecimens for research and development purposes. The regulation, approved under Cabinet of Ministers’ Resolution No. 999, outlines the legal and ethical framework for biobanking activities involving biomedical research, while safeguarding donor rights and data privacy. The regulation is a significant development in supporting Ukraine’s advancement in health sciences and biotechnology.Key Provisions The key provisions of the regulation include the following:Scope:The...

  Read more
•  

  10/09/2024

  Oman

  Corporate Law Updates in Oman: Key Changes for Businesses

  Recent updates to Omani corporate law have introduced significant changes for businesses operating in the country. These updates include a new requirement for companies to authorize and delegate authority for the Ministry of Commerce, Industry, and Investment Promotion (MOCIIP) filings, a mandate for all companies to hire an Omani employee within one year, and new regulations for identifying and recording ultimate beneficial owners (UBOs). These changes have important implications for businesses, and it is essential to be aware of and comply with them.This article provides an overview of the three...

  Read more
•  

  10/09/2024

  International

  CMS Annual Review of English Construction Law Developments: An International Perspective

  We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments. The Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition has a strong focus on exclusion and limitation clauses, with more than half of the...

  Read more
•  

  10/09/2024

  Belgium

  The relationship between intellectual property and AI

  Like many of our clients, the IP lawyers at CMS are struck by the speed at which AI is developing and by the impact that AI will have on the application of the law. In this series of short articles, we will identify several questions that AI poses in the area of intellectual property law, and we will provide pragmatic answers. Our approach is based on our national law (which is Belgian law), but the legal reasoning will apply in many other jurisdictions, given that the areas of law we will cover – copyright law, personality rights, trademark law and design law – are governed by international...

  Read more