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State aid General Court annuls Commission decision on Danish waste water treatment pricing The General Court delivered its ruling in Case T‑486/18 RENV, Danske Slagtermestre v Commission, on an appeal challenging the Commission’s decision in State aid Case SA.37433—Denmark, concerning alleged State aid arising from rebates on waste water charges. The proceedings were remitted to the General Court following the Court of Justice’s judgment in Case C‑99/21. For context, in 2013 Denmark passed legislation introducing a lower rate per cubic metre once a certain volume of waste water had been discharged, which resulted in diminished payments for the largest users of water services (the 2013 Law). Danske Slagtermestre, a trade association, submitted a complaint to the Commission contending that the 2013 Law bestowed State aid on major slaughterhouses by reducing their contributions for waste water treatment. It concerned waste water treatment pricing, examining whether volume-linked reductions conferred selective advantages on significant users, notably large slaughterhouses benefiting from discounted tariffs thereunder...
In this issue: UK mergers National Investment and Security Act 2021 UK antitrust UK competition policy EU antitrust EU mergers EU Digital Markets Act EU State aid LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex UK mergers Vandemoortele/Délifrance meets the test for reference to a phase 2 The CMA has decided that Vandemoortele Group’s proposed purchase of Délifrance SA satisfies the threshold for a phase 2 referral. Both Vandemoortele and Délifrance supply frozen bakery lines, including croissants and pain au chocolates, to retail and foodservice customers. Those customers bake the products on-site and then sell or serve them to end consumers. At phase 1, the CMA concluded the deal leads to an SLC arising from horizontal unilateral effects in the provision of frozen Laminated Dough (LD) products to retail and foodservice customers across the UK...
Safeguarding customer funds Under the Payment Service Regulations 2017 and the Electronic Money Regulations 2011, FCA-registered payments firms and electronic money institutions—together, payments firms—must protect customers’ money by maintaining appropriate safeguarding arrangements. This safeguarding framework exists to prevent harm to customers, such as shortfalls or delays in redemption, and to reduce the risk of detriment. The need is acute during a wind-down or insolvency, particularly given that money held by payments firms is not covered by the Financial Services Compensation Scheme. The sums entrusted to such firms are significant and continue to grow: the FCA records that electronic money institutions alone held a combined £18bn of customer funds in 2023, up from £11bn in 2021. Nevertheless, the FCA considers there to be widespread failure across payments firms to implement suitably robust safeguarding practices, and it fears that this leaves customers’ funds at risk. The regulator also expresses concern about recent UK court judgments on how the safeguarding regime operates upon insolvency, including the 2022 decision of the Court of...
IP COMPLETION DAY: At 11pm (GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU comes to a close. In UK law this moment is termed ‘IP completion day’. From that point, core transitional arrangements end and significant changes start to take effect across the UK’s legal framework. This note provides guidance on areas affected by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for lending lawyers? [Archived]. BREXIT: From 31 January 2020, the UK is no longer an EU Member State, but entered an implementation period during which, for many purposes, it continues to be treated by the EU as a Member State. As a third country, the UK cannot participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), yet it must continue to meet its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit...
Premier Oil is among a number of oil and gas companies that have reassessed their funding options to cope with the effects of an extended period of low crude prices. Brexit impact From exit day (31 January 2020), the UK ceased to be an EU Member State. Nevertheless, under the Withdrawal Agreement, the UK entered an implementation period, during which EU law continued to apply. In many Brexit SIs, references to exit day should be construed as referring to IP completion day (the end of the implementation period, defined in clause 39 as 31 December 2020 at 11.00 pm), unless that wording is expressly disapplied by the relevant SI. For more detail, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers, and Brexit Bulletin—key updates, research tips and resources. While schemes do not fall within the scope of the Recast Regulation on Insolvency, their later recognition frequently depends on Brussels I (recast) (see below and Practice Note: Brexit—impact on...
ARCHIVED : This Practice Note is no longer maintained as it addressed the implementation of EU free movement law in the UK before IP completion day. On that day, the UK’s domestic legislation giving effect to EU free movement was revoked, subject to defined savings and modifications. For more detail, including those savings and the treatment of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note is kept in archived form for historical reference, as EU law previously applied in the UK can still be relevant in certain limited circumstances. For historic versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. IMPORTANT NOTE: The accession period for Bulgaria and Romania ended on 31 December 2013...
Before purchasing anything on our website, please read these important terms and conditions and ensure they include everything you expect and nothing you are unwilling to accept. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that, in most cases, you can change your mind within 14 days of receiving your goods and receive a full refund. The Consumer Rights Act 2015 requires goods to be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, you are entitled to the following: up to 30 days: if your goods are faulty, you can get a refund; up to six months: if repair or replacement is not possible, you are entitled to a full refund in most cases; up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary...
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Please carefully review these important terms and conditions before purchasing from our catalogue and ensure they include everything you expect and nothing you would refuse to accept. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that, in most situations, you have 14 days from the day you receive your items to change your mind and obtain a full refund. The Consumer Rights Act 2015 requires goods to match their description, be suitable for their intended use and be of satisfactory quality. Across the anticipated lifespan of your purchase, you are entitled to: up to 30 days: if your goods are faulty, you can claim a refund; up to six months: if repair or replacement is not possible, in most cases you are due a full refund; up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back; ...
LTA 1954 and contracting out Most commercial tenancies where the occupier is the tenant benefit from statutory security of tenure under the Landlord and Tenant Act 1954 (LTA 1954). This framework sets out a procedure that must be followed to end the tenancy, even after a fixed term has run its course. It does not cover tenancies at will. The level of protection provided by the LTA 1954 can be advantageous for tenants. That said, it is common for the parties to decide, as part of their agreement, that these LTA 1954 protections will not apply to a fixed term tenancy. Excluding the LTA 1954 is not accomplished simply by adding wording to that effect in the lease. The necessary steps are specified in LTA 1954, section 38A, which refers to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096...