Europe

Landsholdsspiller – ansættelsesretlig status?

Uden ellers at ville blande mig i den igangværende konflikt mellem kvindefoldboldlandsholdet og DBU om en fremtidig landsholdsaftale og spørgsmålet om landsholdsspillernes eventuelle status som lønmodtagere, vil jeg knytte nogle ansættelsesretlige bemærkninger til problemstillingen.

Hvem er lønmodtager i traditionel forstand?
Ansættelsesretligt findes der ingen generel lovbestemt definition på lønmodtagere. Speciallovgivningen opererer derimod med definitioner, der ikke er fuldt ud parallelle. Disse specialbestemmelser findes primært i relation til skatteretlige og social-/pensionsretlige forhold. Personer der indtager lønmodtagerstatus har ofte, i forhold til ikke-lønmodtagere, en række rettigheder, der ikke kan fratages lønmodtagerne ved individuel (ansættelses)aftale.

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Udlejning af lejebolig til Airbnb

Airbnb er meget oppe i medierne for tiden, særligt efter Københavns overborgmester Frank Jensen har udtalt, at han vil sætte loft for, hvor mange nætter pr. år man må udleje sin bolig til Airbnb-gæster. Men er det overhovedet tilladt at udleje sin lejebolig til Airbnb?

Det er blevet populært at udleje sin bolig til Airbnb, men personer der bor til leje bør være opmærksomme på, at det kan være i strid med lejelovgivningen og lejekontrakten at udleje via platformen.

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Internal investigations and the limits of privilege

The High Court recently ruled, in a landmark case brought by the Serious Fraud Office (SFO), that the Eurasian Natural Resources Corporation (ENRC) must hand over documents generated by an internal investigation by the company, including notes taken by lawyers of interviews with ENRC’s employees.

The SFO’s application was made in the course of its ongoing criminal investigation relating to ENRC’s activities in Kazakhstan and Africa. As part of its investigation, the SFO sought to compel ENRC to produce a range of documents which ENRC claimed were protected by litigation privilege. However, ENRC’s argument failed at the first hurdle.

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Trademark infringement within the European Union: the EU Court of Justice provides the official definition of an establishment for the purpose of finding the competent Judge

Trademark infringement within the European Union: the EU Court of Justice provides the official definition of an establishment for the purpose of finding the competent Judge
Authors: Maria Grazia Cavallo, Emanuele Cretaro In order to define the competent jurisdiction for the…
Maria Grazia Cavallo Marincola
Emanuele Cretaro

This is what the EU Court of Justice has affirmed in a recent decision of 18 May 2017, in the proceeding C-617/151.

The proceeding originated from a trademark infringement appeal promoted by the Danish company Hummel against Nike and Nike Retail (companies of the same group) for an alleged infringement of an international trademark by the US giant.

 

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Can you disinherit your children if you want to?

You may recall that, a couple of years ago, the English press was full of reports of the Will case of Ilott v Mitson.  (For some background on the case, see my 2015 and 2017 blogs about it.) 

The case was of interest to any testator who is considering cutting out children from their Will.  However the Ilott case has now been applied in the more recent case of Nahajec v Fowle [2017] EW Misc 11 (CC), in which another impecunious child applied to the court and was successful in obtaining provision from her father’s estate, contrary to her father’s express wish that she should receive nothing.  So what can the Nahajec case teach us about whether it is possible, even, for parents to successfully exclude adult children from receiving any inheritance from them?
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Assisting at the Pieta 100 Cycle

We were delighted to once again support Pieta House in their recent Pieta 100 Cycle. Volunteers from HOMS Solicitors manned refreshment stations along the routes with Sarah Falvey, Mark Culhane and John Ringrose assisting at Highfield RFC, Cork. Robert Bourke, Maria Gleeson, Michelle Thompson and Siobháin Phayer handed out well earned refreshments in the carpark of Jack Quinn’s Pub, Trim. Rachael Shaughnessy and Nicola Hackett kept the cyclists going at the Limerick Brothers of Charity stand in Newcastle West, Limerick.

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TGS Baltic Estonia is the most attractive employer among law students

Employer branding agency Instar conducted an employer reputation study among 5500 students. Law firm TGS Baltic was voted the most attractive employer by law students.

The top three most sought-after employers for law students included the Supreme Court and the Ministry of Justice. Skype was ranked as the overall most attractive employer in Estonia for the sixth time in a row.

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Latvia: Inese Hazenfusa comments on the Regulatory Sandbox for Fintech Companies

On September 5, 2017 in the newspaper Dienas Bizness Inese Hazenfusa, Partner at TGS Baltic, comments on the regulatory sandbox for financial technology companies or fintech companies. Among other things, Inese states that the regulatory sandbox is a safe place, where an entrepreneur may try one’s innovative ideas and solutions in real life within the existing regulatory framework and in close communication with the state supervisor of the respective field. Thus, it creates possibility to identify potential risks on time and to prevent them.

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Lithuanian regulation has been finally harmonized with the market abuse regulation

Mantas Gofmanas, TGS Baltic Senior Associate

As the Board of the Bank of Lithuania adopted new Information Disclosure Rules (the “Rules”), the Lithuanian national regulation in connection with prevention of market abuse, disclosure of inside information, disclosure of information about managers’ transactions, also regulation in connection with persons in possession of inside information, etc., has been finally fully harmonised with requirements of Regulation No. 596/2014 on market abuse (the “MAR”) and related regulatory technical standards and implementing technical standards.

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Spotlight Award Book of Lists 2017/2018 Received by Kochański Zięba & Partners

Kochański Zięba & Partners law firm have received the SPOTLIGHT AWARD BOOK OF LISTS 2017/2018 WARSAW BUSINESS JOURNAL in the category: leading mergers and acquisitions advisory firm. KZP is recognized for exemplary advisory services provided to Redefine Properties Limited, South Africa-based real estate investment trust listed in the Johannesburg stock exchange market, during the acquisition of 75% of shares in Echo Prime Properties B.V. from Echo Investment S.A. The transaction value, the largest in the history of the Polish real estate market, amounted to PLN 5.3 billion.

According to the Jury, Kochański Zięba & Partners have once again demonstrated their expert knowledge of the legal aspects of international mergers and acquisitions as well as displaying an extraordinary knowledge of the commercial real estate market.

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