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NEWS
Ireland-Banking & Financial Services analysis: This article was written by Ruth Lillis, partner (Debt Finance), Sarah Thompson, partner (Financial Regulation), Katherine Quirke, of counsel (Debt Finance) and Sinéad Cantillon, senior professional support lawyer (Debt Finance) of Arthur Cox LLP. This article examines the application of Article 21c of Directive (EU) 2024/1619 (the Capital Requirements Directive VI (CRD VI)) to aviation finance transactions. This briefing focuses on aviation-specific structures and is intended as a practical, transaction-level guide for market participants.
GLOSSARY
Exclusions which can be used to avoid dealing as agent or arranging a transaction by entering into such a transaction on the advice of an authorised person
PRACTICE NOTES
On 26 March 2021, the Commission published a guidance paper regarding its change of approach to the use of Article 22 EUMR (Article 22 Guidance). In short, the Article 22 Guidance encouraged national competition authorities to refer to the Commission transactions that do not meet national merger control thresholds and would therefore otherwise escape merger control in the EU. For further information,
NEWS
Life Sciences analysis: The question for the court was essentially: does the historic Court of Justice decision of Medeva (C-322/10 ) apply such that a product is prevented from being granted an SPCif it has previously been authorised as part of a combination? The court concluded the answer is: yes. The court confirmed that the IPO was correct to refuse an SPC for drospirenone based on Medeva, such that an earlier marketing authorisation (MA) for drospirenone combined with estrogen meant that the MA for drospirenone alone was not the first MA for drospirenone. This case matters for SPC strategy: any earlier MA (monotherapy or combination) can prevent SPC rights for an active ingredient. Written by Dan Byrne, partner at Venner Shipley LLP.
GLOSSARY
An exclusion in the Regulated Activities Order which enables a solicitor to avoid carrying on the regulated activity of arranging an investment.
GLOSSARY
An exclusion which applies when a client is introduced to an authorised person to arrange and/or to advise on a regulated mortgage contract
GLOSSARY
An opinion from the European Commission confirming that a State's plan to dispose of radioactive waste is unlikely to result in the radioactive contamination of the water, soil or airspace of another Member State.
GLOSSARY
A direction made by a local planning authority to withdraw permitted development rights that would otherwise apply by virtue of the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (in England) and the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (in Wales).
PRACTICE NOTES
Article 4 directions can be used by local planning authorities (LPAs) to withdraw permitted development rights that would otherwise apply by virtue of the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 in England (the England GPDO) or the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 in Wales (the Wales GPDO). An article 4 direction does not prevent the development to which it applies, but instead requires that planning permission is first obtained from the LPA for that development. For more information see Practice Notes: Permitted development in England, Permitted development rights and the prior approval system and Permitted development in Wales. When article 4 directions should be used Statutory requirements The LPA must be satisfied it is ‘expedient’ that development that would normally benefit from permitted development rights should not be carried out unless permission is granted for it on an application. Policy requirements Policy DM10 of the National Planning Policy Framework provides that the use of article 4 directions to remove permitted development rights should be:
GLOSSARY
A requirement for operators to notify the European Commission of their intent to enter investment contracts for new nuclear facilities.
GLOSSARY
Article 50 of the TEU provides the mechanism by which a Member State can withdraw from the EU. This mechanism also applies to the Euratom Treaty.
GLOSSARY
An exclusion in the Regulated Activities Order which enables trustees, nominees and personal representatives to avoid regulated activities.