From the Co-Chairs - European Regional Forum, September 2018
September 2018 From the Co-Chairs note by Patricia Gannon and Claudio Doria of the European Regional Forum.
The (new) Portuguese crowdfunding regime - European Regional Forum, July 2018
The Portuguese crowdfunding regime was approved by Law no 102/2015, of 24 August 2015 and is regulated by the Portuguese Securities’ Market Commission Regulation no 1/2016 of 5 May 2016 (applicable to investment crowdfunding).
The Italian Revenue Agency issues a ruling regulating trading in cryptocurrencies - European Regional Forum, July 2018
This article examines the tax treatment of gains from trading on virtual currencies by private investors in Italy. Although a specific statutory rule on taxation of such gains is not in force, the Revenue Agency, in an effort to address this phenomena, has clarified that cryptocurrency gains should be treated as traditional foreign currencies for tax purposes.
Financial lease under Italian law – newly introduced definition - European Regional Forum, July 2018
The Italian legislator has recently introduced an express definition for financial lease agreement (locazione finanziaria) into the Italian legal system. While the purpose is to create a more certain legal framework for such financing techniques to be commonly used in the Italian practice, it is worth underlining that legislative amendment itself gives rise to some uncertainties.
The EU FinTech Action Plan - European Regional Forum, July 2018
On 8 March 2018, the European Commission unveiled an Action Plan that envisages enabling the financial sector to make use of rapid advances in new technologies, such as blockchain, artificial intelligence and cloud services. At the same time, it seeks to make markets safer and easier to access for new players. This will benefit consumers, investors, banks and new market players alike.
After Florence - The implementation period and beyond - December 2017
An evaluation of United Kingdom Prime Minister Theresa May's speech in Florence on 22 September 2017, also considering the complexities of future trade agreements involved in the Brexit transition.
What impact will Brexit have on intellectual property rights, strategy and licence agreements?
Brexit will certainly have a legal impact on many aspects within the relationship between the EU and the UK. This includes an impact on intellectual property rights, IP strategy and licence agreements. In particular, Brexit will likely have a negative effect on EU trademarks and community designs. However, there are options for right owners to minimise or even avoid such negative effects, which will be explained in this article.
Interview with Verena Wieditz, the winner of the 2017 European Regional Forum Scholarship
Verena Wieditz, winner of the 2017 European Regional Forum Scholarship, discusses her essay’s subject matter, human rights and the EU, the IBA Annual Conference in Syndney and her best advice for young lawyers considering applying for the scholarship next year.
From the Editor – November 2017
The new editor of the IBA European Regional Forum Committee newsletter outlines the subjects covered in this issue, particularly noting the broad analysis of the legal impact of Brexit, and pointing to the featured interview with scholarship winner Verena Wieditz.
Brexit – exploring the threats and opportunities
This article explores the first consequences and developments following Brexit and gives an overview of the current situation as talks for a future trade deal come to a standstill. The UK will need to settle its position on EU citizens’ rights, the leaving bill and the Irish Border before the EU would be willing to enter into trade talks. It also explores possible future trade models and how these could impact businesses.
Might foreign investors be able to sue the UK for regulatory change that will follow Brexit?
Brexit has led to a great deal of uncertainty, but it is clear that the UK’s cession from the EU may lead to significant changes in the regulatory and investment climate. Many questions result from the upheaval, such as whether there is the potential for viable claims against the UK Government by foreign investors, and what impact Brexit will have upon investments made in the UK before the referendum.
Brexit: what next with consolidated judicial cooperation in civil matters and free movement of judgments?
Parties from all over the world choose English courts to solve their disputes under English law and one reason for this trend is the United Kingdom’s EU membership. After Brexit, does London stand a chance of maintaining its role as world leader in dispute resolution?
Submission on European Contract Law, 2011
The European Regional Forum in conjunction with the International Sales Committee set up a working group to consider and prepare their response on the Green Paper on policy options for progress towards a European Contract Law for consumers and businesses issued by the Commission of the European Union.The working group delivered the submissions on behalf of the European Regional Forum and the International Sales Committee to the European Commission in January 2011.
European Cross Border Transfers of Businesses Checklist, 2009
The International Bar Association European Forum, Closely Held and Growing Business Enterprises Committee, Employment and Industrial Relations Law Committee, and Taxes Committee jointly organised and presented a session on cross-border transfers of businesses at the IBA 2009 Annual Conference in Madrid.