For almost all businesses today, the marketplace is now global rather than a local. This presents huge opportunities for international development. But what happens when the new customers do not pay? Are creditors forced to bring expensive proceedings in foreign jurisdictions to obtain and enforce a judgment or can they just enforce their judgment in another country?
The EU has tried to simplify the process through several different processes and regulations. This article gives a brief overview of the applicable EU rules. Each method of enforcement differs and is based on different criteria. The creditor will need to check with legal advisors which method is appropriate for enforcement of his/her particular debt.
1. Which court do I go to, to....
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The UK Bribery Act 2010 came into force on 1 July 2011 and is the most far reaching of any EU or US anti-corruption legislation. Penalties under the Act are up to ten years in prison and unlimited fines. Corporates convicted can find themselves barred from all EU Public Procurement Work.
The Act has wide extra-territorial reach and can catch organisations that are incorporated outside of the United Kingdom.
The Act applies to a "commercial organisation" which is either:
a) incorporated/formed in the UK; orb) carries on a business or part of a business in the UK.
The UK Regulator, the Serious Fraud Office, has indicated it will be looking very closely at non UK businesses to see if they are carrying on part....
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Last month, Finish member, Attorneys-at-Law Juridia Ltd successfully represented the German KSB Aktiengesellschaft - one of world's leading pump and valve manufacturers, in a dispute concerning corporate espionage and the better right to an invention.
The case was settled successfully for KSB, and the patent registered in the name of a third party was transferred to the possession and name of KSB.
....Latvian law firm KLOTINI & SERGIS is currently representing Construcciones y Auxiliar de Ferrocarriles (CAF), S.A. from Spain in the public procurement in Latvia on purchasing new rolling stock and train maintenance. CAF is one of the international market leaders in the design, manufacture, maintenance and supply of equipment and components for railway systems.
In August this year CAF was awarded the rights to enter into an agreement with Passenger Train, A.S., the only local carrier, which provides public rail transport services. With a possible total value of €610 million and duration of 30 years, this procurement qualifies as the largest tender in terms of volume with the longest performance time in the history of the country to date. The project is co-financed by the....
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In September, Andres Past Senior Partner from Concordia was invited to speak at the "Health Insurance Contract" conference, an event highlighting the choice criteria of the contracting parties to the Estonian Health Insurance Fund, as well as the legislative framework which enables and restricts it. The conference focused on the conflict between legislative framework and legitimate expectation of both past and recent partners.
Members of parliament, the Minister of Social Affairs, senior management of the Estonian Health Insurance Fund and its officials as well as heads of medical institutions were amongst the delegates.
Andres's presentation concentrated on the need to alter the procedure of entering into a medical treatment funding agreement in a manner which would....
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The publication of Lord Justice Jackson's Review of Civil Litigation Costs has sparked radical procedural reform in the Patents County Court ("PCC") aimed at addressing the problems encountered by small and medium sized enterprises ("SMEs").
First phase of reformThe first, and most significant, phase of reform took effect on 1 October 2010 when The Civil Procedure (Amendment No 2) Rules 2010 (SI 2010/1953) came into force.
Limit to costs ordersLitigants can now pursue proceedings in the PCC safe in the knowledge that, should an award for costs be made against them, their exposure is limited to £50,000, where liability is disputed, or £25,000 on an enquiry as to damages or account....
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In April this year, Norbert Mauer, a lawyer and Public Notary joined fellow Notaries Uwe Kärgel and Christian Steden at Kärgel de Maizière & Partner.
Under German law a Notary undertakes many responsibilities across a range of different areas of expertise. In real estate, any transaction relating to the purchase, registration of encumbrances etc. requires notarisation. Under corporate law, any transfer of shares of a Ltd. company, the foundation of Ltd companies and any change in the articles of association require notarisation. Finally, a Notary will draft all matrimonial contracts and wills.
In addition to his Notary services, Norbert specialises in Corporate, Real Estate and Sports law. He was also an honorary judge at the German Football Association's....
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The partners at TLT, the ELF member firm for England & Wales, have reappointed David Pester as Managing Partner and Robert Bourns as Senior Partner for their fourth consecutive terms at the helm of TLT. Both positions were uncontested by the 68-strong partnership. David and Robert will continue in their respective roles for a further three years.
David and Robert are responsible for the firm's strategic direction and development and are credited with leading the transformation of TLT from a merger of two Bristol firms, Trumps and Lawrence Tucketts, into the €46.5 million business it is today. Since their appointments in 2002, TLT has climbed 38 places in the top 100 UK law firm rankings to number 65; more than tripled turnover and headcount; and has more than doubled the....
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Last month's general meeting hosted by Danish member Lexsos Advokater and held in Copenhagen was attended by representatives from nineteen member firms. European Law Firm (ELF) also welcomed a number of guest delegates from firms interested in collaboration.
Guest firms, namely KSP Consulting from Albania, Höhne in der Maur & Partner from Austria, Milanova & Partners from Bulgaria and Legal Firm no. 11 from Russia attended the event to meet the members and get a better insight into how the network operates.
Flemming Rose, the Danish journalist, author and cultural editor of Jyllands-Posten, began Friday's general meeting with an interesting and thought provoking presentation on the "Freedom of Expression in a globalised World". In 2005, Mr Rose commissioned the....
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In the last few years, the success of eBay and the diffusion of online stores, providing goods and services at better prices than the traditional sellers has made e-commerce more and more common. Furthermore, e-commerce allows 24 hour shopping with a simple click!
However, the ease in which an e-store can be opened, may lead the owner to undervalue, amongst others, the legal issues that we briefly quote and comment in this article. The Italian legal provisions which apply to B2C e-commerce are as follows:
Towards the end of 2010, Stian Finne Lange and Geir Knutsen, partners from member firm Kco advokater applied and were admitted to the Supreme Court of Norway.
In order to appear before the Supreme Court of Norway, an applicant lawyer must perform two test cases before the Supreme Court, to have the right to be admitted on a permanent basis. The lawyer is then evaluated by the judges. On average, 20-25% of lawyers are not successful. There are approximately 5500-6000 lawyers in Norway and of those only 220 are admitted to the Supreme Court.
Admission to the Supreme Court gives lawyers a significant advantage in the competition between lawyers. Stian and Geir are now able to assist their clients in all courts throughout Norway. Geir Knutsen said, "Since being admitted,....
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On 28 December 2010, Christian Steden, President of European Law Firm and Partner of Kärgel de Maizière & Partner was sworn in as a Notary Public by the Ministry of Justice.
Under German law a Notary undertakes many responsibilities across a range of different areas of expertise. In real estate, for example, any transaction relating to the purchase, registration of encumbrances etc. requires notarisation. In corporate law, any transfer of shares of a Ltd., the foundation of Ltd companies and any change in the articles of association require notarisation. And finally, a Notary will draft matrimonial contracts and wills. A Notary does not only certify the signatures, but is also responsible for the content of the documents he notaries which differs from some other jurisdictions.
Christian....
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For many years there has been a stark difference in the treatment of pre-nuptials contracts by the English courts and by the rest of Europe. Historically the European courts have regarded a pre-nuptial contract entered into by a couple prior to the marriage as binding on them in the event of their future separation. By contrast the English courts have, in the past, regarded upholding pre-nuptial agreements as contrary to public policy. The existence of a pre-nuptial agreement was simply one the "circumstances" of the case to which the court would have regard upon dealing with a divorce.
There has over the past few years been a gradual change in England's approach to pre-nuptials and the eagerly awaited decision from the Supreme Court in Radmacher v Granatino [2010] UKSC....
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Swedish member, Lindskog Malmström has been voted winner of small full service law firm of the year by InterContinental Finance magazine in their Global Finance Awards 2010.
Lindskog Malmström's success is a result of the importance it places on its clients' businesses benefiting rather than legal technicalities. The firm is considered to have performed to exceptional levels across international regions during one of the most difficult economic periods.
The firm comprises 35 people, 13 of which are partners and is located in central Stockholm. Clients include Swedish and publicly traded companies, unlisted companies, privately owned business, trusts, associations and wealthy private individuals.
Lindskog Malmström's business is organised into four main....
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TLT has been named as one of the most innovative law firms in Europe at the Financial Times' Innovative Lawyers Awards 2010. The firm was awarded one of the highest accolades, 'stand out', within the category of efficiency for its innovative property development extranet which is designed to help developers and registered providers sell housing plots.
In its annual Innovative Lawyers report, which praises the extranet as a "good example" of how law firms can achieve efficiencies for the benefit of clients, the Financial Times states that, "In a jittery housing market the speed of transactions gives clients the edge". The bespoke extranets are giving TLT's developer clients a commercial advantage by ensuring that sales move swiftly to completion, enabling the developer to receive....
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Athens was the venue for the third general meeting of 2010 where law firms representing 22 European jurisdictions met to discuss network matters and strengthen links between members.
Ms Giedre Domkute from candidate firm AAA Baltic Service Company - Law Firm presented her firm's credentials and requested membership of European Law Firm. AAA was originally established in 1992 and is a Legal500 tier 1 rated firm for Intellectual Property. In addition to IP, the firm offers Corporate, Banking & Finance, Pharmaceutical & Healthcare, Public Procurement and Dispute Resolution law. Following questions and discussion, delegates voted unanimously in favour of accepting....
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Attorneys-at-Law Juridia Ltd has been listed as one of Finland's leading law firms specialized in intellectual property rights (IPR) on the Chambers Europe 2010 list published by Chambers & Partners.
Juridia's expertise in IPR matters was ranked at the highest level on the list published on 20 May 2010. According to Chambers, particular know-how of trademarks and experienced lawyers form the background to Juridia's success. The practice of Juridia's real estate and construction group was also rated highly by Chambers Europe 2010.
Chambers & Partners is one of the internationally most important independent organizations rating law firms. For further information, please visit the....
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Representatives from 21 member firms convened last month at the European Law Firm general meeting in Stockholm.
Following a detailed presentation from Ivo Klotins and subsequent discussion, delegates voted unanimously in favour of accepting Riga based law firm Attorneys-at-Law Klotini & Sergis as the newest member. The firm was originally established in 1992 and today offers company & civil law, international arbitration, labour, IP & publishing, land rights and criminal law advice to both domestic and international clients.
Sarah-Louise Green updated delegates on the work of Central Office and in particular the referral of work between members. Holla Advocaten (Netherlands) was the top receiver of referral work over the past quarter, while Van Landuyt &....
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Despite numerous EU directives, the way that member states have chosen to address matters relating to the incorporation and control of limited companies varies considerably from state to state. Over the past few months, European Law Firm member firms have collaborated to produce a guide for anyone wishing to incorporate a company in another European country.
This guide is intended to be a high level introduction to the procedures and rules applicable to the incorporation of a limited company in the 26 respective jurisdictions.
Since the law is constantly changing, European Law Firm recommends that local legal advice is sought to ensure up-to-date information. A list of contact details for all European Law Firm member firms is found in the booklet.
Please contact
European Law firm is looking positively to the future following the election of two new Board members and a new President at the recent General Meeting in Berlin.
Neil Meakin from UK law firm TLT stepped up to replace Chris Owen and Ferry Weelen from Dutch member Holla Poelman Van Leeuwen has taken over from founding member Paul Wertenbroek. Christian Steden from Kärgel de Maizière & Partner joins existing members Konstantinos Kostopoulos and Geir Knutsen to take on the role of President of the new Board.
One of the first tasks of the new Board will be to develop a Business Plan for ELF and establish some clear objectives for the next three years. A questionnaire has been drafted ensuring that all members have their input in this.....
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The network includes 25 commercially orientated law firms.
