Europe

New Requirements for Production and Sales of Organic Products

The Federal Law No. 280-FZ “On Organic Products and Amendments to Certain Legal Regulatory Acts of the Russian Federation” (“Law”), which regulates the production, storage, transporting, labeling and sales of the organic products, was officially published on 03.08.20181.

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Russian IP Court compelled domain name registrars to remove illegal content reported by trademark holders

On 4 July 2018, Russian IP Court rendered a landmark judgment in case No. A40-132026/2017.

Under the merits of the case, LLC Azbuka Vkusa (trademark holder) sued LLC Registrator R01 (prominent domain registrar) seeking to cease delegation of the disputed domain name. It was apparent that the claimant’s trademark AZBUKA VKUSA was infringed in the domain name azbuka-vkusa-nim.ru and website content.

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The Supreme Court of the Russian Federation clarified specifics of employment by individuals and small and medium-sized businesses

On 29 May 2018, the Supreme Court of the Russian Federation issued the Decree of the Plenum N 15 where clarified issues concerning regulation of labor relations with employers – individuals both with and without sole proprietors’ status, as well as with employers – small business entity. The Decree clarifies provisions of Chapter 48 and Chapter 48.1 of the Labor Code of the Russian Federation dedicated to issues regarding regulation of labor between the above mentioned parties.

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The Challenges of Cases Involving Lay Litigants and McKenzie Friends

High Court litigation can often tend to be costly, complex and time-consuming; against this backdrop, together with the economic crisis and its ripple effects, there has been a significant increase in the number of lay litigants – that is, parties representing themselves in court – handling their own affairs in court . Last year, there were 641 cases listed on the High Court plenary list involving lay litigants on at least one side. This represented one in 20 of cases on the list. In 2014, there were 420 such cases. One-third of cases before the Court of Appeal involve lay litigants.

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Tackling the Crippling Cost of Insurance

In Brief: Significant recommendations and 29 associated actions to stabilise employer and public liability insurance costs have been published by The Cost of Insurance Working Group (CIWG). Key proposals include:- Encouraging transparency through the establishment of an insurance price index; Limiting personal injuries awards; and Formulating guidelines on suspected fraudulent claims.

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Creation of Courts of Cassation and Appellate Courts

On 30 July 2018, the Federal Constitutional Law № 1 FKZ “On amending the Federal Constitutional law «On the Judicial System of the Russian Federation» and certain Federal Constitutional Laws in regard to creating general jurisdiction courts of cassation and general jurisdiction appellate courts” dated 29 July 2018 was published. In respect thereof, the system of judicial review is changing. According to the new law, the judicial system will be as follows:

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Refining the band of reasonable responses test – an insight into fair dismissals

In this briefing we look at two recent Employment Appeal Tribunal (EAT) decisions relevant to dismissal:  In the first, Quintiles Commercial UK Ltd v Barongo, the EAT considered whether an Employment Tribunal had been correct in deciding that a dismissal for a first offence of misconduct had been automatically unfair where the conduct in question had been serious, but not “gross”, misconduct; Afzal v East London Pizza Ltd T/A Dominos Pizza, on the other hand, addressed the crucial question of whether the ACAS Code of Practice on Disciplinary and Grievance Procedures has wider application to dismissals for some other substantial reason.

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Open season for VAT number shopping?

In its judgement passed a few weeks ago, the treatment of European Court of Justice (ECJ) was flexible in the interpretation of the VAT “triangular transactions”. While this decision in favour of the taxpayer creates a tax planning opportunity for businesses involved in international trade of goods, it pays off to be cautions on the other side.

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Employee awarded €7,500 for excessive working hours

A Labour Court decision has highlighted the obligation on employers to ensure that employees do not work more than their statutory maximum working hours. Paul Gough takes a look at the case.

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Feeling the chill in Europe

A new European regulation permits court orders to freeze bank accounts in Europe to enable cross-border recovery of debts. The European Account Preservation Order (“EAPO”) Regulation came into effect on 18th January 2017 and applies in all EU Member States except the UK and Denmark.

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