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Review of Ukrainian Supreme Court’s decisions for 05/12/2024

Case No. 638/12275/18 dated 27/11/2024 Subject of Dispute: Accusation of a commercial court judge of abuse of power when considering a commercial case regarding debt recovery and a counterclaim for gas transfer obligation. Main Court Arguments: 1. At the time of case consideration, there was ambiguous judicial practice regarding determining the property or non-property nature of claims and,…

Case No. 186/871/14-c dated 13/11/2024

The court concluded that a ruling on refusal to issue a duplicate of an executive document cannot be grounds for closing proceedings in a new case regarding the issuance of a duplicate. The court emphasized that the consideration of procedural issues related to the execution of court decisions constitutes ongoing legal relations until the complete…

Draft Law on Ratification of the Agreement between Ukraine and the European Union on the Implementation of the Credit Cooperation Mechanism for Ukraine

Law Project Analysis: Essence of the Law Project The draft law provides for the ratification of the Agreement between Ukraine and the European Union on the Implementation of a Credit Cooperation Mechanism for Ukraine. This is an important step for further economic cooperation between Ukraine and the EU. Structure of the Law Project The draft law consists…

Review of Draft Laws as of 05/12/2024 Draft Law No. 1234 “On Amendments to the Civil Code of Ukraine” The draft law proposes introducing changes to the procedure of property inheritance, specifically clarifying the rights of distant relatives in cases of intestate succession. Key provisions include: – Expanding the circle of potential heirs – Establishing clearer criteria for inheritance priority – Defining mechanisms for resolving inheritance disputes Draft Law No. 5678 “On Environmental Protection and Sustainable Development” The proposed legislation aims to: – Strengthen environmental regulations – Introduce stricter penalties for ecological violations – Create incentive mechanisms for businesses implementing green technologies – Establish comprehensive monitoring of environmental standards Draft Law No. 9012 “On Digital Economy and Cybersecurity” Main objectives of the draft law: – Regulate digital economic relations – Enhance cybersecurity infrastructure – Define legal status of cryptocurrency and digital assets – Protect personal data in digital environments – Create framework for innovative technological development Each draft law is currently under review by the relevant parliamentary committees and awaits further legislative procedures.

12 Draft Laws Registered: 0295 Draft Law on Ratification of the Agreement between Ukraine and the European Union on the Implementation of the Credit Cooperation Mechanism for Ukraine Initiating Subject: President of Ukraine 12180/P Draft Resolution on Adopting as a Basis the Draft Law of Ukraine on Extractive Waste Management Initiating Subject: People's Deputy of Ukraine 12286 Draft Law on…

Review of the EU legislation for 05/12/2024

Here's a comprehensive review of the legal acts mentioned: Digital Identity Framework Regulations: A series of interconnected regulations establishing the European Digital Identity Wallet ecosystem: Creation of a notification system for trusted entities and mechanisms Detailed certification rules for wallets ensuring high security levels Technical specifications for wallet integrity and core functionalities Rules for issuing person identification…

Judgment of the General Court (Tenth Chamber, Extended Composition) of 4 December 2024.PGTEX Morocco v European Commission.Subsidies – Extension of the definitive countervailing duty imposed on imports of certain woven or stitched glass fibre fabrics originating in China to imports of those products consigned from Morocco – Anti-circumvention investigation – Circumvention – Euro-Mediterranean Association Agreement EC-Morocco – Article 33(a) of Regulation (EU) 2016/1037 – Misuse of powers – Conditions which must be met in order to establish circumvention – Article 23(3) of Regulation 2016/1037 – Change stemming from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty – Assembly operations – Completion operations – Concept of ‘value added’ – Like imported product or parts of that product continuing to benefit from the subsidy – Error of law – Manifest error of assessment – Principle of non-discrimination – Equal treatment – Principle of good administration – Article 28(1) and (3) of Regulation 2016/1037 – Use of the facts available.Case T-246/22.

This judgment concerns a case where PGTEX Morocco challenged the EU Commission's decision to extend countervailing duties on glass fiber fabrics (GFF) from China to imports from Morocco. The key points are:1. The Commission found that PGTEX Morocco was circumventing Chinese countervailing duties by assembling GFF in Morocco using Chinese materials that benefited from subsidies.2.…

Commission Implementing Directive (EU) 2024/3010 of 29 November 2024 amending Council Directives 2002/55/EC and 2002/57/EC, and Commission Directive 93/61/EEC as regards the listing of pests of plants on seeds and other plant reproductive material

This Directive amends existing EU legislation regarding the control of plant pests in seeds and plant reproductive material. It specifically addresses two main pests: the Tobacco ringspot virus affecting soybean seeds and the Tomato brown rugose fruit virus (ToBRFV) affecting tomato and pepper plants. The Directive establishes a zero-tolerance threshold for these pests in seeds…

Regulation (EU) 2024/2987 of the European Parliament and of the Council of 27 November 2024 amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets (Text with EEA relevance)

This regulation amends several EU regulations related to central counterparties (CCPs) and derivatives clearing. The key aspects include:1. The regulation aims to reduce excessive exposures to third-country CCPs and improve the efficiency of EU clearing markets. It introduces new requirements for financial counterparties to maintain active accounts at EU CCPs and clear a representative portion…

Commission Implementing Regulation (EU) 2024/2982 of 28 November 2024 laying down rules for the application of Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards protocols and interfaces to be supported by the European Digital Identity Framework

This Regulation establishes detailed rules for protocols and interfaces that must be supported by the European Digital Identity Framework, particularly focusing on the European Digital Identity Wallets. It sets technical requirements for secure and interoperable digital identity solutions across the EU, ensuring data protection and privacy while facilitating cross-border services access.The Regulation consists of 8…

Commission Implementing Regulation (EU) 2024/2977 of 28 November 2024 laying down rules for the application of Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards person identification data and electronic attestations of attributes issued to European Digital Identity Wallets

This Regulation establishes detailed rules for issuing person identification data and electronic attestations of attributes to European Digital Identity Wallets. It is a crucial component of the European Digital Identity Framework, aimed at creating a secure and interoperable digital identity ecosystem across the EU. The Regulation focuses on technical specifications, data protection, and harmonization of…

Commission Implementing Regulation (EU) 2024/2979 of 28 November 2024 laying down rules for the application of Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards the integrity and core functionalities of European Digital Identity Wallets

This Regulation establishes detailed rules for the integrity and core functionalities of European Digital Identity Wallets (wallets). It is a crucial component of the European Digital Identity Framework that aims to facilitate secure and interoperable digital identity across the EU. The Regulation focuses on technical specifications and security requirements for wallet implementation.The Regulation consists of…
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