News & Analysis as of

Member State European Court of Justice (ECJ) European Union

A&O Shearman

Review of below-threshold mergers creates uncertainty

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Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

K&L Gates LLP

Brussels Regulatory Brief: Winter 2023-2024

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Antitrust and Competition - The European Court of Justice Held Rules Set by Sports Governing Bodies Must Comply With EU Competition Law - On 21 December 2023, the European Court of Justice (ECJ) held in a preliminary ruling...more

Morrison & Foerster LLP

The European Economic Security Package

Building on the European Security Strategy of June 2023, the European Commission on January 24, 2024, adopted a package of five initiatives aiming to enhance the EU’s economic security. The package contains a far-reaching...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more

MoFo Employment Law Commentary (ELC)

Collective Redundancies In Europe

One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties,...more

A&O Shearman

Third annual report on EU foreign investment reveals a significant increase in formal screenings

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The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more

McDermott Will & Emery

FDI Screening: When Does National Interest Override Investment?

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A recent decision from the European Court of Justice (ruling C-106/22) has significant impact on EU foreign investment screening mechanisms....more

White & Case LLP

EU Court of Justice clarifies that all exchanges with external counsel are privileged – an important development amidst a dawn...

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The EU Court of Justice ("CJEU") has recently clarified the scope of legal professional privilege ("LPP") under EU law. The CJEU ruled that LPP applies to all communications between EEA-qualified external lawyers and their...more

Conyers

Court of Justice of the European Union’s Decision on Beneficial Owners

Conyers on

In a judgment handed down on 22 November 2022, the European Court, sitting as the Grand Chamber, held an anti-money-laundering directive to be invalid which required Member States under the Charter of Fundamental Rights of...more

Jones Day

European Commission Launches Innovation Fund Call for Proposals to Support Innovative Clean Energy Projects

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On June 25, 2020, the Court of Justice of the European Union ("ECJ") delivered a judgment (C24/19) clarifying that orders and circulars of EU Member States that regulate the installation and operation of wind turbines...more

Jones Day

European Court of Justice Imposes Stringent Environmental Assessment Requirements for Renewable Energy Projects

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On June 25, 2020, the Court of Justice of the European Union ("ECJ") delivered a judgment (C24/19) clarifying that orders and circulars of EU Member States that regulate the installation and operation of wind turbines...more

Fisher Phillips

New Implications of the EU Working Time Directive

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The European Court of Justice recently held that EU member states must require employers to set up an “objective, reliable, and accessible system” to measure each worker’s daily working hours in order to satisfy the Working...more

Sheppard Mullin Richter & Hampton LLP

EU is Taking Action: The Fight for Clean Air

Public awareness regarding air pollution in the European Union is at an all-time high and citizens expect authorities to act. In this vein, the European Commission has recently taken a number of direct and indirect actions,...more

Jones Day

Daily Registration of Employee Working Time in the European Union: Practical Recommendations for Employers

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The Situation: On May 14, 2019, the Grand Chamber of the European Court of Justice ("ECJ") issued a Judgment mandating that EU Member States require employers to register the daily working time of their employees. The...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Morgan Lewis

ECJ: Member States Must Require Employers to Record Workers’ Daily and Weekly Hours

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The European Court of Justice (ECJ) ruled on 14 May in Federacion de Servicios de Comisiones Obreras v Deutsche Bank SAE, which called into question the validity of member states’ implementation of the European Union’s...more

Jones Day

European Court of Justice: Employers Must Implement a Daily Working Hours Registry

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The European Court of Justice ("ECJ") recently ruled that all employers in EU Member States must implement a daily registry of employee working hours. This White Paper chronicles the judicial history that led to this landmark...more

K&L Gates LLP

Do Employers Now Need to Measure Daily Working Hours of All Workers?

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In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (C-55/18), the European Court of Justice (ECJ) decided that, in order to comply with the provisions of the EU Working Time Directive (the Directive)...more

Orrick - Employment Law and Litigation

European Court of Justice: Employers Obligated to Systematically Record Working Time

According to a recent decisions of the European Court of Justice (ECJ) (May 14, 2019 – C-55/18), the Member States of the EU must oblige employers to systematically record the working time of their employees. Only in this way...more

Littler

EU: Court Holds Member States Must Require Employers to Adopt Systems to Record All Employee Working Time

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On May 15, 2019, the European Court of Justice (ECJ) issued a groundbreaking judgment in a court case between a Spanish trade union and the Spanish subsidiary of Deutsche Bank....more

Jones Day

EU's Highest Court Expands Cartel Damages Liability for Corporate Parents and Successors

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The Development: The European Court of Justice ("ECJ") ruled that parent companies and economic successors can be held liable for damages caused by a subsidiary or acquired company in cartel cases. This significantly broadens...more

White & Case LLP

A more restrictive approach to ‘State Resources’? The ECJ annuls the Commission’s decision on the German law on renewable energy...

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On Thursday, 27 March, the European Court of Justice of the European Union (ECJ) annulled the General Court's ruling and the European Commission's decision on the EEG 2012 on the grounds that it was wrong to conclude that the...more

BCLP

Expansion of digital markets and restrictions

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The European Commission has been closely following the developments in e-commerce. As more and more goods and services are sold online, the Commission finds itself inevitably drawn into regulating the competition rules in...more

King & Spalding

European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into...

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In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more

Alston & Bird

Irish High Court Refers Schrems 2.0 to the ECJ

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On April 11, Justice Caroline Costello of the Irish High Court referred the Schrems 2.0 case to the Court of Justice of the European Union (ECJ) with 11 questions for the ECJ to answer. Per Justice Costello, the sole issue in...more

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