Energie - renouvelables et climat

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  •  
    24/05/2024
    United Kingdom

    Oil, gas and commodities: Supreme Court overturns Court of Appeal on force majeure

    On 15 May 2024, the Supreme Court unanimously overturned the Court of Appeal’s decision that a ‘reasonable endeavours’ obligation in a force majeure clause could require a party to accept alternative, or non-contractual, performance.The Supreme Court clarified the law on force majeure clauses by relying on well-established English law principles and found that an obligation to use reasonable endeavours in the context of a force majeure clause would not require a party who wishes to rely on the clause to accept the other party’s offer of non-contractual performance.FactsCMS...
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  •  
    22/05/2024
    Italy

    Digital nomad tax insights

    The new visa for digital nomads might become a particularly interesting option for workers who may benefit from the so called “impatriate” tax regime following their relocation to Italy. The Decree of February 29, 2024, in force since April 5th, has established the entry and residence permit issuance procedures for "digital nomads" and "remote workers".The provisions apply to non-EU citizens who perform highly skilled work using technological tools that allow remote work; more specifically this definition refers to self-employed foreign workers (digital nomads) or foreign employees...
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  •  
    17/05/2024
    United Kingdom

    Built on sand: problems of risk allocation and collaboration in port development contracts

    Introduction The British Ports Association estimated in 2022 that there were £1.7bn of port projects in the pipeline, and investment in port infrastructure topped £1bn in 2021. There is pressure to deliver port upgrades to serve floating offshore wind projects (for which the UK is responsible for a fifth of the global pipeline), in addition to meeting the sector’s decarbonisation and environmental commitments, delivering modern infrastructure to facilitate international trade and growing regional economies. With that backdrop in mind, we consider some of the key contractual...
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  •  
    14/05/2024
    Hongrie

    EU introduces criminal offences and penalties for sanctions violations

    Criminal offencesUnder the Directive, the following conduct constitutes a criminal offence when committed intentionally and in violation of restrictive measures or a national provision implementing restrictive measures:making funds or economic resources available directly or indirectly to, or for the benefit of, a designated person, entity or body;failing to freeze funds or economic resources belonging to or owned, held or controlled by a designated person, entity or body;enabling designated natural persons to enter into, or transit through, the territory of a EU member state;entering into or continuing...
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  •  
    13/05/2024
    Hongrie

    UK's Accession to the 2019 Hague Convention to ensure enforcement of UK court judgments

    In January 2024, the UK acceded to the 2019 Hague Convention, which unequivocally permits the enforcement of UK court judgments, regardless of whether a jurisdiction clause is exclusive/symmetrical.The UK’s accession to the 2019 Hague Convention brings clarity and certainty regarding certain types of jurisdiction clauses and the enforcement of UK court judgments in other countries in the aftermath of the UK’s departure from the EU in 2020.As a reminder, prior to BREXIT on 31 December 2020, the UK through its EU membership was party to the Lugano Convention, which facilitated the enforcement...
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  •  
    09/05/2024
    Scotland

    Facilitating Marine Restoration – How Best to Ensure Success

    Marine restoration activities have been highlighted in the press recently particularly the successful oyster restoration project in the Firth of Forth. So far many restoration projects in Scottish waters are principally small projects led by communities that seek to (re)create a habitat or introduce a previously decimated species. It has been highlighted to the Scottish Government by those looking to initiate larger scale restoration projects that there are two key challenges to a project’s namely: (i) a complicated consenting process which does not specifically cover restoration; and (ii)...
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