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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Why is the EU PTD 2015 being revised? The Commission launched its reassessment of the EU PTD 2015 five years after it took effect, and in the wake of widespread cancellations, liquidity pressures, and hurdles in reimbursing travellers during the coronavirus ( COVID-19) crisis. Its review concluded the EU PTD 2015 has not entirely achieved its aims or met the needs of travellers and organisers, leaving scope for enhancement and simplification. The Commission now intends to tackle the identified gaps, remove legal uncertainty, and reduce unnecessary complexity that creates difficulties for both travellers and organisers. It also aims to ensure stronger consistency between the EU PTD 2015 and EU passenger rights—protecting travellers more effectively, including in crisis situations—while improving business functionality in the package-travel sector. What are the key changes? The changes broadly fall into three main...
The responsibility of the gazettes' publishers as data controllers The EU Court of Justice held that publishers of official gazettes act as data controllers determining the purposes and means of processing, and that this duty applies irrespective of their legal status or any obligation to republish. A national gazette has sole responsibility for meeting the requirements of the EU General Data Protection Regulation, Regulation ( EU) 2016/679, unless national rules establish joint responsibility. Under the EU GDPR, several controllers can share responsibility for processing personal data. From the material before it, the court concluded that Belgian law had, at least implicitly, set the objectives and methods for the Moniteur Belge’s processing of personal data, thereby qualifying the gazette as a controller within the meaning of Article 4(7) GDPR. The reference arose from the Belgian Court of Appeal, which sought guidance on overall...
In this issue: EU fundamentals Banking and finance Competition and state aid Corporate Data protection and cybersecurity Free movement, immigration and employment Energy Environment Insurance and reinsurance Financial services IP Justice and home affairs Life sciences Regulatory TMT Daily and weekly news alerts Trackers New and updated content EU fundamentals Belgium’s programme for its term at the helm of the Council of the EU has been issued, outlining the presidency’s focus and overall course from 1 January to 30 June 2024. This analysis distils the central priorities for this six‑month period, mapped across the relevant Practice Areas. See News Analysis: The priorities of the Belgian presidency of the Council of the EU ( January– June 2024). The programme sets out its priorities and primary direction for the term...
Ambassadors from EU Member States have endorsed the Council of the EU’s partial mandate for negotiations on the proposed Strategic Technologies for Europe Platform ( STEP). STEP aims to bolster investment in critical technologies across digital and deep tech, clean tech and biotech, reduce the EU’s strategic dependencies and strengthen the EU’s long-term competitiveness......
The case stems from a dispute between three pharmacists Dr Hermann Vogel has brought a claim against pharmacists Holger Neubert and Michael Spiegel regarding their sale of pharmacy‑only medicines on Amazon Marketplace. Since 2017, the defendants have offered non‑prescription, pharmacy‑only products via that platform. These remedies, such as treatments for eye infections, do not require a prescription; however, they are not placed on open shelves and the dispensing pharmacist must provide advice on proper use. Alongside asking whether competitors may sue under the EU GDPR, Germany’s Federal Court of Justice has queried if order data from online purchases of pharmacy‑only medicines amounts to health data within Article 9 of the EU GDPR. In an earlier matter involving Meta Platforms, the Court of Justice confirmed that an association can bring GDPR actions, yet the EU GDPR contains no provisions enabling...
The European Banking Authority ( EBA) has issued final draft regulatory technical standards ( RTS) and final draft implementing technical standards ( ITS) on how supervisory colleges operate under the Capital Requirements Directive ( CRD). Adopted in 2015, these standards have now been revised to fully reflect the new requirements laid down......
On 18 December 2023, the EMA and HMA unveiled their 2023–2028 Multi‑ Annual AI Workplan. Designed to support the European Medicines Regulatory Network ( EMRN) — a co‑ordinated network of national competent authorities across EEA Member States working with the EMA and the European Commission — the plan encourages adoption of AI for internal regulatory activities and outlines a proposed pathway for regulatory evolution to capture AI’s promise in the medical field. Anticipated gains include higher productivity, automation of repetitive, time‑intensive tasks, and capacity to absorb and utilise far larger data sets in decision‑making. The Workplan Acknowledging that health regulators, like the regulated sector, are progressively deploying and building AI‑enabled tools, the Workplan presents a collaborative, co‑ordinated strategy for the coming five years to realise AI’s benefits in medicines regulation, while deliberately identifying and managing the attendant risks. Developed under the guidance of the HMA‑ EMA Big Data...
What are the priorities of the presidency regarding EU fundamentals? The Presidency aims to swiftly conclude the association agreements between the EU and Andorra and San Marino. It will also place strong emphasis on the Union’s readiness to absorb new members, while deepening consideration of the internal reforms needed to secure a successful enlargement in future. What are the priorities of the presidency regarding commercial initiatives? On product policy, the Belgian presidency will progress revisions to the Toy Safety Directive ( TSD) and finalise the Regulation that outlaws products made with forced labour. On consumer protection, it will conclude the Directive establishing common rules that promote the repair of goods, and keep advancing work on the proposed Green Claims Directive. The presidency will likewise make sure momentum continues on revising the Alternative Dispute Resolution Directive. Finally, it will pursue the update of the Late Payments...
The European Central Bank ( ECB) will undertake a cyber resilience stress assessment involving 109 banks under its direct supervision, with the main findings scheduled to be communicated in summer 2024. The exercise evaluates how banks respond to and recover from a cyberattack, rather than their ability to prevent one. This predominantly qualitative exercise will not have an impact on capital through......
The presidency programme for the Belgian presidency of the Council of the EU Programme has now been unveiled, outlining its priorities and overarching direction for 1 January–30 June 2024 under the presidency motto ‘protect, strengthen, prepare’ and six......
Myforest Foods Co v European Union Intellectual Property Office Case T-107/23 What are the practical implications of this case? Although the ruling does not chart new territory, it again underscores that a mark may mislead the relevant public even if some consumers would not be deceived. It further confirms that, for food products aimed at people with dietary preferences or restrictions—such as vegans and vegetarians (and potentially gluten-free, etc)—the relevant public remains the general public. As a result, vegan meat alternatives are evaluated in the same way as any other fast-moving supermarket goods. This calls for careful brand development for vegan and meat substitute ranges: where a mark includes an element (for instance, bacon) implying the very item being replaced, it risks being deceptive unless it is paired with a suitable qualifier or a clear means of distancing itself from that...
Joint industry statement on the EU AI Act On 27 November 2023, in Brussels, we—the signatory associations, representing European and international companies within the information technology sector—have been monitoring progress and developments in the inter-institutional Trilogue negotiations on the EU Artificial Intelligence Act. As these negotiations move towards finalising the Act, we wish to voice our concerns about the trajectory of the current proposals to regulate General Purpose AI ( GPAI) systems and AI foundation models, which contain divergent and ambiguous scopes and definitions. These proposals fail to recognise the complexity of the AI value chain and are misaligned with the AI Act’s technology-neutral, risk-based approach, which governs the use of AI systems according to risk, not the types as they stand now......
Meta Platforms Inc (formerly Facebook Inc) and other companies v Bundeskartellamt ECLI- EU- C-2023-537 What are the practical implications of this case? This Court of Justice ruling signals a shift in competition enforcement, centring on data-gathering practices that may weaken competition. It recognises that control over personal data is now a key competitive parameter in the digital economy, and that compliance with data protection rules helps to prevent abuse of dominance. Consequently, dominant online platforms that accumulate extensive data for personalised advertising, both on and off their services, can expect their processing to be examined by multiple regulators. The Court’s narrow reading of contractual ‘necessity’, and of Meta’s claimed legitimate interests in processing Facebook users’ data, mirrors the enforcement taken against Meta by the Irish Data Protection Authority in December 2022 (see LNB News 04/01/2023 27). It likewise aligns with obligations for firms in strong market...
ETIAS will soon mean that visa-exempt travellers can no longer rely on entirely paperwork-free, administratively unburdened short stays in the EU using only a valid passport. Although it aims to operate with maximum smoothness, ETIAS could put a spanner in the works for day-to-day corporate activity across sectors, disrupting company initiatives and their staff’s business trips. To prevent this, and to help travellers and organisations alike adjust their routines and policies to this shift, it is prudent to confront key, practical questions— What is ETIAS? Who will be impacted? Why might an ETIAS request be rejected, and how should businesses get ready? What is ETIAS? ETIAS has been years in development across the bloc and within EU institutions. The initial seed of the concept, in its earliest guise, dates to 2008 as proposals on modernising the EU’s border management system began to surface. At the same time, the...
The EU Data Act The EU Data Act seeks to hand people using Internet‑connected products, from fridges to smartphones, greater control over the information they generate. EU lawmakers approved it in June 2023 after fraught negotiations centred on safeguarding trade secrets, and it is slated for formal adoption before the close of 2023. Negotiators aimed to balance wider data access with protection of trade secrets. A study financed by the Computer and Communications Industry Association, a technology lobby, argues the package will significantly, even dramatically, reshape the landscape for digital commerce in Europe and further afield. It foresees substantial consequences for leading US digital service providers that the European Union has designated as “gatekeepers”—large platforms expected to comply with regulatory duties—as well as for these firms’ hundreds of millions of trans‑ Atlantic European business and individual customers. From the EU’s General Data Protection...
The video-sharing platform, owned by the Chinese tech company Byte Dance, counts as one of 17 VLOPs under the landmark content moderation regulation, so it falls under tougher obligations and oversight by the Commission as a result. Bing from Microsoft and Google Search from Alphabet are likewise formally labelled as VLOPs. The Commission assigned that status in April 2023. Tik Tok must comply by 28 August 2023. Tik Tok stated that users aged 13–17 will no longer receive personalised adverts derived from their activity on or beyond Tik Tok. This update applies to users in the EEA, namely the EU alongside Iceland, Liechtenstein......
On 1 June 2023, the European Commission released a refreshed HCG to give clearer guidance to rivals seeking to collaborate, including areas not covered by the 2012 HCG. A new strand targets the telecommunications sector and examines network sharing agreements ( NSAs). This analysis outlines the core points of the update and its implications for the telecommunications industry. Types of cooperation covered by the new guidance Cooperation between competitors is central to the telecommunications industry, as operators rely on one another to secure seamless connectivity between networks and often work together to extend coverage and raise service quality. NSAs are among the most common collaboration models in mobile telecommunications. They typically entail the joint deployment and sharing of mobile network infrastructure and, at times, frequency bands between mobile network operators ( MNOs). NSAs range from simpler cooperation, such as sharing passive network...
Berlin’s Data Protection Authority ( DPA) has imposed a €300,000 penalty on a Berlin-based bank for three breaches of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679......
The European Securities and Markets Authority ( ESMA) has released a public notice tackling investor protection issues stemming from derivatives linked to fractional shares. It clearly underscores that such derivatives are not company shares, and, as a result, firms ought not to employ......
The European Union Agency for the Cooperation of Energy Regulators ( ACER), together with the National Regulatory Authorities ( NRAs) of Austria, Germany and the Netherlands, are collaborating to strengthen their oversight, under the......
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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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