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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Open AI, Microsoft and Google were among leading AI firms as the European Union unveiled the final version of the EU AI Act’s code of practice for general‑purpose AI models today, even though significant compliance concerns remain unsettled. The code had been slated to appear alongside two other pivotal papers: guidance to clarify core concepts (including what counts as a general‑purpose AI, or GPAI, model) and a template requiring model providers to disclose training data. Those guidance and template documents are still subject to internal scrutiny by the European Commission, with no publication date confirmed. While the guidance could emerge as soon as next week, the template may not be ready before the GPAI rules start applying on 2 August 2025, MLex understands. It is also unclear whether AI companies will sign up to the code before seeing the template, as the...
In this issue: EU fundamentals Commercial Competition and state aid Free movement, immigration and employment Financial services Energy Environment IP Life sciences Daily and weekly news alerts New and updated content Trackers EU fundamentals The Council of the EU has set its position on the 2026 EU draft budget, fixing commitments at €186.24bn and payments at €186.49bn, excluding appropriations for special instruments outside the multiannual financial framework ( MFF). It adopts a cautious, realistic stance built on three principles: (1) ensuring the sound delivery of policies and programmes; (2) sustaining the ability to respond to ongoing crises; and (3) safeguarding sufficient margins beneath MFF ceilings for unforeseen needs. See: LNB News 09/07/2025 37. Commercial MLex notes that France’s €3 minimum postage for book orders under €35 falls within Directive 2006/123/ EC, the EU Services Directive, and could be permissible as a cultural measure, according to Advocate General Maciej Szpunar in an opinion dated 3 July 2025. The measure, which Amazon...
Amazon has contested the rule, which covers orders below €35, petitioning the EU’s top court in April 2025 to overturn it and to have the measure annulled in its entirety. According to the opinion, a national measure designed to foster cultural diversity falls within the EU Services Directive and can be justified only if the classic Article 16 criteria—most notably proportionality—are satisfied and properly evidenced. In short, pursuing cultural diversity does not, by itself, remove a law from the Directive’s scope or exclude it from review. Although, at a Court of Justice of the EU hearing in Luxembourg in April 2025, the French government maintained that the charge is permitted under EU rules that allow limits to defend cultural diversity, the opinion nevertheless insists the measure must still clear the Services Directive’s proportionality and necessity hurdles in a convincing manner. Put...
Europe is approaching a watershed in the evolving relationship between artificial intelligence and copyright law. For the first time, the Court of Justice has been invited to determine how copyright norms apply to generative AI systems, an essential move for steering innovation and safeguarding content across Europe, marking a crucial test case for Europe. Context The applicant, Like Company, is a Hungarian press publisher overseeing multiple online news sites that host protected works. It alleges that Google’s chatbot, Gemini (formerly Bard), powered by large language models ( LLMs), reproduces and condenses large parts of its articles without prior authorisation. According to Like Company, Gemini produced replies mirroring notable segments of its originals, thereby violating its exclusive rights. On 3 April 2025, the Budapest Környéki Törvényszék ( Budapest District Court) referred Like Company v Google Ireland ( Case C-250/25) to the Court of Justice, posing the first...
In this issue: EU fundamentals Banking and finance Commercial Competition and state aid Data protection and cybersecurity Dispute resolution Financial services Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Lex Talk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals Danish Presidency of Council of the EU publishes presidency programme The Danish Presidency of the Council of the EU has released its programme for 1 July to 31 December 2025, setting out priorities and direction under the banner ‘ A strong Europe in a changing world’. The presidency intends to reinforce the EU’s ability to act independently amid mounting global volatility, with a spotlight on security, competitiveness and the green transition. Forthcoming legislation will focus on...
On 19 June 2025, the Medical Device Coordination Group ( MDCG) issued fresh guidance ( MDCG 2025-6) on how Regulation ( EU) 2017/745 (the Medical Devices Regulation, MDR), Regulation ( EU) 2017/746 (the In Vitro Diagnostic Medical Devices Regulation, IVDR), and Regulation ( EU) 2024/1689, the EU AI Act, interrelate. The document supplies a first set of answers to the most frequently asked questions on the joint application of the EU AI Act and the MDR/ IVDR for manufacturers of AI systems used for medical purposes ( MDAI). The MDCG guidance clarifies a few points: manufacturer vs provider and user vs deployer The MDCG explains that references to ‘manufacturer’ within the meaning of the MDR/ IVDR should be understood as referring to ‘provider’ in accordance with the EU AI Act......
In this issue: Commercial Competition and state aid Corporate Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Commission launches consultation on Standardisation Regulation revision The European Commission has opened a call for evidence within its planned revision of the Standardisation Regulation. The initiative aims to remedy shortcomings found during the Regulation’s evaluation and to hasten the creation of systemic standards that bolster the EU’s resilience alongside its green and digital transitions. Stakeholders are invited to provide their views to inform the further development of the proposal. The consultation closes on 21 July 2025. See: LNB News 25/06/2025 29. Competition and state aid Mergers— Commission unconditionally clears Liberty Media/ Dorna merger after phase II Following a phase II investigation ( M.11539), the Commission granted unconditional clearance for Liberty Media Corporation ( Liberty Media) to acquire Dorna Sports S. L ( Dorna Sports). Liberty Media and Dorna...
The EPO’s Enlarged Board of Appeal dismissed the notion that examiners may ignore a patent’s description and drawings unless a claim lacks clarity or is ambiguous. According to senior EPO figures on 18 June 2025, earlier decisions endorsing that view conflict with the wording of the European Patent Convention......
Regulating how minors access and use online services, including those run by platforms, has swiftly risen to the top of the agenda for regulators across the EU, the UK and globally in recent policy discussions and enforcement priorities. On 13 May 2025, the European Commission issued draft guidelines on safeguarding children online under the EU Digital Services Act ( EU DSA). Their purpose is to help platforms shield minors from illegal material while ensuring their security and privacy, in line with the EU DSA. The guidelines, directed at all online platforms that can be reached by minors, describe procedures for evaluating risks to young users and set out the measures that providers of online platform services should adopt to mitigate those risks and meet the requirements of Article 28 of the EU DSA. Which platforms are accessible to minors? The guidelines state that...
Background Over three decades, Europe’s telecommunications regime has taken shape, starting with late‑1980s liberalisation and reaching a milestone with the 2018 European Electronic Communications Code ( EECC), designed to harmonise Member State rules while spurring competition and infrastructure investment. Yet the landscape remains fractured, as differing national rules and enforcement approaches continue to restrict cross‑border operations. Consequently, the build‑out of very high‑capacity networks such as fibre and 5G is patchy and slow, and policies for spectrum assignment vary significantly. Noting these shortcomings, former Digital Commissioner Thierry Breton signalled a new course in his 2024 white paper ‘ How to Master Europe’s Digital Infrastructure Needs?’, setting out a vision for an integrated, resilient telecoms market that would accelerate fibre and 5G/6G deployment, remove investment obstacles, and broaden consumer access, especially in underserved or rural areas. Moreover, the Commission’s ‘call for evidence’ of 6 June 2025...
Across the EU, a copyright licensing marketplace for training artificial intelligence systems remains nascent, largely because AI developers shy away from entering licensing talks, a summary of feedback from European governments and CMOs indicates. The document, seen by MLex, consolidates replies from EU countries—many informed by national collective management organisations—to a policy questionnaire circulated in January. CMOs administer copyright and related rights for multiple rights holders, notably in creative sectors such as the music industry. Even so, the summary records that licensing of protected works by CMOs for AI training is uncommon in the EU, as most respondents report developers’ unwillingness to engage in negotiations... AI licensing market The survey highlights two priority obstacles: Transparency, which rights holders regard as essential to exercise their rights and negotiate remuneration Workable opt-out mechanisms for the EU Copyright Directive’s text and data mining...
In a ruling dated 16 June 2025, the UPC determined that Curio Bioscience Inc.’s array offering ‘literally’ mirrors the core elements of a patent held by 10x Genomics Inc. for detecting nucleic acids in tissue samples. The court dismissed Curio Bioscience’s assertions that its product sat outside the patent’s scope, reasoning that the mode of manufacture and certain technical distinctions did not change the product’s capacity to infringe. The judges said the contested embodiment makes literal use of the claim’s teaching, and concluded that every necessary design feature appears in Curio Bioscience’s array... 10x Genomics’ patent concerns a method for detecting and analysing nucleic acids, including DNA, within a tissue sample. According to the patent, the technology enables detailed mapping of genetic information inside tissues, with potential application in fields such as cancer research. 10x Genomics contended that Curio’s kits, which rely on...
In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Financial services Energy Environment Insurance and reinsurance Life sciences Restructuring and insolvency TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals The European Commission has unveiled its June 2025 infringement package, identifying EU Member States it is pursuing for breaches of obligations under EU law. This round features letters of formal notice, reasoned opinions, and referrals to the Court of Justice, targeting shortcomings such as the transposition of directives covering drinking water, waste management, air quality, public procurement, and other significant policy areas. See: LNB News 18/06/2025 25. Competition and state aid The Commission has released an updated Code of Best Practices outlining how State aid control procedures should be conducted, refining guidance on the...
On 12 June 2025, the European Banking Federation ( EBF) stated that the European Banking Authority’s ( EBA’s) draft rules, set to be applied across the EU by the central Anti- Money Laundering Authority ( AMLA), are vague and inconsistent. In a statement responding to the EBA’s recent consultation on proposed AML risk assessment rules, the EBF warned that delegating guidance to national supervisors could fuel fragmentation and add to compliance burdens. It further argued that the draft provisions, which will ultimately give effect to the EU-wide EU Anti- Money Laundering Regulation, do not provide clear risk indicators or explain the weighting to attach to them, leaving banks without the certainty they need......
GPAI model developers should still get a final draft of the EU Code of Practice from the Commission in July 2025, despite a potential ‘stop the clock’ on the EU AI Act, MLex has learned Bilateral talks are continuing, and the draft is foreseen for the first week of July. MLex earlier reported that the Commission was weighing a hold on the EU AI Act after a critical letter from the Trump administration in the US and a visit to Washington by the Commission’s Executive Vice- President for Tech Sovereignty, Security and Democracy, Henna Virkkunen. The matter was recently put on the agenda of a meeting of EU digital ministers, where Virkkunen formally indicated that parts of the EU AI Act could be paused if technical standards and administrative guidance are not ready when the rules take effect. The EU AI Act phases in over...
The European Commission has pencilled in 10 December 2025 as the provisional date for the publication of a package of digital policy initiatives, including a so-called omnibus intended to propose amendments to legislation, according to an internal document seen by MLex. The omnibus is informed by a review of the EU digital laws, which EU officials have suggested could affect legislation relating to data, cybersecurity, and AI. In this context,......
In this issue: Commercial Competition and state aid Data protection and cybersecurity Financial services Environment Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Court of Justice provides ruling on meaning of ‘promotional offer’ under EU E- Commerce Directive ( Verbraucherzentrale Hamburg v bonprix) Following a reference from the German Federal Court, the Court of Justice issued a preliminary interpretation of the expression ‘promotional offer’ in Article 6(c) of Directive 2000/31/ EC, the EU E- Commerce Directive. The outcome may reshape how a variety of deferred purchasing and payment options are advertised during online checkout journeys. The court concluded that a ‘promotional offer’ encompasses a website advertisement that points to a payment arrangement where it grants consumers a tangible benefit liable to influence their...
AI chatbots are reshaping how companies manage customer enquiries and grievances, delivering speed and round-the-clock access that many conventional routes cannot rival. Yet the European Commission’s recent Digital Fairness Act Fitness Check has exposed a shortfall: EU consumers currently do not enjoy a cross-sector right to insist on human interaction when dealing with AI chatbots in business-to-consumer contexts. It remains uncertain whether, and in what way, the Commission intends to tackle this. The forthcoming EU Digital Fairness Act might address it, but the Commission’s draft is not expected until the third quarter of 2026. This note sets out core consumer protection issues for businesses rolling out AI chatbots in the EU market. AI Chatbots cannot be the only contact channel Under EU rules—most notably Directive 2011/83/ EU, the EU Consumer Rights Directive, and Council Directive 2000/31/ EC, the e Commerce...
Verbraucherzentrale Hamburg E. V. v Bonprix Handelsgesellschaft Mbh, Case C-100/24, ECLI: EU: C:2025:352 What are the practical implications of this case? While the need for transparent consumer promotion terms is well established, this decision offers a noteworthy take on what counts as a ‘promotional offer’ under the EU E‑ Commerce Directive. The court’s approach appears to draw within the scope of the ‘information provision’ rules those statements about payment and purchasing methods that might not ordinarily be viewed as ‘promotional offers’—as opposed to clearer promotions like discounts—despite the Directive referencing ‘promotional offers, such as discounts, premiums and gifts’. In the UK, the Electronic Commerce ( EC Directive) Regulations 2002, SI 2002/2013 remain in force, with post‑ Brexit amendments, and set out comparable obligations regarding ‘promotional offers’ and required disclosures. Given the surge of ‘buy now pay later’ and related arrangements in the UK, it is still...
EU trade chief Maroš Šefčovič will meet the Chinese commerce minister on 3 June 2025 to press on with talks aimed at settling the ongoing row. The mooted curbs stem from an inquiry opened in April 2024 by the European Commission under the International Procurement Instrument ( IPI), a trade defence mechanism that took effect in August 2022. Through the IPI, the EU may levy price penalties on bidders, bar them from EU tenders, or use a mix of both steps in combination. Any such limits must be proportionate and in the ......
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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