Tag Archives: European Commission

ILN Today Post

LUXURY GOODS NO LONGER AVAILABLE ONLINE (?), OR PROHIBITION OF ONLINE SALES IN EU?

“So they´ve restricted our online sales”. This could be a paraphrase of the well-known first line of the famous Czech novel The Good Soldier Schweik, and one that summarises the judgment of the Court of Justice of the European Union (CJEU) in a dispute between the luxury cosmetics manufacturer “Coty Germany GmbH” (Coty) and one of its distributers “Parfümerie Akzente GmbH” (Akzente) 1 , regarding the fact that Coty prohibited Akzente, as one of the members of the selective distribution network operated by Coty, from selling cosmetic products considered by Coty as luxurious, through online platforms of third parties (the “amazon.de” platform in this case) (the “Judgment”). In times when the European Commission punishes any restrictions of online sales, this Judgment is essential, even though not quite surprising.

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Still too many

In our traditional beginning-of-year review, we again counted the number of taxes levied in Hungary today. This time we got 59. Although the number of taxes has decreased by one since last year, the scale and structure of the tax system has not changed. In terms of tax revenue generated, VAT continues to top the list, bringing in approximately HUF 3,300 billion in 2016.

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European Commission also fines for a buyers’ cartel

Last week, the European Commission (EC) announced that it had imposed a fine of EUR 68 million on three companies – Campine (Belgium), Eco-Bat Technologies (U.K.) and Recylex (France) – for taking part in a cartel. The forth participant of the cartel, Johnson Controls (US), was exempted from the fine because it revealed the existence of the cartel.

Why is this EC decision relevant for other companies?

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European Commission opens investigations into practices in the electronic commerce sector

On 2 February, the European Commission launched three separate investigations into suspected anticompetitive practices of companies in the electronic commerce sector.

These actions of the Commission are a direct result of the large-scale e-commerce sector inquiry, which the Commission has been conducting since 2015. The e-commerce sector inquiry as part of the Commission’s Digital Single Market Strategy for Europe should help the Commission to answer the questions what hinders to benefit from the potential of the EU e-commerce market and prevents its growth.

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Brexit – where next?

When Julius Caesar was removed from his command by the Roman Senate in 49 BC, he uttered “Alea iacta est” (the die is cast) and crossed the Rubicon river with his troops. This step was naturally illegal under Roman law and Caesar thereby irrevocably committed himself to an act of rebellion. As a result, the phrase reproduced above is generally taken to refer to a step that will set in train an irreversible chain of events. At a later stage, Caesar met his ultimate fate at the hands of Brutus and other conspirators, on the Ides of March.

Some 2,000 years later, David Cameron’s Rubicon moment came on 20 February when, on returning from the negotiation of a new settlement with other EU Member States, he announced a firm date for a referendum on the UK’s continued membership of the EU. Matters proceeded inexorably from there, until David Cameron encountered his own Ides of March on the morning of 24 June through the referendum’s “Out” vote.

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Protecting Workers Against Occupational Cancer

In a move that aims to provide better protection for workers, the European Commission has proposed a number of changes to the Carcinogens and Mutagens Directive that will limit exposure to 13 cancer-causing chemicals at work.

According to the World Health Organisation, cancer is the second largest cause of death in most developed countries – and in the European Union cancer is the first cause of work-related deaths. Around 53% of annual work-related deaths are due to cancer, compared to 28% for circulatory diseases and 6% for respiratory diseases.

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Italy-EU: Anti-dumping investigations on China

Italy-EU: Anti-dumping investigations on China – Closed on April 20, 2016, the EU open public consultation on the expiration of the provisions affecting the Non Market Economy Status of China.

Antonello Corrado – Exp Legal Italian and International Law firm

On February 10, 2016, the European Commission has launched a public consultation (http://trade.ec.europa.eu/doclib/docs/2016/february/tradoc_154258.pdf) concerning the methodology used in the EU to hinder Chinese’s anti-dumping practices.

The EU open public consultation on the expiration of the provisions affecting the Non Market Economy Status of China and the anti-dumping investigations on that country closed on April 20, 2016.

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Nye skærpede krav til købere af betalingsrettigheder

På baggrund af nye EU-regler har NaturErhvervstyrelsen med virkning fra 2016 skærpet kravene til købere af betalingsrettigheder, som nu skal være ”aktiv landbruger”.

Den 1. januar 2016 trådte ny bekendtgørelse om direkte støtte til landbrugere på baggrund af nye EU-regler i kraft.

I europæisk sammenhæng har der været firmaer uden tilknytning til landbruget, der tjente penge på betalingsrettigheder. For at bevare formålet med støtten, fandt man det nødvendigt at skærpe kravene til købere af betalingsrettigheder. I den nye bekendtgørelse fremgår det, at betalingsrettigheder kun kan overdrages til en ”aktiv landbruger”, der er berettiget til at modtage støtte. Det indebærer krav om udøvelse af mindst én landbrugsaktivitet. 

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Nye støtteordninger til biogas

Nyt lovforslag om ændring af lov om fremme af vedvarende energi – støtteordninger til biogas træder i kraft 1. juli 2016.

Tilskud til biogasproduktion har været besluttet politisk siden Energiaftalen fra 2012, men har afventet EU-Kommissionens godkendelse, idet reglerne indebar statsstøtte. EU-Kommissionen har nu godkendt støtteordningerne for en 10-årig periode, hvorfor det fra den 1. juli 2016 bliver muligt at søge støtte til biogas.

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Updata protection: Commission’s new proposals result in a mixed bag for businesses

The European Commission has unveiled sweeping provisions to reform data protection laws which will apply to all EU countries, including the UK. A number of these have been widely trumpeted, such as the so-called “right to be forgotten”, but the proposals do represent a significant change in the way that protection thresholds will be set and in the compliance steps that businesses will need to take.

These are just proposals which now need to go through the EU legislative process, which can be expected to take a number of years to complete. However, prudent businesses will keep an eye on these proposals and start thinking about how they could be implemented in practice. More…

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