In recent years, the number of cases brought before the Court of Justice of the European Union (CJEU) has significantly increased. To address this, the European Council has adopted changes that should give the CJEU considerably more flexibility in how it handles certain preliminary ruling requests, and in particular those relating to international trade issues.
European Union (EU)
The EU CBAM Transitional Period Begins: A Practical Guide for EU Importers
- Key takeaway #1 The CBAM is an important element of the EU’s green agenda efforts, and the current transitional period should serve the purpose of learning and improving the CBAM scheme.
- Key takeaway #2 The CBAM provides for a complex set of calculation methodologies with the possibility to use under
New EU/UK Restrictions on Russian-origin Iron and Steel Products
From September 30, 2023, new EU and UK sanctions will come into effect targeting the imports of specified iron and steel products which are processed in third countries and incorporate Russian-origin iron and steel inputs. Importers will need to declare upon import whether the imported goods are compliant (and be prepared to provide evidence demonstrating…
How to Meet the New Notification Obligations Under the EU Foreign Subsidies Regulation
- Key takeaway #1 As of October 12, 2023, companies active in the EU have to notify foreign financial contributions (FFCs) received from third countries to the Commission, when they engage in large M&A transactions or participate in high-value public procurements. Pending the Commission’s review of such notifications, a standstill obligation
Reforming the Union Customs Code: a proposal from the European Commission towards harmonizing European Union customs digitalization
- Key takeaway #1 The European Commission has proposed reforming the Union Customs Code to strengthen the legal framework for customs and bring it into line with recent changes in IT technologies and e-commerce while improving the harmonization of EU customs rules.
- Key takeaway #2 In principle, customs digitalization should be
EU Considers Adding More Teeth to Sanctions Enforcement with Adoption of Draft Law Criminalizing Sanctions Evasion
- In a move that could lead to the quasi-harmonization between Member States of certain aspects of criminal law, the EU institutions are currently considering a new law that would criminalize sanctions evasion.
- Following the creation of the European Public Prosecutor’s Office (EPPO) in 2021, members of the European Parliament are now seeking the
AG Tamara Capeta Calls for the Extension of the EU FDI Screening Regulation Scope Ahead of the Regulation’s Revision
Tamara Capeta, Advocate General of the Court of Justice of the European Union, has given her opinion regarding the scope of the EU Foreign Direct Investment Screening Regulation. AG Capeta considers the Regulation to cover not only acquisitions by foreign (non-EU) investors, but also the acquisition of one EU undertaking by another, if the acquirer…
EU Challenges China’s Anti-Suit Injunctions at the WTO
The European Union has filed a legal challenge before the World Trade Organization against China’s use of “anti-suit injunctions” (ASIs) to restrict EU holders from enforcing standard-essential patents against Chinese companies in any non-Chinese court. The EU’s request for the establishment of a WTO panel challenges Chinese court-issued ASIs as they “forbid patent holders to…
Sanctions/Export Highlights [As of April 28, 2022]
Russia Sanctions: There were limited developments this week. There has been speculation that the EU would release its sixth round of sanctions against Russia, but no updates have been reported thus far. The new package of sanctions is still expected soon. The U.S. and UK also did not expand their list of designations this…
European Commission Issues a Proposal for a Directive on Corporate Sustainability Due Diligence
On February 23, 2022, the European Commission adopted a new proposal for a directive on corporate sustainability due diligence. The proposed directive specifically focuses on corporate responsibility in global supply chains with regards to human rights – such as child and forced labor – and the environment. This proposed directive comes nearly a year after…