International Law

Recent Posts

Cheap Shots: EU Privacy, the USA PATRIOT Act, and Cloud Computing
Posted on 26 Feb 2013 by David Bender

For the past year or two, foreign cloud providers -- particularly some based in the EU -- have been making claims and insinuations about the scope and use of the Patriot Act in an attempt to secure a marketing advantage over their US competitors. This... Read More

Microsoft Corporation v. Commission of the European Communities
Posted on 22 May 2008 by Robin van der Hout

The European Court of First Instance has recently confirmed Microsoft's abuse of its dominant position as against European competition law. This Commentary, by Robin van der Hout, a lawyer at KRB Kemmler Rapp Bohlke (EU Law Office in Brussels) and... Read More

The Government of the Grand-Duchy Decision to Adopt the OECD Standard on Terms of Exchange of Information in Tax Matters
Posted on 25 Nov 2009 by Yann Baden

Luxembourg has long been a major banking center, but in recent years that status has been threatened by charges that its banks condone money-laundering and tax evasion. The Grand-Duchy has now moved to assuage its partners in this respect while maintaining... Read More

Potential Pitfalls under European Chemical Legislation and How to Avoid Them
Posted on 5 Dec 2008 by Drs. Thomas Gerhold & Sonja Roder

The European Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals No. 1907/2006 (REACH) adopted 1 June 2007 requires the chemicals industry and users to register to import, sell or market chemical substances in the EU by... Read More

Legal Status of a Company CEO Under Czech Law
Posted on 30 Oct 2008 by Jaroslav Skubal

This Commentary, prepared by Jaroslav Skubal, an attorney with PRK Prochzka / Randl / Kubr in Prague, describes the position of CEO under Czech law and the differences between a CEO, regulated by the Commericial Code, and the position of "top manager"... Read More

Information Exchanges Under EU Competition Law: Heading For Regulatory Overload
Posted on 9 Aug 2010 by International & Foreign Law Community Staff

by Frank L. Fine Until recently, there have been only isolated instances in which information exchanges were caught by the European Commission pursuant to Article 101(1) of the TFEU in the absence of a wider cartel. There is now a wider array of... Read More

The European Arrest Warrant: Loosening the National Ties
Posted on 10 Oct 2008 by Christina Eckes

In 2005, courts in three Member States of the European Union (Cyprus, Germany and Poland) declared void their respective national measures implementing the Council Framework Decision on the European Arrest Warrant. The Decision facilitating the extradition... Read More

Czech Republic Green Card Programme
Posted on 20 Oct 2008 by Natasa Randlova

More and more, immigration law is becoming a hot issue in the Czech Republic as the growth of foreign investors has resulted in a shortage of qualified workers. After years of strict immigration regulations, the Czech government is now enacting more flexible... Read More

The Commission's White Paper on Damages Actions for Breach of the EC Antitrust Rules in the Light of the ECJ's Manfredi Judgment
Posted on 25 Jul 2008 by Robin van der Hout

On 2 April 2008, the European Commission published its long awaited White Paper on damages actions for breach of EC antitrust rules. The Commission's document confirms the approach taken earlier by the Commission and the European Court of Justice... Read More

The New Budgetary Architecture of the EU in View of the Financial and Economic Crisis
Posted on 20 Jan 2010 by Dimitrios Skiadas

Usually, the European Union is accused of slow reflexes. The EU budgetary reaction to the global financial crisis indicated that there is scope, room, and potential for improvement. This commentary discusses the various parameters of this reaction and... Read More

Employment Termination of Top Managers Under Czech Law
Posted on 29 Oct 2008 by Tereza Erényi

Employment termination of top managers has become an issue in the Czech Republic, especially after the new Labour Code entered into force on January 1, 2007. This Commentary, prepared by Tereza Erényi, an attorney with PRK Prochzka / Randl / Kubrhe... Read More

Data Exchange Between the EU and the US
Posted on 21 May 2008 by Ann Critchell-Ward

Any organisation wishing to transfer personal data outside of the European Union must comply with the provisions of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data... Read More

The Estonian Supreme Court's Latest Word on the Substance Over Form Principle
Posted on 20 Jan 2010 by Jaak Siim

On 17 June 2009, in a case already called "the tax dispute of the century in Estonia", the Supreme Court of Estonia gave instruction on determining the existence of an intent of tax evasion. This decision is a landmark change in the Estonian... Read More

Participation Rights of Shareholders in Spanish Listed Companies
Posted on 29 Jan 2013 by International & Foreign Law Community Staff

by Alicia Sánchez On 1 August 2011, Spain amended its companies law (Ley de Sociedades de Capital) to accord with European Union law. EU Directives aim to strengthen shareholder's rights in listed companies and to ensure cross border... Read More

The European Union's Relationship with the United Nations and the World Order
Posted on 22 May 2008 by Christina Eckes

The relationship between the European Union and other international organisations has not always been easy, due to the peculiar nature of the EU. The below commentary provides analysis of the EU's relationship with the United Nations, addresses problems... Read More