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PRACTICE NOTES
NOTE—to see whether notification thresholds in Greece and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Greek merger control regime and are there any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Greece? The Greek merger control regime is regulated by virtue of the provisions of the Protection of Free Competition Act (Law 3959/2011), the relevant decisions of the Hellenic Competition Commission (HCC), as well as the applicable EU merger control instruments, ie the EU Merger Regulation and the European Commission’s Consolidated Jurisdictional Notice thereof. The statutory framework is almost identical to the EU and all HCC decisions are usually aligned with EU case-law and practices. Law 3959/2011 was amended in January 2022 (Law 4886/2022), with the introduction of a wide range of changes to the full spectrum of the competition law legal framework in Greece, including certain important amendments to the rules on merger control. Most notably, the amendment has introduced the possibility for the HCC to impose remedies
NEWS
Greek City Times has reported on the creation of the first Greek Women in International Arbitration Group (GreekWIAG). The GreekWIAG was founded by the six prominent international arbitration practitioners, Katia Yannaca-Small, Marily Paralika, Athina Fouchard Papaefstratiou, Christina Hioureas, Stella Leptourgou and Dr. Anna Mantakou in 2023. The group aims to provide a forum for experienced, new and aspiring practitioners in the field to connect and offers mentoring and training through thematic events, lectures and social gatherings.
PRACTICE NOTES
CASE HUB See further, timeline Case facts Outline European Commission (Commission) Article 102 TFEU investigation into alleged predatory pricing by Greek Public Power Corporation (AT.40278) Latest development On 7 February 2024, the Commission issued its statement of objections. Parties • Greek Public Power Corporation (PPC). PPC is the largest supplier of retail and wholesale electricity in Greece, in which the Greek State holds an important minority stake. Between 2013 to 2019, PPC controlled all lignite and hydro capacity as well as some of the natural gas
PRACTICE NOTES
ARCHIVED—this archived case hub reflects the position at the date of the decision of 10 September 2021; it is no longer maintained. See further, timeline. Case facts Outline European Commission Article 107 TFEU/Article 102 TFEU investigation into the grant to PPC of privileged access rights to lignite (Case AT.38700). Latest development On 10 September 2021, the Commission approved measures proposed by Greece to allow the competitors of PPC to purchase more electricity on a longer-term basis (the Commission’s 2021 decision). The proposed remedies will lapse when existing lignite plants stop operating commercially (which is currently expected by 2023) or, at the latest, by 31 December 2024. Parties • Public Power Corporation (PPC): PPC is the biggest electric power company in Greece. It is controlled by the Greek government, which owns a majority of the issued shares (51.12%). Market(s) The market for the supply of electricity Background Commission’s 2008 decision In March 2008, the Commission issued a decision finding that Greece infringed Article 107 TFEU, in conjunction with Article 102 TFEU, by giving PPC privileged
NEWS
MLex: A Greek scientist has won €50,000 in damages for mental distress and reputational harm after the European Anti-Fraud Office (OLAF) published a press release revealing her personal data and making it possible for any reader to identify her. The case has attracted attention on how it addresses a person that is identifiable under the EU data protection rules.
NEWS
Green Alliance has sought permission from the Court of Appeal to intervene in the appeal of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government [2024] EWHC 1693 (Admin). This case pertains to housing energy efficiency standards and is expected to set a precedent for how the government considers environmental issues in future policies. Through its intervention, Green Alliance seeks to provide evidence and insight from its involvement in the conception, formulation, and implementation of the duty, to assist the Court of Appeal in its deliberations. The Office for Environmental Protection has also requested permission to intervene in this appeal.
GLOSSARY
The European Green Deal is the Commission’s sustainable growth strategy for Europe. It represents the Commission’s holistic response to the existential threats of climate change and biodiversity loss. It provides an action plan for internal EU action and international cooperation to avoid the worst consequences of a warming planet, while helping citizens to adapt to climate change and supporting businesses to transition to a sustainable economy.
CHECKLISTS
The Green Deal The Green Deal was a government scheme that enabled individuals and businesses to make energy efficiency improvements to residential and commercial property funded through a ‘pay-as-you-save’ approach. Green Deal providers arranged low-cost finance for the improvements without any up-front payment. Instead, the costs of making the energy saving improvements were added to the energy bills at the property and paid off in instalments by the energy bill payer in line with the Green Deal Golden Rule, ie the rule that the expected financial savings resulting from the energy efficiency measures were equal to or greater than the costs attached to the energy bill. The burden of the repayments remains with the property, and therefore transfers to the new owner/occupier when a building is sold/let. The Energy Company Obligation (ECO), which replaced the Carbon Emissions Reduction Target and the Community Energy Saving Programme, complemented the Green Deal. The Green Deal was introduced in Great Britain through the Energy Act 2011 (EnA 2011) and implemented through a series of regulations and orders, providing detail to
NEWS
Environment analysis: GDFC Assets Ltd (‘GDFC’) appealed to the Upper Tribunal (UT) against the decisions by the First-tier Tribunal (‘FTT’) regarding the cancellation of an energy plan entered into with Ms Heaney. Upper Tribunal Judge Wright concluded that the FTT erred in law in deciding to cancel Ms Heaney’s energy plan, in particular when considering whether the plan was a Green Deal plan and the proportionality of the sanction imposed. Written by Paul Collins, senior associate at Ashfords LLP.
GLOSSARY
Generators of electricity from renewable sources may be entitled to claim three types of Green Energy Certificate. The three types of certificate are: Renewables Obligation Certificates (ROCs), Levy Exemption Certificates (LECs) and Renewable Energy Guarantees of Origin (REGO).
GLOSSARY
[includes trees, hedgerows, open green spaces which thread through or surround the built environment, parks, gardens designed for biodiversity, green roofs, allotments, woodlands, green corridors, rain gardens, reed beds, wetlands, water meadows and wild spaces. OR means a strategically planned, interconnected network or spatial structure of natural and semi-natural areas [as identified on the plan at Annex [insert Annex number]] designed and managed to improve environmental conditions and citizens’ health and quality of life and to protect biodiversity while enhancing delivery of a wide range of ecosystem services. Ecosystem services, includes but is not limited to water purification, air quality, space for recreation and climate mitigation and adaptation.]
PRECEDENTS
These Precedent clauses are aligned to the Green Loan Principles by reference to Loan Market Association (LMA) style drafting. They provide market-standard wording to make finance accessible to borrowers unfamiliar with green loans, increasing the financing of eligible