Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...
Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...
Abstract: The decentralized issuance of financial instruments is presently problematic under EU law. This situation will change with the entry into force of the Regulation on a pilot regime for market infrastructures based on distributed ledger technology. The Regulation provides for a regulatory sandbox – the pilot regime – that market operators...
Abstract: Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States’ competence in regulating the prices of medicines and the conflicting...
Keywords: standard contractual clauses – Commission Implementing Decision - cross border data flows – personal data processing – data protection – controller and processor’s responsibility.
Standard contractual clauses (SCC) constitute one of the legal bases that under Regulation (EU) 679/2016 allow data...
Abstract: In the last years, the Alien Tort Statute (ATS) has been used as main reference for human rights litigation against corporations in the US. However, subsequent interpretation of the ATS by the US Supreme Court has progressively narrowed its scope of application, so that now it hardly can be considered as a viable legal basis for claims...
Abstract: COVID-19 has prompted unprecedented changes to daily life across the EU and has affected the enjoyment of many of the rights set out in human rights international treaties. While the current debate on the impact of COVID-19 on human rights mainly has focused its attention on the role of States, on the emergency measures they have to adopt...
Abstract: This Insight describes the content of the Proposal for a Directive on the protection of persons reporting on breaches of Union law, approved with amendments by the European Parliament and formally adopted by the Council on 7th October 2019. The Directive, which will now be formally signed and published in the...
Keywords: working time – rest breaks – health and safety – Charter – record-keeping – control.
Do employers need to keep a record of workers’ actual hours worked? The Court of Justice had the opportunity to provide an answer in Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE....
Abstract: Although the outcome of the Brexit remains quite uncertain, this Insight aims at contemplating, from a private international law perspective, what the consequences of Brexit, in the field of Company law, could be. From Incorporation to (possible) freedom of movement, through recognition (and its consequences), the major...