Allemagne

eAlerts Récentes

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  26/04/2024

  EU

  Update on the AML-CTF Package: Formal Adoption by the European Parliament on 24 April 2024

  Following the political agreements which have been reached earlier this year, the European Parliament has now adopted the last remaining texts of the AML-CTF Package on 24 April 2024.By way of reminder, the AML-CTF Package is composed of four legislative proposals aiming at harmonising and strengthening AML-CTF rules in the European Union:Regulation 2023/1113 on information accompanying transfers of funds and certain crypto-assets, which has already been adopted last year and will enter into force on 30 December 2024;Proposal for a Directive on the mechanisms to be put in place by the Member States...

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  26/04/2024

  Allemagne

  Interpretation vs. decision-making: Bavarian Highest Regional Court rules on power of state courts and its limits to interpret and clarify operative part of arbitral awards in recognition proceedings

  In a decision on an application for declaration of enforceability of a domestic arbitral award on agreed terms, the Bavarian Highest Regional Court (BayObLG) recently addressed the power of state courts and their limits to interpret and clarify the operative part of arbitral awards. The ruling also clarified the requirements for formal service of an application for declaration of enforceability on the respondent and on the admissibility of penalty interest.Facts of the caseIn an arbitration concerning remuneration claims for corporate finance services, the Claimant sought payment from the Respondent,...

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  26/04/2024

  Allemagne

  Article 82 GDPR: Liability claims under the right of access under data protection law

  It is easy to request access pursuant to the GDPR. If it is not granted, if it is granted late nor not fully, claims for compensation may be asserted as a result.Employees against former employers, consumers against insurance companies, banks and other entities: there are a variety of legal relationships in which claims for compensation may arise as a result of infringements of the European General Data Protection Regulation (GDPR). Article 82 (1) GDPR states that any person who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation...

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  25/04/2024

  Europe

  Cheers! New EU rules to strengthen GI protection for wine, spirit drinks and agri-food products come into force on 13 May 2024

  On 23 April 2024, a new EU regulation aimed at enhancing the protection of geographical indications (GIs) for wine, spirit drinks and agricultural products, and other quality schemes for agricultural products was published in the Official Journal. The new rules, that enter into force on 13 May 2024, provide for a streamlined registration procedure, a strengthened role of producer groups, and improved provisions on GI protection (both online and offline) and sustainability.Background on Geographical Indications (GIs) for wine, spirit drinks and agri-food productsGIs are intellectual property rights...

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  25/04/2024

  Allemagne

  UPC: Court of Appeal clarifies questions of public access to certain procedural documents

  In its decision dated 10 April 2024 (UPC_CoA_404/2023, ORD_19369/2024), the Court of Appeal of the Unified Patent Court (UPC) ruled on the requirements for public access to written pleadings and evidence.Based on the Rules of Procedure (RoP) of the UPC, decisions and orders of the UPC must always be published – subject to any necessary redactions, for example regarding personal data, see Rule 262.1(a) RoP (see also our blog post). The UPC has set up a separate page on its website for the publication of decisions and orders. The question of when the public not involved in the respective proceedings...

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  23/04/2024

  Allemagne

  Artificial Intelligence and Occupational Health and Safety – Opportunities and Risks

  This article looks at both the opportunities and risks presented by using artificial intelligence with regard to occupational health and safety.AI has become an integral part of the modern working world and is affecting many areas, from automation in manufacturing to data analysis in marketing. It increases efficiency, improves decision-making and makes it possible to solve problems in new ways. Integrating AI into occupational health and safety has the potential to make workplaces safer and prevent accidents. However, the integration of AI also poses challenges, including physical risks and psychosocial...

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