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GLOSSARY
A fixed interest trust (governed by New York law or Scottish law), where the source of the income is the trust itself. See also ‘baker trust’.
PRACTICE NOTES
CASE HUB (appeals lodged at the General Court in Cases T- 404/12 (Toshiba) and T- 409/12 (Mitsubishi)—see Cases T- 404/12 Toshiba v Commission and T- 409/12 Mitsubishi Electric v Commission ) ARCHIVED—this archived case hub reflects the position at the date of the decision of 27 June 2012; it is no longer maintained. Outline European Commission Article 101 TFEU investigation into a price-fixing cartel for gas insulated switchgear (COMP/39.966) Latest developments On 27 June 2012, the Commission re-issued its decision. The Commission recalculated the fines against Mitsubishi and Toshiba: Mitsubishi, solely liable—€74.871m; Toshiba, solely liable—€56.793m; both also jointly liable for €4.65m for infringement by their JV (TM T&D). Parties Mitsubishi and Toshiba. • 11
NEWS
The European Commission has announced the formal commissioning of the gas interconnection between Poland and Lithuania (GIPL), which will improve energy security in the region by connecting the Finnish and Baltic markets with the Polish markets. As a project of common interest (PCI), the GIPL is a key project supported by the EU’s Trans-European Networks for Energy (TEN-E), receiving €266.3m from the EU’s Connecting Europe Facility (CEF). TEN-E is a policy designed to connect EU energy infrastructure through PCIs.
PRACTICE NOTES
Author: James Todd. With thanks to David Cruickshank and Jamie Dunne Introduction and scope The purpose of this Practice Note is to: • introduce the ‘gas peaking’ projects becoming increasingly prevalent in the Great Britain (GB) electricity generation market, and • set out the key subsidy/support regimes that are making such projects attractive to developers and, where appropriately structured, suitable for project financing For more information on key project financing issues relating to gas peaking projects, see Practice Note: Gas peaking projects—key project issues relevant to project financing. This Practice Note considers gas peaking in the GB energy market and does not take account of the distinct position in Northern Ireland. For further practical guidance on the financing of energy, power and resources projects across a number of sectors, including those discussed in this Practice Note, see also textbook: Energy and Resources Financing: A Practical Handbook. What is ‘gas peaking’? In broad terms, peaking technology refers to any form of technology which generates electricity at
PRACTICE NOTES
Types of gas sales agreements (GSAs) Contracts for the sale of gas may take several forms, including: • term agreements—which provide for the sale and purchase of gas for a defined period and are generally classified as either short-term (one to five years) or long-term (often with a 20-year term, but may include much longer-terms) • supply-based contracts—under which the seller commits to deliver specified quantities of gas to the buyer with a degree of flexibility in terms of the source of supply. The degree of flexibility is a negotiated item and a broad right may entitle the seller to source gas worldwide, limited only by compliance with international sanctions to which the buyer is subject, and • depletion-based contracts—which, in contrast is based on an unspecified amount of economically recoverable reserves from a nominated gas field. A true depletion-based contract will remain in place for the life of the field, such that the scope of the agreement is limited by such reserves rather than by time Parties may also implement a hybrid supply contract and
NEWS
Law360: German energy company Uniper said 12 June 2024 that it has been awarded more than €13bn (US$14bn) by an arbitral tribunal seated in Stockholm, which ruled in accordance with Swiss law, after the Russian government-controlled natural gas giant Gazprom cut off gas deliveries in mid-2022.
PRACTICE NOTES
What are biogas and biomethane and how are they produced? Biogas is a mix of methane and carbon dioxide produced by the decomposition of organic material and anaerobic digestion. It is chemically identical to fossil gas because it is derived from the same matter, but it is produced differently—and its production is capable of being more renewable/sustainable than fossil fuel gases. Biomethane is produced by treating and purifying biogas, enabling it to be used as a fuel that can be transported and used in homes. Biomethane can be transported using the same existing infrastructure that is used for fossil gas, ie the gas grid. Uses of biomethane Although this note primarily focusses on gas to grid projects (ie the transportation of biomethane on the natural gas grid) there are other uses for biogas and/or biomethane. Heat Biogas can be combusted to produce heat. The energy produced can then be used to maintain the temperature of the digester and to heat nearby buildings. The excess heat can then be transferred to remote users via a
GLOSSARY
Broad/generic expression describing a nuclear reactor where gas is used as the coolant.
NEWS
IP analysis: The Intellectual Property Enterprise Court held that a concierge service's use of the VANITY FAIR, GQ and GQ MEN OF THE YEAR trade marks to promote access to exclusive events infringed the claimants' rights under section 10(1), 10(2) and 10(3) of the Trade Marks Act 1994 (TMA 1994) (subject to one older GQ registration) and amounted to passing off. The judgment provides important guidance on distinguishing genuinely informational references from transactional use, confirms the breadth of protection afforded to marks with substantial reputations under TMA 1994, s 10(3), and clarifies the circumstances in which company directors may incur personal liability for taking unfair advantage of a brand's reputation. Produced in partnership with Sam Fisher of CMS Cameron McKenna Nabarro Olswang LLP.
GLOSSARY
Specialist advisers who assist institutional investors in their private equity allocation decisions. Institutional investors with little experience of the asset class or those with limited resources often use them to help manage their private equity allocation. Gatekeepers usually offer tailored services according to their clients’ needs, including private equity fund sourcing and due diligence through to complete discretionary mandates.
GLOSSARY
The first point of contact between the PSTN (Public Switched Telephone Network) and the GSM (Global System for Mobile communications) network.
GLOSSARY
When serving a claim form out of the jurisdiction, in many cases, the claimant will need to show that one of the service gateways or grounds for service set out in CPR PD 6B, para 3.1 applies before the court will grant permission to serve a claim form out of the jurisdiction.