Dörte Fouquet of Becker Büttner Held presented the current arbitration cases under the Energy Charter Treaty at the Vienna Forum on European Energy Law 2016
1. The current enforcement system of the Energy Community lacks effectiveness due to its political nature, lack of sanctions, and inability to directly involve private parties or allow preliminary references or direct actions.
2. Alternatives for enforcing energy law, such as relying on national courts or international arbitration, are also limited due to weak institutions, lengthy proceedings, and unsuitability for small disputes.
3. Reforming the enforcement system to establish a judicial body and revise the sanctions system could help overcome political deadlocks, allow treaty interpretation, and increase compliance with energy law.
(1) Poland has transitioned from a green certificate system for renewable energy to an auction system, with the first auctions to be held in 2016.
(2) The auction system favors technologies like biomass and small hydro that can generate electricity for over 4,000 hours per year but may limit growth of intermittent sources like wind.
(3) There is a risk of an "investment gap" between the expiration of the green certificate system in late 2015 and when the first new projects from the auction system begin generating electricity in 2017/2018.
This document discusses the legal challenges of establishing organized electricity markets and market coupling in Europe. It provides an agenda that covers the topics of the liberalization of the energy sector, security of supply as a potential threat to liberalization, results from liberalization, and conclusions. It also includes a short biography of one of the speakers, Dr. Dörte Fouquet, and discusses the history of energy market liberalization in the EU since the 1950s.
The document summarizes legal challenges in the European Union's Infrastructure Package. It discusses objectives to modernize energy infrastructure across Europe to achieve climate and energy goals. It outlines priority electricity and gas corridors, and criteria for identifying Projects of Common Interest. It also examines permit granting challenges and efforts to streamline processes to more efficiently develop cross-border energy infrastructure.
1. The current enforcement system of the Energy Community lacks effectiveness due to its political nature, lack of sanctions, and inability to directly involve private parties or allow preliminary references or direct actions.
2. Alternatives for enforcing energy law, such as relying on national courts or international arbitration, are also limited due to weak institutions, lengthy proceedings, and unsuitability for small disputes.
3. Reforming the enforcement system to establish a judicial body and revise the sanctions system could help overcome political deadlocks, allow treaty interpretation, and increase compliance with energy law.
(1) Poland has transitioned from a green certificate system for renewable energy to an auction system, with the first auctions to be held in 2016.
(2) The auction system favors technologies like biomass and small hydro that can generate electricity for over 4,000 hours per year but may limit growth of intermittent sources like wind.
(3) There is a risk of an "investment gap" between the expiration of the green certificate system in late 2015 and when the first new projects from the auction system begin generating electricity in 2017/2018.
This document discusses the legal challenges of establishing organized electricity markets and market coupling in Europe. It provides an agenda that covers the topics of the liberalization of the energy sector, security of supply as a potential threat to liberalization, results from liberalization, and conclusions. It also includes a short biography of one of the speakers, Dr. Dörte Fouquet, and discusses the history of energy market liberalization in the EU since the 1950s.
The document summarizes legal challenges in the European Union's Infrastructure Package. It discusses objectives to modernize energy infrastructure across Europe to achieve climate and energy goals. It outlines priority electricity and gas corridors, and criteria for identifying Projects of Common Interest. It also examines permit granting challenges and efforts to streamline processes to more efficiently develop cross-border energy infrastructure.
The document discusses electricity market design in the EU and emerging thinking around capacity remuneration mechanisms (CRMs). It notes that national CRMs risk undermining the common market, and that the EU is using state aid legislation and a "Blueprint" process to develop more harmonized approaches. Some initial ideas discussed include using adequacy assessments before implementing CRMs, allowing national choice but with common modeling, and ensuring CRMs include cross-border participation and are non-discriminatory. A straw man is proposed for future governance involving roles for the European Commission, Member States, ACER, and ENTSO-E, but many details require further discussion.
Jiri Horak of CEZ discussed the experiences of market liberalisation in Romania and Czech Republic and how the market should accordingly be opened in Bulgaria
Dr. Oliver Koch gave a presentation on energy policy and the internal energy market in the European Union. He discussed two major trends: the increasing Europeanization of energy markets and the rise of intermittent renewable energy sources. This presents challenges for ensuring generation adequacy and avoiding market distortions. Koch argued that pursuing further integration of the EU energy market is essential for security of supply, infrastructure planning, and lowering energy prices through competition. National policies need to be coordinated to avoid problems like loop flows that fragment the single market.
This document summarizes the views of Dennis Hesseling, Head of the Gas Department at ACER, on the completion of the internal energy market in the EU. The key points are:
1) ACER plays a central role in developing framework guidelines and network codes to harmonize rules across EU member states, though it is not itself a regulator.
2) Important milestones include finalizing the Ten-E regulation on trans-European energy infrastructure, identifying Projects of Common Interest, and strengthening regional initiatives.
3) Early implementation of network codes through regional pilot projects helps test solutions and inform the formal code development process, with a focus on capacity allocation mechanisms.
The document summarizes a presentation by Dr. Peter Gussone on recent developments in energy arbitration. It discusses the Energy Charter Treaty, which provides investment protections for energy projects. It outlines two arbitration institutions, ICSID and EACS, that hear disputes related to energy investments. It then summarizes three case studies involving arbitration claims between private energy companies and states, including Vattenfall vs. Germany and CEZ vs. Albania. The presentation concludes by considering whether the arbitration system adequately balances investor and public interests.
This document discusses the deregulation and reregulation of the British retail energy market. It provides background on the privatization and liberalization of the gas and electricity markets in the 1980s and 1990s, leading to the formation of the "Big Six" dominant energy companies. It then analyzes trends of rising prices, lack of switching by many consumers, and recent political interventions to mandate cheaper tariffs and limit complex tariff options, in an attempt to make the market fairer for consumers. The document concludes by discussing the tensions between promoting competition through switching versus protecting consumers through enforced tariff changes.
The document discusses security of gas supply in the Energy Community. It notes that gas is expected to play an increased role in meeting electricity demand in the region. The legal framework for security of gas supply in the Energy Community is based on the Energy Community Treaty and relevant EU directives. An institutional framework has been established including a Security of Supply Coordination Group. Priority gas and electricity transmission corridors are identified that will require coordinated development among multiple contracting parties. The process for identifying Projects of Common Interest and establishing regulatory and financing frameworks to support their development is outlined. Adaptation of the EU framework to the Energy Community is proposed.
Adrian Palmer gave a presentation on network codes to the Vienna Forum on European Energy Law. He discussed the status of electricity and gas network code development in the EU, noting that only one electricity code has been adopted so far. Palmer also covered key design principles of the network codes and some outstanding issues to address like renewable energy support schemes and forward trading hubs. He concluded that significant progress has been made but continued focus will be needed on code amendments to accommodate new market designs.
This document discusses cost-reflective distribution tariffs. It covers the following key points in 3 sentences:
The document discusses how distribution tariffs should cover main capital and operational costs allocated across different grid levels, and how the tariff structure should reflect cost drivers to promote efficiency. It also addresses how changes in power generation from liberalization and renewable energy integration impact cost allocation and the need for tariffs to incentivize flexibility. The conclusion is that tariff structures need to balance reflecting real costs while also incentivizing customers in a way that maintains security of supply.
This document discusses the harmonized rules and network codes for European energy regulation. It outlines the process for developing network codes through cooperation between ACER, ENTSOs, and the European Commission. It also examines the roles and competences of ACER, national regulatory authorities, and member states in implementing, monitoring, and enforcing network codes. Finally, it considers some of the legal issues around the scope, impact, and amendment of network codes.
The document discusses the status and consequences of unbundling in energy markets following liberalization. It covers:
1) The requirements for legal and functional unbundling of distribution and transmission system operators, including establishing independent corporate identities.
2) Examples of cases where operators in Austria have been certified as independent transmission or distribution system operators.
3) The penalties energy regulators can impose on operators that fail to properly legally unbundle or comply with unbundling rules, such as fines up to 10% of annual turnover.
Thomas Starlinger (formerly of Fiebinger Polak Leon) presents the opinions of the European Commission on the certification of TSOs at the Vienna Forum on European Energy Law, 2014
The document discusses electricity market design in the EU and emerging thinking around capacity remuneration mechanisms (CRMs). It notes that national CRMs risk undermining the common market, and that the EU is using state aid legislation and a "Blueprint" process to develop more harmonized approaches. Some initial ideas discussed include using adequacy assessments before implementing CRMs, allowing national choice but with common modeling, and ensuring CRMs include cross-border participation and are non-discriminatory. A straw man is proposed for future governance involving roles for the European Commission, Member States, ACER, and ENTSO-E, but many details require further discussion.
Jiri Horak of CEZ discussed the experiences of market liberalisation in Romania and Czech Republic and how the market should accordingly be opened in Bulgaria
Dr. Oliver Koch gave a presentation on energy policy and the internal energy market in the European Union. He discussed two major trends: the increasing Europeanization of energy markets and the rise of intermittent renewable energy sources. This presents challenges for ensuring generation adequacy and avoiding market distortions. Koch argued that pursuing further integration of the EU energy market is essential for security of supply, infrastructure planning, and lowering energy prices through competition. National policies need to be coordinated to avoid problems like loop flows that fragment the single market.
This document summarizes the views of Dennis Hesseling, Head of the Gas Department at ACER, on the completion of the internal energy market in the EU. The key points are:
1) ACER plays a central role in developing framework guidelines and network codes to harmonize rules across EU member states, though it is not itself a regulator.
2) Important milestones include finalizing the Ten-E regulation on trans-European energy infrastructure, identifying Projects of Common Interest, and strengthening regional initiatives.
3) Early implementation of network codes through regional pilot projects helps test solutions and inform the formal code development process, with a focus on capacity allocation mechanisms.
The document summarizes a presentation by Dr. Peter Gussone on recent developments in energy arbitration. It discusses the Energy Charter Treaty, which provides investment protections for energy projects. It outlines two arbitration institutions, ICSID and EACS, that hear disputes related to energy investments. It then summarizes three case studies involving arbitration claims between private energy companies and states, including Vattenfall vs. Germany and CEZ vs. Albania. The presentation concludes by considering whether the arbitration system adequately balances investor and public interests.
This document discusses the deregulation and reregulation of the British retail energy market. It provides background on the privatization and liberalization of the gas and electricity markets in the 1980s and 1990s, leading to the formation of the "Big Six" dominant energy companies. It then analyzes trends of rising prices, lack of switching by many consumers, and recent political interventions to mandate cheaper tariffs and limit complex tariff options, in an attempt to make the market fairer for consumers. The document concludes by discussing the tensions between promoting competition through switching versus protecting consumers through enforced tariff changes.
The document discusses security of gas supply in the Energy Community. It notes that gas is expected to play an increased role in meeting electricity demand in the region. The legal framework for security of gas supply in the Energy Community is based on the Energy Community Treaty and relevant EU directives. An institutional framework has been established including a Security of Supply Coordination Group. Priority gas and electricity transmission corridors are identified that will require coordinated development among multiple contracting parties. The process for identifying Projects of Common Interest and establishing regulatory and financing frameworks to support their development is outlined. Adaptation of the EU framework to the Energy Community is proposed.
Adrian Palmer gave a presentation on network codes to the Vienna Forum on European Energy Law. He discussed the status of electricity and gas network code development in the EU, noting that only one electricity code has been adopted so far. Palmer also covered key design principles of the network codes and some outstanding issues to address like renewable energy support schemes and forward trading hubs. He concluded that significant progress has been made but continued focus will be needed on code amendments to accommodate new market designs.
This document discusses cost-reflective distribution tariffs. It covers the following key points in 3 sentences:
The document discusses how distribution tariffs should cover main capital and operational costs allocated across different grid levels, and how the tariff structure should reflect cost drivers to promote efficiency. It also addresses how changes in power generation from liberalization and renewable energy integration impact cost allocation and the need for tariffs to incentivize flexibility. The conclusion is that tariff structures need to balance reflecting real costs while also incentivizing customers in a way that maintains security of supply.
This document discusses the harmonized rules and network codes for European energy regulation. It outlines the process for developing network codes through cooperation between ACER, ENTSOs, and the European Commission. It also examines the roles and competences of ACER, national regulatory authorities, and member states in implementing, monitoring, and enforcing network codes. Finally, it considers some of the legal issues around the scope, impact, and amendment of network codes.
The document discusses the status and consequences of unbundling in energy markets following liberalization. It covers:
1) The requirements for legal and functional unbundling of distribution and transmission system operators, including establishing independent corporate identities.
2) Examples of cases where operators in Austria have been certified as independent transmission or distribution system operators.
3) The penalties energy regulators can impose on operators that fail to properly legally unbundle or comply with unbundling rules, such as fines up to 10% of annual turnover.
Thomas Starlinger (formerly of Fiebinger Polak Leon) presents the opinions of the European Commission on the certification of TSOs at the Vienna Forum on European Energy Law, 2014
This short document promotes creating presentations using Haiku Deck on SlideShare. It encourages the reader to get started making their own Haiku Deck presentation by simply clicking the "GET STARTED" prompt. In just one sentence, it pitches presentation creation using Haiku Deck on SlideShare's platform.
The ICC International Court of Arbitration has announced strong growth in 2015—underscoring the ICC Court’s position as the world’s leading arbitral institution.
Read more > http://bit.ly/ICCcourtStats2015
The document summarizes an upcoming conference on resolving energy disputes through arbitration. The conference will take place on April 28, 2017 in Houston, Texas and is presented by the Chartered Institute of Arbitrators. It will include sessions on navigating enforcement of arbitration awards globally, selecting appropriate arbitrators, managing complex "mega cases," and advocating effectively in energy arbitration. Pre-conference events on April 27 will discuss diversity in arbitration and welcome attendees.
This document summarizes a presentation given by Vitaliy Radchenko on legal battles between Russia and Ukraine. It outlines several ongoing legal disputes and arbitrations between the two countries related to events since the 2014 Ukrainian revolution and Russian annexation of Crimea. Key cases discussed include Ukraine suing Russia in European courts over Crimea and conflicts in Eastern Ukraine, and arbitrations between Naftogaz and Gazprom over natural gas supply and transit contracts. The presentation analyzes the parties' arguments and the implications of the outcomes.
Recent developments in the field of VAT: a view from the European CommissionDLA Piper Nederland N.V.
This workshop has been held at Legal Business Day on 8 September 2011.
This presentation takes you through the future of VAT from an EU perspective, giving detailed background information on the future VAT reforms and insight into what can be expected in the future VAT framework in Europe. Special attention is paid to the practical implications of the new European Council Regulation clarifying the existing VAT rules.
During this workshop DLA Piper specialists shared information concerning the key decision makers in Europe and the value of early participation in the legislative process for your business. A case study was presented, which focuses on the practical issues you may face if your business were to get involved in the legislative process.
Jan Ole Voß "Civil society analyze of Directives requirements on public info...Nuclear-Transparency-Watch
This document summarizes a presentation on the civil society analysis of public information requirements in the Basic Safety Standards Directive. It discusses the key provisions around public information in Articles 70 and 71 of the Directive and Annex XII. It also examines examples of implementation in Germany, France and Belgium, noting some criticism around the need for greater involvement of civil society in emergency planning and transparency. The presentation concludes by looking at trends toward increased public participation and accessibility of information.
Some advice to fashion and luxury businesses, from a barrister and solicitors practising in England & Wales and France, as well as a lawyer practising in Germany, specialising in intellectual property, on the practical steps to take in order to enforce one’s IPRS in France, Germany and the UK.
Holger Alt, ialci Member of the Executive Committee - responsible for Germany – and Partner, von Boetticher
Enforcing IPRs: a European concise guide for luxury and fashion businesses - ...Annabelle Gauberti
Some advice to fashion and luxury businesses, from a barrister and solicitors practising in England & Wales and France, as well as a lawyer practising in Germany, specialising in intellectual property, on the practical steps to take in order to enforce one’s IPRS in France, Germany and the UK.
Holger Alt, ialci Member of the Executive Committee - responsible for Germany – and Partner, von Boetticher
Case alert - Iberdrola Advocate General's opinionGraham Brearley
This document summarizes an opinion issued by Advocate General Kokott regarding whether a developer in Bulgaria could reclaim VAT incurred when upgrading a water treatment plant owned by a local Municipality. The developer had agreed to upgrade the plant at its own expense in order to develop an adjacent holiday park. AG Kokott concluded that the VAT incurred by the developer is not reclaimable, as the direct link is between the costs and the free supply of upgrading services made to the Municipality, not the developer's taxable business activities. This opinion contrasts with the accepted treatment in the UK, where such development costs would be considered an overhead of the business.
This document discusses the importance of property rights law for commercial development in Kosovo. It analyzes research finding major deficiencies in Kosovo's current property rights law. Approximately 62,000 property disputes are pending in courts, freezing €3.125 billion in assets. The document argues that redrafting property rights law to clearly define ownership would attract investment, allow business growth, and unlock frozen assets, outweighing costs of implementation. Political will is needed from government institutions to fund and enact changes.
News has been published for readers with a business interest in Germany. This newsletter informs about latest changes in tax and legal issues including changes in real estate transfer tax, State aid proceedings against Germany by the EU Commission, clarification regarding certifications performed by foreign notaries, etc.
This document summarizes transfer pricing case law in Europe from 2007 to 2013. It discusses several court cases from countries like the Netherlands, Spain, and the UK that relate to issues like intercompany loans, royalties, captive insurance, and sale of goods. The key issues addressed are whether related party transactions and pricing were consistent with the arm's length principle and if the arrangements had economic substance rather than just tax avoidance motives. The document provides an overview of transfer pricing regulations and guidelines in Europe.
HMRC responded to concerns raised in its Making Tax Digital consultation. It will allow continued spreadsheet use, quarterly reporting for some businesses, and free software. Charities will be exempt and partnerships above £10M have a deferred start until 2020. Commentators say HMRC is listening to stakeholders but businesses should still prepare for changes.
A European court case determined that a holding company cannot reclaim VAT without making charges for management services, as there was no economic activity.
Another DIY builder's VAT refund claim was rejected because planning permission did not allow for separate dwelling use, a legal requirement.
Creators & Presenters:
Jill Bainbridge; Blake Morgan LLP (Southampton, England - TAGLaw)
Andre Haug; Rowedder Zimmermann Hass (Mannheim, Germany - TAGLaw)
Lutgarde Eraly; Marx Van Ranst Vermeersch & Partners (Belgium - TAGLaw)
This session will provide a critical update on the proposed European patent with unitary effect. Co-presenters from various parts of Europe will provide insights into what will be covered and where, the advantages and disadvantages of the Unitary Patent and a detailed look at how the Unified Patent Court will be structured. Members in attendance from around the world will benefit from the knowledge they will gain and will be able to help their clients plan their global patent strategies.
Cross-border renewables auctions: Germany’s opening of the EEGLeonardo ENERGY
With the Renewable Energy Sources Act 2014 (EEG 2014), the German government has introduced the goal of opening 5 percent of the yearly installed renewables capacity to installations from other EU Member States. In 2016, a first cross-border pilot auction for ground-mounted PV will be conducted between Germany and Denmark for test purposes.
Ecofys leads a consortium that supports the Germany Ministry of Economic Affairs and Energy on the implementation of cross-border auctions. The webinar will present the provisions of the German pilot opening of RES auctions and the functioning of the Danish-German test case. In addition, other possible models for cross-border auctions will be presented.
"Overview of Espoo and Aarhus conventions obligations in the nuclear sector" ...Nuclear-Transparency-Watch
"Overview of Espoo and Aarhus conventions obligations in the nuclear sector"
by Dr. Doerte Fouquet, Becker Buttoner Held
CONFERENCE “Public participation in the nuclear sector” – The Espoo and Aarhus conventions
http://www.nuclear-transparency-watch.eu/a-la-une/conference-public-participation-in-the-nuclear-sector-the-espoo-and-aarhus-conventions.html
1. The document discusses several European court cases related to transfer pricing between 2010-2007. Key issues involved royalty payments, intercompany loans, intellectual property transfers.
2. Courts disallowed deductions for royalty payments when documentation and economic substance was lacking. Intercompany loans were ruled non-arm's length when no reasonable third party would have extended the loan.
3. Landmark cases included disallowing royalty deductions to Liechtenstein entities and recharacterizing intercompany loans as equity. Commissionaire structures and customs values were also addressed.
The Supreme Court referred the VWFS case to the European Court of Justice to determine if VAT incurred on overheads can be apportioned between taxable and exempt supplies under EU law. The Advocate General issued opinions in two other cases. In the first case, the AG found that importers may be entitled to duty refunds going back three years if goods were later found faulty. In the second case, the AG disagreed with a previous opinion and found that banks and insurers could form cost sharing groups for VAT purposes.
20150202 bunk-alliance RA-GmbH anonymous_enBunk, Artur
The document provides information about the law firm bunk-alliance Rechtsanwaltsgesellschaft mbH. It lists the firm's offices in Berlin, Worms, Frankfurt, and Warsaw. It identifies the executive directors and attorneys. The firm's practice areas include M&A transactions, corporate law, finance and banking law, international tax law, intellectual property law, and unfair competition.
The Supreme Court heard the case of Littlewoods & Ors v HMRC, which centered around whether taxpayers are entitled to interest above the statutory interest rate for VAT overpayments under EU law. Littlewoods argued it was due over £1 billion in additional interest, while HMRC believes the statutory rate satisfies adequate indemnity. The court signaled it would either agree with HMRC or refer the issue to the European Court of Justice for clarification. Additionally, a tribunal ruled supplies by a university student union were taxable, and an advocate general found German law treating health insurers differently for VAT violated the principle of fiscal neutrality.
The Court of Justice of the European Union issued two judgments relating to input VAT deductions. In Senatex GmbH, the German tax authority disallowed a deduction because invoices lacked VAT identification numbers, but the CJEU ruled this violated the taxpayer's fundamental right of deduction. In Barlis 06, the Portuguese tax authority disallowed a deduction due to insufficient service descriptions on invoices, but the CJEU said failure to meet a formal condition should not preclude deduction if substantive conditions are met. Additionally, the Upper Tribunal preliminarily ruled that treating local authority waste collection as outside VAT scope did not violate neutrality principles since authorities provide such services under a special legal regime.
The Court of Appeal unanimously dismissed HMRC's appeal in its ongoing battle with the Open University over VAT charges on services provided by the BBC. The Court ruled the BBC, as a public body with educational aims, qualified for VAT exemption when providing services to the OU. Additionally, the Advocate General issued an opinion that VAT is due on goods retained when a business ceases, even if the input tax adjustment period has expired. Finally, the Tax Tribunal ruled Air France must pay the higher APD rate for its Premium Economy flights, as those were not the lowest class of travel available.
Access the full Training Overview for the Florence School of Regulation's upcoming trainings on energy regulation, including residential training in Florence and Brussels, online courses, and a blend of both!
The document discusses challenges facing the European gas market. It notes a widening gap between forecasted gas demand and supply capacity in the EU by the late 2020s if no action is taken. Political challenges include a restrictive regulatory framework that disadvantages gas compared to other energy sources like renewables. The document advocates for a liberalized but not overregulated gas market in Europe that promotes gas and enables infrastructure development to ensure secure supply. It argues gas will remain an important fuel through 2035 and that supporting its role in decarbonization efforts can benefit the future energy mix.
The document discusses resource policy versus energy policy with regards to gas contracts between producing and consuming states. It notes that for producing states, gas contracts are about resource policy, while for consuming states they are about energy policy. It then compares the policies of the United States and European Union. Finally, it raises questions about how producing countries can address security of supply as unconventional gas sources grow, discussing options like national supply reservation and developing national expertise.
This document discusses the unbundling requirements for energy companies in Europe according to EU directives. It addresses which entities must be unbundled, including transmission system operators, distribution system operators, and storage system operators. It examines the types of unbundling required, including legal, management, and ownership unbundling. It also discusses additional criteria the European Commission examines for ownership unbundling models, such as geographic scope of investments and potential for discrimination. Financial relations between transmission system operators and vertically integrated utilities are also addressed.
The document summarizes the background of changes to German energy policy after Fukushima, including the faster phase-out of nuclear power and increased reliance on renewable energy sources. It then examines a German regulation that exempts large energy consumers from grid fees if they exceed certain usage thresholds. There is an ongoing debate over whether this exemption constitutes illegal state aid under EU law. The document analyzes previous ECJ rulings and argues that the exemption likely meets the definition of state aid since it is administered by the state on a case-by-case basis through a mechanism that involves state resources. If the European Commission agrees, there could be legal consequences for Germany and energy companies that benefited from the exemption.
Macquarie Infrastructure and Real Assets manages $78 billion of assets in 23 countries across various infrastructure sectors including transportation, utilities, communications, and others. Global infrastructure investment needs are estimated to be $67 trillion over the next 18 years but constrained public budgets and debt availability pose challenges to funding. Pension funds hold $65 trillion but invest less than 5% in alternatives like infrastructure due to liquidity concerns. The new European energy infrastructure investment law could unintentionally prevent Macquarie from investing if it does not recognize the differences between strategic and fund managers.
This document summarizes a presentation on the limitations of Member State intervention in energy price regulation under EU law. It discusses how price regulation can undermine market competition if maintained at a low level. While some intervention may be allowed to protect vulnerable customers, the EU Court of Justice has ruled it must be transitory, limited in scope, and comply with criteria for public service obligations. The Energy Community Secretariat has issued recommendations for Contracting Parties on aligning their price regulations with these principles and monitoring market conditions to ensure interventions remain justified. In conclusion, price regulation should only be an exception and not prevent effective competition in energy markets.
The document discusses gas supply issues in Europe and proposes a transparency regime. It notes that Russia has significant surplus pipeline capacity to export gas to the EU but only exported around 113 billion cubic meters physically in 2012 despite contracted volumes of around 158 billion cubic meters for 2020-2025. It provides the example of future gas supply to Lithuania being at risk of interruption. The document proposes a scheme called the Energy Transparency Regime for Gas based on online data interchange of pipeline pressure, incoming volumes, and outgoing volumes as an early warning mechanism to increase transparency of gas flows between producers, transmitters, and consumers.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018