MLex: Web browser Opera's challenge to the European Commission over its refusal to designate Microsoft's Edge as a digital 'gatekeeper' was heard in court this week. It delved into the thorny question of who can challenge the regulator's Digital Markets Act decisions: The law doesn't specify any official status for third parties, despite the commission relying on them to inform its decisions. The outcome of the appeal will be significant for companies that operate in the shadows of the biggest platforms.

Common name of the conclusions adopted by the Advocate General in the context of cases lodged before the Court of Justice of the EU—not before the General Court—and on which EU judgments are often based on.

IP & IT analysis: What opinion did Advocate General (AG) Wathelet come to regarding a referral from Spain’s Supreme Court on article 13(1) of the Enforcement Directive, on whether a party claiming infringement damages for pecuniary loss on a hypothetical royalty or licence fee basis can also claim damages for the moral prejudice suffered?

Article 288 TFEU on legal acts, allows EU institutions to adopt opinions. Opinions are non-binding instruments which do not have any legal force but are merely persuasive. They simply allow the EU institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom they are addressed.

A legal opinion is a formal opinion expressing a view on legal matters relevant to a transaction. As described further below, legal opinions will typically cover a number of different aspects of a transaction and the scope of the opinion will vary on a case-by-case basis. This Practice Note is focused on opinions relating to matters of English law. Transactions involving parties or assets located in different locations will often need multiple legal opinions covering matters pertinent to each relevant jurisdiction. This Practice Note focuses on issues relevant to opinions in respect of secured bond issues. Most of the matters covered by such opinions will be the same as those dealt with in opinions relating to unsecured bond issues. There are, however, a number of issues specific to secured transactions that will need to be covered in such opinions and some additional assumptions and reservations that will typically be included and these are explored in detail below. For general information on legal opinions, see Practice Note: Legal opinions—uses, scope and structure. For

The charity Opora has published a Ukrainian-language information resource on applying to the Ukraine Permission Extension Scheme, which includes a video walk-through and a basic 28 calculator so applicants can check that they are not applying too early.

The Royal College of Psychiatrists has issued a new report ‘Protecting the mental health of people seeking sanctuary in the UK's evolving legislative landscape’ (the report). This highlights what it states to be the current opportunity to reform the immigration system while safeguarding the mental health of individuals seeking sanctuary in the UK. The report addresses recent legislative changes from 2022 to 2024 that have impacted the mental health of persons seeking asylum, including depression, anxiety, and PTSD, due to prolonged immigration limbo, financial hardship, and the threat of detention. It urges the new Government to capitalise on the opportunity to ensure immigration legislation explicitly protects individuals with mental illness. It also calls for a review of the mental health impacts of upcoming laws, including mandatory screening upon arrival and ongoing monitoring to address mental health needs promptly.

This is an example of a guide which can be sent to clients. It provides general guidance regarding opposed business lease renewals under the Landlord and Tenant Act 1954, including an overview of how the process is started, the steps to be taken and timings. Many business tenants have a right to remain in their premises and request a new lease when their current lease comes to an end. Where the landlord wishes to terminate the current lease and does not wish to grant a new lease to the tenant, this is known as an opposed lease renewal. The court can be asked to determine whether the landlord is entitled to recover possession of the property and if not, it can be asked to determine the terms of a new lease. This guide explains what an opposed lease renewal is and the various steps involved. What is an opposed lease renewal? An opposed lease renewal is where: • a business tenant wishes to remain at the premises and take a new lease, but • the landlord objects and is not willing

Opposition proceedings Once a trade mark has been accepted by the Registrar at the UK Intellectual Property Office (IPO), it is published in the online Trade Marks Journal and is open to public inspection. A two-month period follows (extendable on notice to the IPO to three months (see below)) in which interested parties may oppose its registration. The person who starts opposition proceedings becomes the opponent. An objection can also be made by way of a third-party observation and certain third parties may be granted leave to intervene (see below). The law and procedure for opposition is laid down in section 38 of the Trade Marks Act 1994 (TMA 1994) and the Trade Marks Rules 2008 (TMR 2008), SI 2008/1797, rr 17–21, as amended by the Trade Marks (Fast Track Opposition) (Amendment) Rules 2013, SI 2013/2235. The onus is on the opponent to prove its case. The most common reason for opposition is that the new mark is too similar to a mark that the opponents have registered or are using. The standard IPO opposition

This Checklist is designed to assist practitioners in taking a structured approach to resisting an application for an interim injunction made without notice. This Checklist should be read in conjunction with the detailed guidance in the following Practice Notes: • Interim injunctions—without notice applications • Interim injunctions—the American Cyanamid guidelines • Interim injunctions—drafting the order Although this Checklist is focused on without notice applications, there is inevitably some cross-over with the considerations relevant to on-notice applications. Practitioners should therefore also familiarise themselves with the detailed guidance included in: Opposing an on notice interim injunction application—checklist. 6 April 2025 changes The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, including the example draft orders included in Annex A and Annex B of Practice Direction 25A, were revoked. In addition, three ‘model orders’ also came into force on 6 April 2025. The changes were not intended to materially alter the substantive law or practice. However,

Interim injunction applications are not straightforward. There are a large number of procedural and substantive hurdles for applicants to surmount before the court will consider granting this discretionary form of relief. This Checklist considers such hurdles and is designed to assist practitioners in taking a structured approach when responding to, and potentially resisting, an application for an interim injunction made on notice. This Checklist should be read in conjunction with the detailed guidance in the following Practice Notes: • Interim injunctions—on notice applications • Interim injunctions—the American Cyanamid guidelines • Interim injunctions—drafting the order For additional guidance on responding to a without notice interim injunction application, see: Opposing a without notice interim injunction application—checklist. 6 April 2025 changes The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions, including the example draft orders included in Annex A and Annex B of Practice Direction 25A, were revoked. Three new ‘model orders’ also came into force on

An opt-in is an option for member states to participate in a particular policy area, or to apply a Union act within its borders in cases where an exemption applies (opt-out).