Latest Posts
Search for:
Category

Europe

Category
In ESG

United Kingdom: Navigating in the eye of the ESG storm

by 11 Mins Read

Jon McLeod of DRD Partnership set out how to deliver combined legal and communications response to contentious ESG challenges. ‘The problem’ In today’s rapidly evolving business landscape, Environmental, Social, and Governance (ESG) considerations have become pivotal for organisations across all sectors. ESG has become an established framework that helps stakeholders understand how an organisation manages core risks and opportunities beyond traditional financial metrics. Under a broad spectrum of factors, businesses are increasingly scrutinised for their…

In Consumer Protection

European Union: The CJEU confirms that a price reduction must be calculated based on the lowest price in the last 30 days

by , and 3 Mins Read

In brief The Court of Justice of the European Union (CJEU) has held that Article 6a(1) and (2) of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (“Directive 98/6”) must be interpreted as meaning that a price reduction of a product announced by a trader in the form of a percentage, or in the form…

In Digital Operational Resilience Act

Luxembourg: Implementation and enforcement of the Digital Operational Resilience Act into Luxembourg law

by and 5 Mins Read

In brief On 2 July 2024, the Luxembourg law (“Law”) implementing the new European framework for the effective and harmonized management of digital risks in the financial sector, namely the Digital Operational Resilience Act (DORA), was published in the Luxembourg official gazette. Like DORA, the Law will apply as of 17 January 2025. The Law designates the Commission de Surveillance du Secteur Financier (CSSF) and the Commissariat aux Assurances (CAA) as the competent Luxembourgish authorities responsible for ensuring that DORA is…

In Security for Costs

Swiss Federal Supreme Court confirms its case law on limited possibility to appeal decisions on security for costs

by , and 6 Mins Read

In its decision of 6 May 2024, the Swiss Federal Supreme Court (SFSC) clarifies the conditions for a claimant to appeal an interim decision ordering it to provide security for the defendant’s costs due to appearing insolvent or having liquidity problems (case No. 4A_93/2024 [in German]; intended for official publication). The SFSC held that, in this case, a claimant must prove that it is unable to pay this security and thus the legal disadvantage of being…

In Corruption

Germany: Illegal lobbying – New criminal offense to combat corruption

by , and 7 Mins Read

In brief In Germany, a new criminal offense of improper lobbying came into force on 18 June 2024[1]. Its impact on the lobbying activities of companies may not be underestimated. Amongst others, the practice of paid lobbying at ministries or other public bodies by mandate holders is now subject to criminal prosecution. It will hence be vital for companies to critically review lecture and consultancy fees for mandate holders as well as remuneration for supervisory…

In Investment Screening

Switzerland: Draft Investment Screening Act

by , and 12 Mins Read

In brief On 15 December 2023, the Federal Council adopted a draft Investment Screening Act (the “D-ISA”). To date, Switzerland has no overarching regulation for the review of foreign investments as prevalent in other countries. The D-ISA intends to introduce sector-specific investment control in Switzerland to prevent takeovers of Swiss companies operating in critical sectors by foreign state-controlled investors (public or private investors that are directly or indirectly controlled by a state) if these takeovers…

In Climate Litigation

Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: European Court of Human Rights identifies shortfalls in Swiss climate mitigation measures and access to justice

by , and 9 Mins Read

The European Court of Human Rights (“ECtHR”) has ruled on a case brought against Switzerland by the Swiss association KlimaSeniorinnen on behalf of its members and four individual women of the association. More than 2,000 members of the association are elderly women (the majority over the age of 70) concerned about the consequences of global warming on their living conditions and health. The ECtHR found that Switzerland has violated Art. 8 of the European Convention on…

In Use of electronic means of communication in civil proceedings

Use of electronic means of communication in cross-border civil proceedings

by and 7 Mins Read

Revision of the Swiss Declaration to the Hague Evidence Convention and the Federal Act on Private International Law: Facilitation of the use of electronic means of communication in cross-border civil proceedings Persons residing in Switzerland who are involved in foreign civil proceedings may soon be able to be examined or heard by telephone or video conference directly by foreign authorities or a person tasked to do so without prior authorization from the Federal Office of…

In Public Policy

The Swiss Federal Supreme Court affirms restrictive interpretation of the Swiss public policy exception by upholding civil claims arising from corruption issues pursuant to Hong Kong Law

by and 5 Mins Read

In its decision of 8 December 2023, the Swiss Federal Supreme Court (“SFSC”) deliberated on the reservation of Swiss public policy (case no. 4A_11/2023 [in French]). Factual background In the case at stake, a Swiss watch manufacturer (the respondent before the Commercial Court of the Cantonal Supreme Court of Berne and defendant before the SFSC) purchased packaging material for watches and jewellery from a supplier domiciled in Hong Kong. The supplier (the claimant before the Commercial Court and…

In Enforcement Certificate

Swiss Federal Supreme Court confirms the presumption of an enforceable performance obligation underlying an enforcement certificate under the Lugano Convention

by and 5 Mins Read

In a decision published on 16 January 2024, the Swiss Federal Supreme Court (“SFSC”) ruled on the enforceability of a foreign judgment in Switzerland  (case no. 4A_547/2022 [in German]). Factual background The judgment in question was issued by the Cour de Cassation of France, i.e., a court of a Lugano Convention (“LC”) member state. With its cassation judgment, the Cour de Cassation set aside the judgment of the lower instance insofar as it had ordered the…

Load More