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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end of the EU transition period, the UK is no longer part of the European Investigation Order (EIO) procedure. In its place, mutual legal assistance requests from EU Member States are based on the Council of Europe’s 1959 European Convention on Mutual Assistance in Criminal Matters and its additional protocols as supplemented by the EU-UK Trade and Cooperation Agreement (TCA). Any EIOs received before the end of IP completion day (11 pm 31 December 2020) are treated and progressed as an EIO and the procedure and process relating to EIOs remains in force for these transitional EIOs. EIOs received after IP completion day are treated as a request under the 1959 convention. See Practice Note: Mutual legal assistance (MLA). This Practice Note is retained to assist those dealing with EIOs issued prior to IP completion day. It explains the background to the introduction of EIO in the EU. It covers the definition and purpose of EIOs as well as
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not being maintained. Following the end of the EU transition period, the UK is no longer part of the European Investigation Order (EIO) procedure. In its place, mutual legal assistance requests from EU Member States are based on the Council of Europe’s 1959 European Convention on Mutual Assistance in Criminal Matters and its additional protocols as supplemented by the EU-UK Trade and Cooperation Agreement (TCA). Any EIOs received before the end of IP completion day (11 pm 31 December 2020) are treated and progressed as an EIO and the procedure and process relating to EIOs remains in force for these transitional EIOs . EIOs received after IP completion day are treated as a request under the 1959 convention. See Practice Note: Mutual legal assistance (MLA). This Practice Note is retained to assist those dealing with EIOs issued prior to IP completion day. It explains the conditions under which European Investigation Orders (EIOs) are made, time limits which apply to these instruments and the process of issuing and executing
NEWS
PI & Clinical Negligence analysis: The Court of Appeal held that Article 3(1) of Directive 2009/104/EC was capable of direct effect and could confer enforceable rights on workers against an emanation of the state in relation to defective work equipment. The court also clarified that, following Farrell v Whitty (No 2), the criteria for identifying an emanation of the state are alternative rather than cumulative, correcting the approach adopted below. Although the case was remitted for reconsideration of whether Student Loans Company Ltd satisfied that test, the decision is significant for pre-Brexit claims, as it confirms that employees may, in appropriate circumstances, rely directly on EU-derived rights where domestic statutory causes of action have been removed. It also provides important guidance on the continued treatment of retained pre-Brexit EU rights in legacy litigation. Produced in partnership with Jasmine Murphy, barrister of Gatehouse Chambers.
CHECKLISTS
ARCHIVED: This timeline has been archived. For developments from January 2024 onwards, see: EU EMIR—timeline if they relate to EU EMIR, or UK EMIR—timeline if they relate to UK EMIR. For further guidance on EU EMIR, see Practice Note: EU EMIR—essentials. For further guidance on UK EMIR, see Practice Note: UK EMIR—essentials. Date Source Document Description 20 December 2023 ESAs ESAs propose extending the EMIR equity option exemptionESAs Final Report on bilateral margining of equity options The three European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority—ESAs) have published joint draft regulatory technical standards (RTS) under the European Market Infrastructure Regulation (EMIR), which aim to provide clarity to market participants on how to handle equity options as from 4 January 2024, the date on which the current temporary exemption is set to expire. The ESAs are proposing a two-year extension to the equity option exemption from bilateral margining. The ESAs have also published a related opinion on the application of the provisions relating
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the progress of the European Commission’s proposal for a Regulation establishing a common framework for media services in the internal market, also called the European Media Freedom Act (EMFA), through the ordinary legislative procedure. Background In 2020, in the European Democracy Action Plan, the European Commission highlighted the need to strengthen media freedom and media pluralism. In 2021, in her State of the Union speech, the President of the European Commission, Ursula von der Leyen announced an initiative to protect the independence of media in the EU. This initiative has been included in the Commission’s 2022 Work Programme. On 10 January 2022, the Commission opened a public consultation on this initiative. On 16 September 2022, it published a proposal for a Regulation establishing a common framework for media services in the internal market, also called the European Media Freedom Act (EMFA) which aims to protect and encourage media independence and pluralism in the EU through a common framework.
NEWS
The European Medicines Agency has published its annual report for 2023 on the contribution to science, medicines and health. The report details the Agency’s core work to promote public health within the European Union, and highlights future structures, processes, and new technologies built throughout the COVID-19 pandemic aiming to assist implement the upcoming revision of the EU’s pharmaceutical legislation.
NEWS
Life Sciences analysis: Danny Tobey, Marco de Morpurgo, partners, Keo Shaw, of counsel, and Coran Darling, law clerk at DLA Piper, discuss the European Medicines Agency’s (EMA) and the Heads of Medicines Agencies’ (HMA) Multi-Annual Artificial Intelligence (AI) Workplan 2023–2028.
NEWS
The European Ombudsman has found that the European Commission committed maladministration due to procedural shortcomings in preparing legislative proposals it considered urgent. The inquiries, concerning corporate sustainability due diligence (Omnibus I), the Common Agricultural Policy (CAP), and countering migrant smuggling, found the Commission failed to fully apply its Better Regulation rules, including not justifying urgency to the public, not documenting derogations, reducing internal consultation time, publishing supporting evidence late, and lacking clear internal records of climate consistency assessments. And the ombudsman has made recommendations.
PRACTICE NOTES
The below tracks and summarises completed inquiries carried out by the European Ombudsman involving DG Competition and competition law issues since 2014. 2025 Case Type of complaint Issues Relevant Commission investigation or decision Developments Case 1880/2025/MAS Access to documents The case concerned a request for public access to a report containing an assessment of the ‘Do No Significant Harm’ principle of a project that was subject to a State aid investigation Case SA.101151 30/09/2025—the Ombudsman found no maladministration and closed the caseDecision Case 275/2024/NH Access to documents The case concerned a request for public access to documents related to a State aid investigation into railway services in Portugal Unknown 20/01/2025—the Ombudsman concluded that no further inquiries were justified into this complaint and closed the caseDecision Case 275/2024/NH Access to documents The case concerned a request for public access to documents related to a State aid investigation into railway services in Portugal Unknown 20/01/2025—the Ombudsman closed the inquiry, criticising the Commission’s delay in handling the complainant’s access requestDecision 2024 Case Type of complaint Issues Relevant
NEWS
The European Ombudswoman has formally requested that the European Commission provide detailed explanations as to why a series of procedural steps were either not carried out or curtailed in the preparation of the omnibus sustainability package of legislative proposals. The package, as published in February 2025, is predominantly comprised of major amendments to the Corporate Sustainability Reporting Directive (Directive (EU) 2022/2464) and the Corporate Sustainability Due Diligence Directive (Directive (EU) 2024/1760).
PRACTICE NOTES
This Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses: • the key features of PIK facilities, including a typical transaction structure • key terminology • the risk and yield involved in PIK facilities • why PIK facilities may be attractive to the sponsor, and • main documentary protections for PIK finance parties Key features of a PIK facility What is a PIK facility? A ‘PIK’ loan facility generally refers to a loan where all of the interest is capitalised throughout the life of the facility. In Europe, this type of debt is most commonly seen in the financial sponsor-backed leveraged finance market, as a facility lent to a sponsor’s portfolio business. PIK facilities—transaction structure The PIK loan will usually be lent to a PIK Holdco within the Sponsor’s portfolio group. PIK Holdco will usually be the immediate holding company of the Parent company. The Parent company is the top company within the part
NEWS
The European Parliament Agriculture Committee has adopted a report on 5 November 2025 clarifying EU wine sector rules through amendments to three regulations. The package introduces new labelling standards allowing 'alcohol-free' designation for wines under 0.05% alcohol content, increases crisis management funding ceilings from 20% to 30% and empowers the European Commission to take immediate market intervention measures including import adjustments and temporary production reductions. The legislation also extends planting authorisation periods during force majeure events and permits member states to restrict replanting in protected designation areas. Trilogue negotiations with the Council are expected to begin on 4 December 2025.