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  01.06.2023

  Europe

  Sta­te aid: fo­l­lo­wi­ng ap­pea­ls by Rya­nair, the Ge­ne­ral Court of the EU an­nu­ls the Co­m­mi­s­sio­n's de­ci­sio­ns ap­p­ro­vi­ng aid for SAS, Deu­t­s­che Lu­f­tha­n­sa and Ita­lian ai­r­li­nes

  GB FR

  On 11 May 2023, the General Court of the EU cancelled two European Commission decisions authorizing State aid in the form of capital injections for the airlines SAS and Deutsche Lufthansa, in particular because there was no mechanism for increasing the remuneration of the Swedish and German States' shareholdings and because of the modalities of the exit of the State. On 24 May 2023, the General Court of the EU annulled the Commission's decision of 22 December 2020 authorizing a compensation scheme for airlines holding a licence given by the Italian authorities due to a failure to state reasons....

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  01.06.2023

  Europe

  CJEU pro­vi­des cla­ri­ty on da­ta pro­te­c­tion: ju­d­g­me­n­ts on ri­ght to co­m­pe­n­sa­tion and ri­ght to ob­tain a co­py of pe­r­so­nal da­ta

  CJEU judgment on right to compensation for non-material damage under GDPR (Case C-300/21)On 4 May 2023, the CJEU delivered a judgement concerning the right to compensation following an infringement of GDPR (Case C-300/21). It was held that a mere infringement of the GDPR does not confer a right to compensation. Despite this, there is no requirement for the non-material damage suffered due to a breach to reach a certain threshold of seriousness in order to give rise to a right to compensation.Facts of the case:Since 2017, the Austrian postal service (Österreichische Post (OP)) had been collecting...

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  31.05.2023

  Europe

  UPC – the “Lo­ng-arm” ju­ri­s­di­c­tion

  UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC will share jurisdiction for patent infringement and revocation actions during the transitional period (Article 83(1) Unified Patent Court Agreement (“UPCA”).  However, as part of the revision of the Brussels Recast Regulation (Regulation (EU) No 1215/2012, as amended by Regulation (EU) No 542/2014) to accommodate the UPC, new provision Article 71b(2) was introduced which, some...

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  26.05.2023

  International

  Pe­r­fo­r­mi­ng se­r­vi­ces in a de­ce­n­t­ra­li­sed ma­n­ner un­der Mi­CAR

  At the end of April 2023, the European parliament decided on a uniform regulation of crypto assets across the EU by voting on the MiCA regulation (i.e. markets in crypto-assets). The intended innovations are "explosive" for activities related to crypto assets, in particular if they were not yet regulated in Germany where the legislator had provisions already in place, which are similar to those under MiCAR.MiCAR regulates a broad range of crypto-asset services and requests providers to obtain a license from the competent authorities (e.g. BaFin in Germany). It is therefore crucial to identify MiCAR's...

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  25.05.2023

  International

  No­r­th Sea St­ri­kes and Fo­r­ce Ma­jeu­re

  The latest in a series of strikes by oil & gas workers in the North Sea continues to test the operation and efficacy of force majeure (“FM”) provisions in oil and gas industry contracts.There is no single “industry standard” FM clause, and so each contractual FM clause must be carefully considered in its contractual context to determine how it operates.With many North Sea oil and gas industry contracts based on industry model forms, such as LOGIC and OEUK (formerly OGUK), we consider below the impact of the recent (and proposed) North Sea strike actions.  A review...

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  24.05.2023

  International

  De­Fi and Mi­CA: How mu­ch de­ce­n­t­ra­li­sa­tion is enou­gh?

  The European Union Council has recently adopted a regulation on Markets in Crypto-Assets (MiCA) that applies to crypto-assets, their issuers and service providers, and covers a range of services that are not addressed in the European financial regulation.However, for blockchain-based financial services developed in a highly automated manner with minimal or no intermediaries (commonly known as Decentralised Finance or DeFi) determining whether the MiCA regulation covers these services is not a straightforward task. This issue particularly challenges the provision of crypto-asset exchange services...

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