Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more
On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more
In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more
In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more
The Court of Justice of the European Union (“CJEU”) recently addressed requests for preliminary rulings on the interpretation of various EU regulations and directives concerning online intermediation services1 (“Online...more
In a ruling dated 27 March 2024 (no. 22-21.200), the French Supreme Court (‘Cour de Cassation’) - citing European case law - held that a payment service provider can only be held liable for an unauthorised or incorrectly...more
Antitrust and Competition - European Commission Approves Consolidation in the Ground Transportation Sector Subject to Remedies - The companies are two global suppliers of signalling systems for mainline and urban railway...more
EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more
On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more
The road to the adoption of a lasting framework for EU-U.S data transfers has been anything but smooth. Much like its predecessor, Safe Harbor, the EU-U.S Privacy Shield met its end in 2020 when the Court of Justice of the...more
The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more
The Court of Justice of the European Union (CJEU) ruled out automatic damages awards for civil litigants establishing infringements of the General Data Protection Regulation (GDPR). At the same time, the CJEU suggested that...more
A year on from the national implementation deadline of the Directive on copyright in the Digital Single Market, the CJEU has upheld controversial Article 17. In September 2016, the European Commission announced its...more
A recent decision of the German Federal Labor Court (Bundesarbeitsgericht) shows yet again that the issue of working time remains highly fraught for German employers. Following a 2019 ruling of the European Court of...more
The court explains how the controversial EU law operates to bar EU persons from complying with US sanctions on Iran and Cuba. On 21 December 2021, the Court of Justice of the European Union (CJEU) released its long-awaited...more
Will the UK join the Lugano Convention 2007? Conflicting reports have emerged in recent days as to whether the EU will approve the UK’s application to join the Lugano Convention 2007, the UK’s preferred regime for...more
This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK - Under UK and European laws, the rights of copyright...more
Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by...more
The Situation: On October 6, 2020, the Court of Justice of the European Union ("CJEU") held that the national security laws of the United Kingdom, France, and Belgium, which each require that providers of electronic...more
United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more
The European Commission has referred Austria, Belgium and the Netherlands to the Court of Justice of the European Union for failing to fully implement the fourth Anti-Money Laundering Directive (4AMLD) into national law....more
Following the Conservative Party’s victory in the UK’s general election in December 2019, the immediate priority for both the UK and the EU27 in relation to Brexit is now the approval, ratification and implementation of the...more
In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48...more
Our December 2019 update outlines the key UK employment law developments over the last month. It includes cases on covert surveillance, sexual orientation discrimination when there is no identifiable victim, harassment under...more
Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more