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Mandatory requirement meaning

Published by a LexisNexis EU Law expert
What does Mandatory requirement mean?
A mandatory requirement is an EU law ground that a state may invoke to justify a national rule which, while applying equally to domestic and imported products, restricts the free movement of goods. Developed by CJEU case law (not legislation) from Cassis de Dijon under Article 34 TFEU, it is also called an overriding reason in the public interest. Key features: - Applies only to indistinctly applicable measures; it cannot justify measures that directly discriminate by origin (those must fall within Article 36 TFEU). - The measure must be suitable, necessary and proportionate, and respect mutual recognition; less restrictive alternatives must be unavailable. - Common headings include consumer protection, fairness of commercial transactions, environmental protection, road safety, effectiveness of fiscal supervision and media pluralism. Typical use is in defending product rules (for example on composition, labelling, testing or packaging) that hinder market access. Jurisdiction: - Ireland: fully applicable EU internal market doctrine. - England & Wales and Scotland: generally no longer directly applicable post‑Brexit, though relevant for historic cases, comparative analysis and any retained EU law contexts. - Northern Ireland: may still arise where EU goods rules apply under the Windsor Framework and in cross‑border trade engaging EU law.
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View the related Checklists about Mandatory requirement

CHECKLISTS
Employment Tribunal Claims: Mandatory Acas Early Conciliation Compliance Flowchart—time limits, prescribed information, conciliation period and outcomes (England, Scotland and Wales)

The early conciliation (EC) requirement Also referred to as mandatory Acas early conciliation, this duty requires a prospective claimant to supply certain information to Acas before submitting a claim in the employment tribunal, as part of the EC requirement procedure...

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CHECKLISTS
Acas early conciliation for employment tribunal claims in Great Britain: checklist of relevant proceedings and statutory time-limit extensions

The early conciliation (EC) requirement The early conciliation (EC) requirement—sometimes referred to as mandatory Acas early conciliation—obliges a would‑be claimant to give Acas specified details, including certain information, before issuing an employment tribunal claim, as provided by section 18A(1) of the Employment Tribunals Act 1996 (ETA 1996). For more detail, see Practice Note: The early conciliation requirement. This Checklist explains which claims constitute ‘relevant proceedings’, and identifies those that are caught by the early conciliation requirement either because of: ETA 1996, s 18(1A), or a specific provision in the applicable legislation For guidance on relevant proceedings, see Practice Note: The early conciliation requirement—Relevant proceedings. Where a prospective claimant satisfies the early conciliation requirement, there is, in almost all cases, a statutory extension to the usual deadline within which a claim must be presented to an employment tribunal. This Checklist also indicates where the operative extension provisions on time limits are located, and highlights categories of proceedings to which those extension provisions...

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CHECKLISTS
UK Money Laundering Regulations 2017: Law Firm Checklist on Source of Funds/Wealth and Enhanced Due Diligence (PEPs, high-risk third countries, third-party and cash payments)

This paper mirrors Legal Sector Affinity Group (LSAG) AML guidance. Requirement Mandatory or advised? Notes (if any) ☐ Create a documented process regarding the origin of funds and the origin of wealth Recommended See Precedent: AML, CTF and counter-proliferation financing policy—law firms...

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NEWS
CMA draft pricing guidance: delivery charges and the DMCC total price requirement across product listings, baskets and checkouts (UK)

Overriding principles The DMCC’s core requirement is that a product’s “total price” must be shown prominently in every invitation to purchase (ITP). (For what constitutes an ITP, see here.) The total price covers all amounts the consumer will inevitably pay, which therefore includes any compulsory delivery charges. There is a limited DMCC exception. Where, owing to the nature of the product, a compulsory delivery charge cannot reasonably be worked out in advance, every ITP must explain how that charge will be calculated. This explanation must appear with the same prominence as the total price and must enable the consumer to determine the overall cost. Typically, equal prominence means placing this information beside or immediately below the total price. Before relying on this carve‑out, traders should be satisfied that the compulsory delivery charge genuinely cannot be calculated beforehand. The CMA has indicated that the exception will be applied narrowly...

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NEWS
Statement of Changes HC 1691: UK Immigration—SUI 11.3 to entry clearance, suspended sentences refusals, TWOV closure, B2 settlement English, Skilled Worker pay-period checks, temporary prison officer route

For our first overview of HC 1691, concentrating on matters addressed in the EM, see LNB News 05/03/2026 54. Suitability All changes apply to decisions made on or after 26 March 2026. Extension of para SUI 11.3 to entry clearance applications In a notable development omitted from the EM, the discretionary basis for refusing permission to enter and stay applications at para SUI 11.3—introduced when Part 9 was replaced by Part Suitability on 11 November 2025—has now been extended to entry clearance applications. As set out in the Practice Note: Suitability grounds for refusal and cancellation of permission, this provides the Home Office with an additional basis to refuse an entry clearance application where an individual is, or has been, in breach of immigration laws, even if the mandatory, time-limited re-entry bans in para SUI 12.1 have expired, and even where the applicant has not taken steps to frustrate immigration controls...

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NEWS
Financial services regulatory highlights—UK and EU: FCA priorities, Consumer Duty, EMIR/MiFIR, OPRR, DORA, enforcement, payments, ESG and key dates—week to 26 February 2026

In this issue: Authorisation, approval and supervision Prudential requirements Operational resilience Financial crime and sanctions Consumer protection Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Regulation of derivatives Sustainable finance and ESG Banks and mutuals EU MiFID II Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems Fintech and cryptoassets Dates for your diary New and updated content Financial Services Enforcement Database Daily and weekly news alerts LexTalk®Financial Services: a Lexis®Nexis community Authorisation, approval and supervision The Financial Conduct Authority has unveiled streamlined annual Regulatory Priorities reports, replacing over forty portfolio letters. The slimmer format cuts publications to nine sector‑specific reports, each delivering a one‑page summary of priorities with direct links to fuller guidance. Updated every year, the reports are intended to clarify what the regulator expects from firms while lightening the compliance load....

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PRACTICE NOTES
Loss of a Chance Damages under English law: scope, third‑party causation, lost litigation, personal injury limits, mitigation, quantification and practical guidance (Allied Maples, Wellesley, Perry v Raleys)

This Practice Note examines in considerable detail when damages for loss of a chance (often called loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples v Simmons & Simmons, its subsequent consideration in Wellesley v Withers, together with the Supreme Court’s clarification in Perry v Raleys. For a summary of the key headline points in the approach, see Q&A: How, in summary, does the loss of a chance approach work? This Practice Note should be read in conjunction with related content on recovering damages in contract and tort claims, see Practice Notes as follows: Contractual damages—general principles Causation and remoteness in contractual breach claims Damages in tort and negligence claims Causation and remoteness in tort and negligence claims Causation and remoteness in professional negligence claims What is the loss of a chance approach? Ordinarily, claimants must establish causation on the balance of probabilities. That still remains so whether causation turns purely on...

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PRACTICE NOTES
Global merger control: July 2025 update – Australia’s new regime, Mexico reforms, Egypt ECA FAQs, Paraguay thresholds, enforcement and gun-jumping, and other developments

This month marks the formal start of the transition to a new merger regime in Australia, the Egyptian Competition Authority (ECA) issuing an FAQs guide clarifying various matters, amendments (including merger control changes) to Mexico’s Federal Economic Competition Law taking effect, and Paraguay’s yearly update of merger control thresholds. Australia—transitional period for new merger regime begins; government confirms notification thresholds and notification fees From 1 July 2025, Australia’s new merger control framework took effect. It is presently available on a voluntary basis, and will be compulsory from 1 January 2026 for any share or asset acquisitions that meet the monetary thresholds. On 30 June 2025, the government settled a notification instrument setting out key aspects of the regime (including the notification thresholds, targeted notification requirements, forms and fees). Notification thresholds The final instrument leaves unchanged the turnover thresholds for mandatory notification, as previously proposed in the exposure draft released for consultation on 28 March 2025. They are listed below. Threshold type ...

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PRACTICE NOTES
UK Takeover Code Rule 37: Share buybacks, dual class share structures and enfranchising non‑voting shares—Rule 9 mandatory offer implications, Panel waivers/dispensations and 2026 reforms

Rule 37—Setting the scene This Resource Note summarises the core features of Rule 37 of the City Code on Takeovers and Mergers (Code). It concerns company share repurchases, companies with dual class share arrangements and the enfranchisement of a company’s non‑voting shares, and the situations in which such structures or arrangements could trigger a mandatory offer under Rule 9 of the Code. It also flags relevant materials, commentary and guidance from the Panel on Takeovers and Mergers (Panel), together with Lexis+® UK analysis and resources, to provide practical direction on interpreting and applying Rule 37. Materials covered in this Resource Note include: Practice Statements issued by the Panel Executive (the body responsible for the day‑to‑day conduct of takeover supervision and regulation) (Executive) giving informal guidance on how the Executive typically interprets and applies the Code Panel Statements published by the Panel (P/S) and Panel Instruments Public Consultation Papers (PCP) and Response Statements (RS) published by the Code Committee Annual Reports published by...

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PRECEDENTS
Client Source of Funds and Wealth Verification: Evidence Request and Declaration for AML Compliance

Information for clients By law, we must confirm the origin of funds [ and the source of wealth ] for your matter. Your data will stay confidential and be used solely to meet regulatory obligations. Without adequate details and/or proof showing how the monies for your transaction were obtained, we may not be able to move your matter forward. This process is a legal requirement and is carried out for compliance purposes. Kindly complete and return this form at your earliest convenience. It helps us satisfy mandatory checks on your transaction. Client and matter details Client(s) full name(s) or entity name(s) for corporate client(s): [ Insert full name(s) ] Client/matter reference number: [ Insert client/matter reference number ] Details of matter: [ Insert description ] Source of funds information Please describe how the funds used in this matter were generated. Include relevant amounts, dates, employer or transaction particulars, and any third-party participation. Be aware we may request three months’...

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Q&As
AEOI registration under 2025 ITC Amendments: specified non‑reporting trusts—trust corporations, trustee‑documented, and lay‑trustee private company shares

Amendments to the International Tax Compliance Regulations 2015 (2015 regs), SI 2015/878, introduced by the International Tax Compliance (Amendment) Regulations 2025, SI 2025/740, have brought in a compulsory Automatic Exchange of Information (AEOI) registration obligation for certain trusts treated as ‘specified non-reporting financial institutions’. Under the 2015 regs, SI 2015/878, reg 24(1), a specified non-reporting financial institution is ‘a non-reporting financial institution which is a trust within the meaning of Section VIII(B)(1)(e) of the CRS or paragraph II(D) of Annex II to the FATCA agreement’. Set out below is a concise overview of the components of that definition. Financial institution (IEIM400610) The FATCA and CRS frameworks recognise four common categories of Financial Institution: custodial institution depository institution investment entity specified insurance company Where a private trust satisfies any Financial Institution definition, it will most commonly be treated as an Investment Entity...

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Q&As
Close-contact COVID-19 mask/visor offences, FPNs, council powers

On 23 October 2020, Nesil Caliskan, Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, issued remarks about the powers councils require to curb the transmission of coronavirus (COVID-19). Caliskan argued that local authorities should be able to take “rapid action” against businesses that do not put in place appropriate safety measures, adding that he “look[s] forward to hearing more details…over the coming days”. See: LGA seeks tools to combat businesses violating safety measures amid coronavirus (COVID-19)—LNB News 23/10/2020 86. The interventions designed to limit the spread of coronavirus continue to change as government policy tracks how the virus is circulating within communities. To streamline arrangements, a three-tier set of response levels was brought in to manage localised transmission of coronavirus. These regulations took effect in England on 14 October 2020, establishing a three-tier framework of restrictions intended to tackle local outbreaks of coronavirus. The regulations were made under powers granted by sections 45C(1), (3)(c), (4)(b), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease)...

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Q&As
Does Tier 2 (General) 60‑day curtailment count towards ILR continuous lawful residence?

A Tier 2 (General) migrant (the applicant) must observe any conditions attached to their leave. Examples include no recourse to public funds and a requirement to work mainly for the Tier 2 (General) sponsor named on their Certificate of Sponsorship (CoS). Supplementary employment is allowed, but only in limited circumstances in practice. See Practice Notes: Applying under the Skilled Worker route and Conditions of permission to enter or stay in the UK. If the applicant will no longer work for the sponsor listed on their CoS, they will not continue to meet the requirements of a Tier 2 (General) visa. This is a frequent basis for mandatory curtailment under the Immigration Rules, Part 9, para 323A(i)(2). Curtailment is the process by which the Secretary of State for the Home Department shortens the existing leave of persons already in the UK. Leave is either curtailed with immediate effect or the remaining period of leave is shortened, usually to a period of 60 days. See Practice Notes: Changes of circumstances and...

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