Pays-Bas

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eAlerts Récentes

  •  
    19/07/2024
    EU

    Commission Delegated Regulation on sustainability disclosures for STS securitisations enters into force

    IntroductionThe Commission Delegated Regulation, supplementing Regulation (EU) 2017/2402 (the “Securitisation Regulation”[1]), entered into force on 8 July 2024 (the “Commission Delegated Regulation” [2]). It provides for regulatory technical standards (“RTS”) on the content, methodologies and presentation of information related to the principal adverse impacts of the assets financed by the underlying exposures on sustainability factors for (a) simple, transparent and standardised (“STS”) non-ABCP traditional securitisation, and for (b) STS on-balance-sheet...
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  •  
    19/07/2024
    Europe

    A healthy balance between novelty and sufficiency for a claimed therapeutic use in view of a clinical trial disclosure in healthy volunteers (T 209/22)

    The question of novelty and sufficiency of second medical use claims in light of clinical trial prior art has been addressed by the EPO Boards of Appeal on a number of occasions. In recent decision T 209/22, the Appeal Board considers the impact of a disclosure relating to a clinical trial in healthy volunteers. The Appeal Board also comments on the different standards that apply for novelty and sufficiency of disclosure. The decision highlights that an attack based on novelty-sufficiency squeeze may not always be effective.BackgroundThe present decision relates to European patent 2506844 which...
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  •  
    17/07/2024
    Pays-Bas

    Netherlands Media Authority fines a social media influencer for the first time

    On 18 June 2024, the Dutch Media Authority imposed its first fine on an influencer/video uploader for breaches of the Dutch Media Act's advertising rules. Rules for influencersSince 1 July 2022, certain video uploaders must register with the Dutch Media Authority and comply with the rules in the Media Act. Dutch influencers with more than 500,000 followers who upload videos on major video platforms must register online with the Authority and abide by the Media Act’s rules, which were created to provide more clarity to viewers regarding uploaded videos and to protect viewers from harmful...
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  •  
    15/07/2024
    Pays-Bas

    Dutch Supreme Court clarifies legal status and implications of mediation clauses

    In a judgment of 12 July 2024, the Supreme Court of the Netherlands (Hoge Raad) clarified the legal status and implications of mediation clauses in commercial contracts. The ruling confirms that such clauses are either non-binding or obligatory, depending on the wording and the parties' reasonable expectations. The court also emphasised that mediation clauses should not unreasonably impair a party’s access to the courts or arbitration, as protected by Article 6 of the European Convention on Human Rights (ECHR).The case involved a dispute between two companies in the occupational health and...
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  •  
    15/07/2024
    International

    CMS European Private Equity Study 2024

    We are pleased to share with you the 2024 edition of the CMS European Private Equity Study, a comprehensive analysis of hundreds of private equity deals CMS advised on across Europe in 2023 and previous years.Here are a few of the key findings:Deal activity remained stable despite economic challenges.New investments accounted for 69% of PE deals analysed; 50% were add-on acquisitions.TMT led sector activity at 24%, followed by Life Sciences and Consumer Products at 15% each.Earn-out provisions declined but stayed above pre-pandemic levels.ESG due diligence was conducted in 47% of PE deals.Arbitration...
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  •  
    12/07/2024
    International

    Energy and climate change: The most significant (marine) climate change decision yet?

    Continuing the theme of a number of recent court judgment regarding state and party obligations concerning climate change issues, the International Tribunal for the Law of the Sea (“ITLOS”) has recently delivered its advisory opinion (the “Opinion”) regarding State obligations under the United Nations Convention on the Law of the Sea (“UNCLOS”) in relation to the prevention, reduction and control of pollution of the marine environment that result or are likely to result from climate change.The Opinion arrived only a few weeks following the ECtHR’s milestone...
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