Employment Law Case Law

In case of undertaking transfer, should collective agreement terms and conditions be fully maintained?

The scope of Article 3(3) of Directive 2001/23/EC concerning the safeguarding of employees’ rights in the event of transfers of undertakings (and more particularly the interpretation of the “terms and conditions” maintained in the event of a transfer of undertaking) was once again brought before the CJEU. The questions referred to it by the Austrian Oberster Gerichtshof concerned primarily the application of a domestic provision. According to the Austrian law, the collective ag... [Read All]

A completely new approach to the Continuous Professional Development (CPD) requirements for Solicitors in England and Wales will soon be progressively phased in. It will be available to solicitors on ...
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The so called InfoSoc Directive 2001/29 (on the harmonisation of certain aspects of copyright and related rights in the information society) provides that authors have the exclusive right to authorise...
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Contract Law Case Law

Mind the gap. Competing jurisdiction and arbitration clauses in different agreements between parties

Different jurisdiction clauses in agreements between the same parties High Court of Justice, Commercial Court


In a recent case, AmTrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014), the Commercial Court considered whether the English court had jurisdiction to grant an injunctio...
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Intellectual Property Case Law
On June 19th 2014 the CJEU handed down a decision concerning colour trade marks and their acquired distinctiveness through use (i.e. the necessary degree of consumer recognition). The Austrian bank &...
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Consumer Law Case Law
The western economic crisis has particularly affected some European countries such as Spain, thus leading to a rise in enforcement proceedings, notably mortgage enforcement proceedings. The hardship c...
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Employment Law Case Law
The Court of Justice of the European Union in its judgment in Hütter held that the Austrian legislation was contrary to the principle of equal treatment in employment and occupation on the basis ...
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Consumer Law Case Law
A little less than one year ago Germany’s Federal Constitutional Court made its very first reference to the CJEU under Art. 267 TFEU: the German Court challenged back then the legality of the Ou...
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Active Blogs

Contract Law Case Law
Post Date: 16-02-2015 - Article Date: 16-02-2015
In a recent case, AmTrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014), the Commercial Court considered whether the English court had jurisdiction to grant an injunction in circumstances where the parties had entered into a number of agreements with conflicting jurisd... [Read All] - Comments (0)
Employment Law Case Law
Post Date: 02-03-2015 - Article Date: 11-09-2014
The scope of Article 3(3) of Directive 2001/23/EC concerning the safeguarding of employees’ rights in the event of transfers of undertakings (and more particularly the interpretation of the “terms and conditions” maintained in the event of a transfer of undertaking) was once again ... [Read All] - Comments (0)
Business Law Articles
Post Date: 27-09-2012 - Article Date: 22-08-2012
  As it was before, the “composition with creditors” (art. 160, Italian Bankruptcy Act) helped too little the insolvent entrpreneurs. Not to mention the “restructuring agreements” (art. 182bis, I.B.A.). The tools provided by the legislator between 2005 and 2006, were am... [Read All] - Comments (0)