Europe

Russian Ministry of Health clarified the procedure of rendering telemedicine services

At present, the direction of medicine, such as telemedicine, becomes more and more known and the number of questions about the procedure of providing medical assistance using telemedicine is also growing.

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Yew Grove Admitted to Stock Exchange

Congratulations to Yew Grove, a newly incorporated Irish Real Estate Investment Trust, that acquired the issued share capital of Yew Tree Investment Fund, which was admitted to trading to both the Alternative Investment Management, LLC of London Stock Exchange Group (LSEG) and the Euronext Enterprise Securities Market of the Irish Stock Exchange on Friday.

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Clarifications on resolution of non-use disputes against bankrupt trademark holders

On March 21, 2018, the Russian Supreme Court published its Decision in case No. A55 5711/2014, which may have a dramatic impact on resolution of trademark non-use disputes.

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NEWS FLASH – GDPR

Dear All, 

The European Data Protection Board (hereinafter “EDPB”) is a key player in data protection and privacy.

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Can final NAV decisions be re-contested?

Due to a seemingly trivial error, a series of NAV decisions are being overturned in court: a good many of them don’t contain the proper signature. This procedural error, however, could be useful not only in ongoing lawsuits, but possibly in past, closed procedures too – hundreds of businesses could claw back the tax forints they thought were lost for good.

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Limitation for contribution claims – take care

In commercial disputes, it is not unusual for the claimant’s losses to be caused (or contributed to) by a number of different parties.  For instance, the claimant may have elected to pursue the party with the deepest pockets, or the loss may have been caused by one of the defendant’s subcontractors.  In such circumstances, the defendant may be entitled to seek a contribution from these other parties under the Civil Liability (Contribution) Act 1978, either by joining them to existing proceedings or by starting a new claim.

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Escrow agreements can be structured under Russian law 1 June 2018

On 1 June 2018 comes into force the federal law1 (the “Law 212-FZ”) which allows the parties to execute escrow agreements under Russian law.

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Is software a “good”?

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply when the agent in question is engaged in respect of the sale of tangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such as computer code or software) should be aware that they may not be provided with the protections offered by the Regulations and should take steps to ensure that appropriate contractual protections are in place.

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Are we mischarging the VAT on leasing?

Following the recent reinterpretation by the European Court of Justice (ECJ) of the definition of closed-end finance leasing, a new Advocate General (AG) opinion has exploded another “VAT bomb” in relation to current practice. For many years, leasing companies have divided the fees payable under finance lease contracts into a VATable and a non-VATable part, but the latest AG opinion states that the whole lease fee should be liable for VAT in its integrity. This could have serious implications for the Hungarian leasing market too, so it is worth keeping an eye on how the case progresses.

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Heb ik een verplichting tot het stellen van zekerheid?

Zekerheid stellen voor verplichtingen die je bent aangegaan zou bijvoorbeeld kunnen bestaan uit het verpanden van bepaalde goederen of banksaldi. Nergens in de wet is bepaald dat een schuldenaar op eerste verzoek van zijn schuldeiser zekerheid moet stellen voor het nakomen van zijn verplichtingen. Hoewel de wet daartoe dus niet verplicht, kan het wel zo zijn dat partijen in een overeenkomst een dergelijke verplichting hebben neergelegd.

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