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IHC HR e-briefing 126: Two new European Court rulings on age discrimination

The Court of Justice of the European Union (CJEU) has handed down two important judgments on age discrimination this week. The first, on retirement, will be of interest to those employers deciding whether to retain a compulsory retirement age follow...




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IHC HR e-briefing 130 - Annual Limit for Non-European Workers

On 23rd November, the Home Secretary, Theresa May, made the long awaited announcement regarding the limits for workers from outside Europe which will come into effect in April 2011. In July 2010 interim limits were brought into effect to prevent a s...




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Eversheds Sutherland property column: October 2019

Chris Mullings of Eversheds Sutherland discusses the different contractual arrangements for options, pre-emptions and rights of first offer, and considers which might best suit particular circumstances and whether the parties really meant what they ...




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Eversheds Sutherland property column: March 2020

  The Ground Beneath Our Feet The reservations of mines and minerals in a real estate context can be a cause for concern, especially when considering purchasing a property for development. With an eye to an economic opportunity, the registratio...




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Coronavirus - Information for communities of condominium owners and administrators of residential properties - Germany

SARS-CoV-2 ("Corona") The SARS-CoV-2 virus, also referred to as "Corona", has reached Germany with significant effects across all industries. This article aims at answering the specific issues which communities of condominium owners and administrato...




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MEES: requirements for letting residential properties from 1 April 2020

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (“MEES Regulations”) provide that from 1 April 2018, it is unlawful for a Landlord of private rented property to grant a tenancy to a new or existing te...




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Eversheds Sutherland property column: April 2020

  Together in electric dreams The Chancellor’s announcement of a £500 million fund to support the rollout of electric vehicle charging points has caused many landowners to take notice of the potential benefits that this electric rev...




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EBA publishes ambitious workplan for 2020, warning that it cannot be a ‘supervisor of supervisors’ and hinting that further centralisation may be the only way to ensure a ‘truly European approach’ to AML/CTF

As the European Banking Authority publishes a wide-ranging workplan for 2020, Zia Ullah and Ruth Paley explain the EBA’s role and its forthcoming programme, and take a look at the substance of the developments planned for the next twelve month...




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Credit and Financial Institutions take note of new opinion on risks of money laundering in the EU financial sector published by European Supervisors this week

As the three European Supervisory Authorities (ESAs) publish a new joint opinion on money laundering and terrorist financing (ML/TF) risks affecting the EU financial sector, Zia Ullah and Ruth Paley take a look at the key risks, noting ...




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Business rates and empty property from 1 April 2008

A guidance note for clients Empty rates As part of its policy to encourage the use and occupation of empty buildings, the Government has introduced the Rating (Empty Properties) Act 2007 (the 2007 Act). Under the 2007 Act, with effect from 1 April ...




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Consulting tenants of mixed-use properties on service charge expenditure

Helpful analysis of when landlords of mixed–use properties need to consult their tenants before incurring service charge costs. The Landlord and Tenant Act 1985 requires landlords who own residential blocks of flats to consult their tenants b...




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SDLT on high value residential property

High value residential property New Tax Rates The 2012 Budget introduced a new charge to stamp duty land tax (“SD...




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.properties opens its doors

The protection of brands is a key issue for many businesses, particularly for those brands which are consumer facing.   One aspect of brand protection is the protection of brands in domain names. Until recently, the number of generic top l...




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EU Advocate General gives landmark opinion in relation to the VAT treatment of property services to Real Estate Funds (C-595/13)

This week, an Advocate General gave a landmark opinion that the VAT exemption for the management of certain special investment funds can apply to property management, as well as to other fund management services. The opinion represents a completely ...




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The Court of Justice in Eenheid holds that the day to day management of Property Funds is subject to VAT

The Court of Justice of the European Union delivered its judgment in Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X NV cs on 9 December 2015. Full Article



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R v Faltec Europe Ltd - Court of Appeal Guidance

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The Minimum Energy Efficiency Standard (“MEES”) for commercial properties – upcoming changes for landlords and tenants.

On the 15 October 2019 the government published its consultation on the future trajectory of the Minimum Energy Efficiency Standard for commercial properties under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ...




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Delivering climate neutrality- the European Climate Law

On 4 March 2020, the European Commission adopted its eagerly awaited European Climate Law proposal which will enshrine into EU legislation the European Union’s commitment to achieve net zero greenhouse gas emissions by 2050 (the “2050 Ob...




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Combining sector knowledge and technical know-how to deliver largest unsubsidised wind farm in Europe

Eversheds Sutherland advises Glennmont on the sale of a minority stake in 211MW Finnish wind project Eversheds Sutherland has advised Glennmont Partners on its agreed sale of a 15% minority stake in Project Piiparinmäki, a 211.4MW wind farm, to...




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Medical Properties Trust: Oversold And Still Growing




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Six highlights of DAC6 – A new European Union information reporting regime

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Coronavirus - Import duty and VAT on medical supplies, equipment and protective clothing - Europe

In order to help in the fight against COVID-19, the European Commission has adopted a Decision, addressed to the Member States, which allows for tax authorities across Europe to offer import tax reliefs to importers of personal protective equipment ...




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HR e-briefing 397 - EU agrees major changes to European Works Councils

The European Parliament agreed to a new 'recast' version of the European Works Council (EWC) Directive on Monday 15 December and this was confirmed when MEPs voted in favour on Tuesday 16 December. The recast EWC Directive is now expected to be...




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New European Works Council legislation: what will it mean in practice?

The Government has responded to the 2009 European Works Council (EWC) Directive by publishing draft implementing Regulations and stating their intention to finalise them in 2010, but delay implementation until 5 June 20...




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Eversheds' HR e-briefing 508: Significant change for European Works Councils from 5 June 2011

There are over 900 European Works Councils (EWCs) providing for pan-European workplace consultation involving cross-border restructuring, mergers and transfers. While employers with EWCs have differing views on their success and relevance to date, l...




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Avoiding disruption. European guide to strikes and other industrial action

The European guide to strikes and other industrial action has been created by Eversheds Sutherland to provide you with a quickand easy reference when responding to threats of industrial action in 15 European countries. Click here to download the pub...




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Beware of transfer duty on deposits forfeited in property transactions

Buyers of immovable property must think very carefully before paying deposits. If for some reason the sale is cancelled, the purchaser remains liable for transfer duty on the deposit that is forfeited to the seller (in terms of section 5(2)(a) of th...




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Europe Launches Massive Campaign to Fund Coronavirus Vaccine

On Monday, European Commission President Ursula von der Leyen and a number of world leaders are launching a massive fundraising endeavor to raise money for tests, medicines and a vaccine for the coronavirus. Only one major country is missing in the effort.




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The Summer of Liberation: Germans Reflect on the Allies’ Arrival in Europe in 1945

After the Allies defeated Germany and ended World War II in Europe in summer 1945, peace finally prevailed on the Continent. The Germans were beaten, desperate and ashamed, but also ready to get back to normal life following the trauma. By DER SPIEGEL Staff




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Bank Holiday decision sees UK catch up with rest of Europe

Government plans to ensure that workers don't have to take Bank Holidays as part of their annual leave will see the UK start to catch up with its European counterparts in terms of holiday provision. Currently up to two million workers in the UK hav...




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Food Sector to face European cartel enforcement in 2014

The director of cartels in the EU’s antitrust department, Eric Van Ginderachter, stated last week that the food sector in Europe will see increased cartel enforcement activity in 2014 by the European antitrust regulator, the European Commission (“Co...




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European Commission aims to level the playing field between suppliers and large customers by introducing recommendations on unfair trade practices

European Commission aims to level the playing field between suppliers and large customers by introducing recommendations on unfair trade practices The European Commission recently adopted a Communication encouraging EU Member States to look at ways ...




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The Property Sector Transformation Code: Estate agent’s take note

The Property Sector needs to be aware of the Property Sector Transformation Charter Code (“the Property Charter”) as Section 20(1) of the Property Practitioners Bill (“the PPB”) states that: “The Property Sector Transfo...




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Open Consultation – UK Implementation of the European Electronic Communications Code

Precis The Department for Digital, Culture, Media & Sport (“DCMS”) have opened a consultation[1] which seeks stakeholder’s views on the proposed approach to the implementation of the European Electronic Communications Code Dire...




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The European Commission White Paper on Artificial Intelligence published

  Throughout 2019, we saw a growing promulgation of guidance, consultations and new laws across the world. In light of such a regulatory landscape beginning to form, there is growing debate as to whether or not Artificial Intelligence (“A...




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Is a domain name a property right?

The importance of the internet and the role that e-commerce plays in a company’s business have increased significantly over the past few years with many successful companies operating predominantly, some even exclusively, from online platforms...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Food / Retail Sector Update: European Commission President calls for review of supermarkets’ power

On 9 September 2015, in his first State of the Union address, European Commission President Jean-Claude Juncker called for a review of the power wielded over food markets by groups of retailers and the “need to break some retail oligopolies&rd...




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Coronavirus - Block Exemption for the Retail Property Sector – South Africa

The Covid-19 Block Exemption for the Retail Property Sector (the “Regulations”) were published on 24 March 2020 in response to the declaration of the National State of Disaster. The Regulations exempt certain agreements or practices with...




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Speed read: Useful November 2019 guidelines on controller, processor and joint controllership concepts from the European Data Protection Supervisor

Summary On 7 November 2019 the EDPS issued guidance on how to determine who is a controller, processor and joint controller. The EDPS is an independent supervisory authority whose primary objective is to ensure EU institutions and bodies respect the...




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Further Judicial Recognition of Bitcoin as “Property” Following Ransomware Attack

The Court in AA v Persons Unknown [2019] EWHC 3556 (Comm) (17 January 2020) ordered injunctive relief against unknown persons accused of extorting ransom payments in the form of Bitcoin worth $950,000 from an insurance company, following a cyber-att...




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The European Commission’s public consultation on the reform of the Generalised Scheme of Preferences (GSP) Regulation

On 11 March 2020 the European Commission (Commission) launched a public consultation on  possible reforms to the Generalised Scheme of Preference (GSP) Regulation (EU Regulation No. 978/2012 of 25 October 2012) (GSP Regulation). As the GSP Regu...




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A case study in receivership practice: Devon Commercial Property Limited v Robert Adrian Barnett, Robert John Blecher

Key Points • The self-dealing rule does not extend to a sale by a receiver to a party in which the mortgagee has an interest. • Although the duties of a receiver and a mortgagee are similar as to the Property, a receiver, unlike a mortgage...




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Coronavirus – Impact on the medical device industry – Europe

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Coronavirus – Commission issues competition framework for co-ordination of essential scarce products - Europe

Executive summary On 8 April 2020, the European Commission issued a Temporary Framework Communication enabling it to: issue “comfort letters” in respect of specific temporary competitor co-ordination projects; and explain the criteria it...




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UK: European Commission (Re) Approves GB Capacity Market

The European Commission (“EC”) has now completed its in-depth investigation of Britain’s capacity market scheme (“CM scheme”), which was introduced in 2014 following EU state aid approval to help safeguard security of e...




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Stronger Together: EU and Georgia celebrate Europe Day

On 9th May the European Union and its member states mark Europe Day, which commemorates the historic 1950 Schuman declaration. This speech, made in the ruins of World War II, laid out a vision of cooperation between European nations that would lead to the European Union as we know it. Today, with 27 Member States and almost 446 million people, the EU marks the 70th anniversary of this declaration. The theme of 2020 Europe Day is Stronger Together, highlighting the need for solidarity particularly in the face of the Covid-19 crisis. To mark 9 May, Europe Day EU Ambassador to Georgia Carl Hartzell has issued a statement: 'Today, exactly 70 year ago a new vision for Europe was presented, that...




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'Europe Needs a Break': EU Plots to Restart Travel and Tourism Despite COVID

By Gabriela BaczynskaBRUSSELS (Reuters) - EU states should guarantee vouchers for travel cancelled during the coronavirus pandemic and start... ......




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President Erdoğan’s Message on Europe Day

Following is the message President Recep Tayyip Erdoğan issued on Europe Day: 'Today is the 70th anniversary of the Schuman Declaration that gave life to the idea of the European Union (EU). Since the approval of Turkey's candidacy to the EU in 1999, the '9 May Europe Day' is celebrated in Turkey, together with the people of Europe. The ideas behind the Schuman Declaration have provided the resurrection of the Europe from its ashes following a war ruining the whole world. These ideas enabled the countries to come together for peace, security, development and prosperity by...




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'Europe Needs a Break': EU Plots to Restart Travel And Tourism Despite Coronavirus

Germany and other member states...