Latest updates

Air fares can be displayed in multiple currencies
Arnecke Sibeth Dabelstein
  • Aviation
  • Germany
  • 18 September 2019

The Federal Court of Justice recently requested a preliminary ruling from the European Court of Justice on the question of whether airlines are in principle entitled to choose the currencies that their air fares are listed in. Under EU law, airlines that offer flights departing from EU airports must list passenger fares; however, whether airlines have the right to choose the currencies of said listings required further clarity.

Government will allow broader use of co-pay accumulator programmes for 2020
Sidley Austin LLP
  • Healthcare & Life Sciences
  • USA
  • 18 September 2019

The Department of Health and Human Services (HHS), the Department of Labour and the Treasury have jointly announced that they will not enforce the HHS's recently finalised policy that limits private health plans' use of accumulator programmes to prescription brand drugs for which a medically appropriate generic equivalent is available. Stakeholders should remain alert to any changes in state enforcement policies and consider opportunities to engage with the administration on future revisions.

Bonus payments for Swiss employees
Rihm Rechtsanwälte
  • Employment & Benefits
  • Switzerland
  • 18 September 2019

Each year many Swiss corporate clients ask the same question: are bonus payments under an employment contract at the full discretion of employers and therefore voluntary or do employers have an enforceable financial obligation in this regard? This article addresses the factual and legal considerations which usually play a role when HR departments prepare for the yearly bonus season.

European works councils cannot slow down managerial decision making
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 18 September 2019

In the United Kingdom's first appeal case on the operation of a European works council, the Employment Appeal Tribunal (EAT) has ruled that European works councils cannot slow down managerial decision making by delaying the provision of an opinion after being informed and consulted. The EAT's decision is unsurprising but nonetheless welcome for employers.

Constructively dismissed? Maybe, but get back to work
Fasken
  • Employment & Benefits
  • Canada
  • 18 September 2019

A recent decision reaffirms that employees must return to work following a constructive dismissal to mitigate their damages where doing so would not be embarrassing, humiliating or degrading. In such cases, employers should consider whether it is appropriate to re-offer an employee the opportunity to return to work following an allegation of constructive dismissal as it can greatly limit the damages and potential liability in litigation.

Consultation on direct medical prescriptions for cannabis-based treatments
Walder Wyss
  • Healthcare & Life Sciences
  • Switzerland
  • 18 September 2019

The Federal Council recently submitted a draft amendment to the Narcotics Act for consultation that aims to facilitate patients' access to cannabis-based treatments. The revised act would allow patients to obtain direct medical prescriptions for cannabis-based treatments with a tetrahydrocannabinol content of more than 1% without having to obtain an exceptional licence from the Federal Office of Public Health.

Market access: biosimilars no longer reviewed by CADTH
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 18 September 2019

The Canadian Agency for Drugs and Technologies in Health (CADTH) recently released Issue 8 of its Pharmaceutical Reviews Update announcing revisions to its Procedure and Submission Guidelines for the CADTH Common Drug Review, among other things. The update also announced that the CADTH will no longer review biosimilars through the Common Drug Review or the pan-Canadian Oncology Drug Review.

Additional place of jurisdiction clause in ADSp 2017
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 18 September 2019

The Freight Forwarders' Standard Terms and Conditions (ADSp) are general terms of service recommended by several trade associations. In a recent non-published decision, the Dresden Higher Regional Court addressed whether, in addition to the place of jurisdiction specifications in Section 30.3 of the ADSp 2017, the place of jurisdiction rules set out in Section 30(1) of the Code of Civil Procedure also apply in legal disputes against freight forwarders.

Brazil expands its maritime border
Kincaid | Mendes Vianna Advogados
  • Shipping & Transport
  • Brazil
  • 18 September 2019

In March 2019 the UN Convention on the Law of the Sea's Commission on the Limits of the Continental Shelf partially approved Brazil's April 2015 southern margin request, which will allow Brazil to add 170,000km2 to its continental shelf in addition to its exclusive economic zone. As a result, Brazil will be able to exercise its sovereign rights for the exploitation of mineral resources and other non-living seabed resources in its expanded maritime territory.

Countdown begins: getting ready for new patented medicines pricing regime
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 18 September 2019

The long-awaited amendments to the Patented Medicines Regulations were recently published in Part II of the Canada Gazette. Major changes include the introduction of three new price regulatory factors and a revised schedule of reference countries. Although the new law will not be in force until 1 July 2020, there are immediate implications.

Airlines challenge fines by immigration office
Freidenberg Freidenberg & Lifsic
  • Aviation
  • Argentina
  • 18 September 2019

It is not unusual for immigration authorities in different countries to pursue airlines for infringements of passenger documentation requirements to enter a country. Argentina is no exception and the Immigration Authority (DNM) has been incentivised to detect passenger documentation infringements and collect fines from air carriers. However, a number of recent decisions regarding the DNM's imposition of fines in this regard could mark a turning point on this issue.

Finance leasing: from resolution to lapse
  • Shipping & Transport
  • France
  • 18 September 2019

A Court of Cassation decision relating to a finance lease agreement for a truck has brought longstanding jurisprudence in line with recent legislation. As such, finance lessors must ensure that indemnity provisions are ring-fenced and protected from the voiding of the finance lease agreement if the underlying sales contract disappears.

Supreme Court pushes ahead with expansion of e-litigation services
Ali Budiardjo, Nugroho, Reksodiputro
  • Litigation
  • Indonesia
  • 17 September 2019

The Supreme Court has issued a new regulation on e-litigation which significantly expands the scope of earlier regulations and envisages the eventual development of a full-blown electronic court system, which would mean that proceedings could be commenced, court fees paid, documents and pleadings submitted, hearings conducted and judgments pronounced electronically.

Civil procedure reform: appeal proceedings regarding questions of jurisdiction clarified
Kalliopé
  • Litigation
  • France
  • 17 September 2019

The Supreme Court recently ended a conflict between the appeal courts and clarified that for any decision rendered exclusively on a jurisdictional issue, the party that wants to appeal such decision must file a motivated statement for appeal and, more importantly, appeal to the first president of the relevant appeal court through a formal request in order to obtain a fixed date on which the case will be heard. Otherwise, the statement of appeal will be declared void.

Franchisor's change of control and its impact on renewing existing franchise contracts
Aramis Law Firm
  • Franchising
  • France
  • 17 September 2019

The Paris Court of Appeal recently held that a franchisor had not breached its duty of loyalty towards its franchisee in reorganising its business following its change of control. In the context of an internal business reorganisation, franchisors should therefore be careful in statements that they may make to franchisees, including in the pre-contractual disclosure documentation.

Pay heed to tiered dispute resolution clauses
RPC
  • Litigation
  • United Kingdom
  • 17 September 2019

The High Court recently upheld a tiered dispute resolution clause in accordance with established principles of contractual interpretation. The court ordered a stay of proceedings for mediation and, in support of the mediation, also ordered pleadings to be served in advance to optimise the prospects of a settlement. This decision continues the post-Sureterm union between commercial common sense and the plain and ordinary meaning of words.

Offshore wind extension round: seven projects progress through plan-level HRA
CMS Cameron McKenna Nabarro Olswang LLP
  • Energy & Natural Resources
  • United Kingdom
  • 16 September 2019

​The Crown Estate has confirmed that seven offshore wind extension projects will progress to the award of rights following the completion of its plan-level Habitats Regulation Assessment (HRA). Project-specific environmental assessments will be required for each site before the developers seek planning consents under the statutory planning process. Importantly, the plan-level HRA identifies mitigation measures that will be secured.

Who takes the cake? Copyright over baked goods
KISCH IP
  • Intellectual Property
  • South Africa
  • 16 September 2019

Professional and amateur bakers are often inspired by the extravagant and intricately designed cakes shown on TV shows. However, this begs the question of whether bakers can reproduce these cakes (or at least try to) without getting into trouble. Perhaps surprisingly, the answer is probably no, as these creations may be subject to copyright protection. Therefore, as with all copyright infringement, it is important to be cautious when taking inspiration from other people's creations.

Countdown begins: getting ready for new patented medicines pricing regime
Smart & Biggar
  • Intellectual Property
  • Canada
  • 16 September 2019

The long-awaited amendments to the Patented Medicines Regulations were recently published in Part II of the Canada Gazette. Major changes include the introduction of three new price regulatory factors and a revised schedule of reference countries. Although the new law will not be in force until 1 July 2020, there are immediate implications.

In the public interest? Attorney general receives backlash for confirmation appearance
Sofunde Osakwe Ogundipe & Belgore
  • White Collar Crime
  • Nigeria
  • 16 September 2019

During Federal Attorney General Abubakar Malami's recent confirmation appearance before the Senate he was asked why the administration had failed to comply with court orders and responded that they were not in the public interest. Although heavily criticised, Malami's statements are unsurprising, given how he used Executive Order 6 in his first term to indiscriminately prevent persons not accused of wrongdoing from accessing bank accounts without recourse to the courts.

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