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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

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Retained EU law—flowchart [Archived]

Retained EU law—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved and converted into domestic law under EU(W)A 2018 (as amended) at the end of the post-Brexit transition period (IP completion day). For background reading on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading the underlying legislation, see: • Practice Note: Brexit—key legislation explained • News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, as anything which continues to form part of domestic law on or after...

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UK and Community design right threats—pre 1 October 2017 [Archived]

UK and Community design right threats—pre 1 October 2017 [Archived] As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights. ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the law of unjustified threats of UK and Community design right infringement prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017). Communications made prior to 1 October 2017 continue to be governed by the old regime in respect of patents, trade marks and designs, as appropriate. All references in this Practice Note to the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949, and the Community Design Regulations 2005, are references to the legislation as it...

Electronic communications: Universal Service Directive [Archived]

Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...

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Brexit definition

Brexit means: (a) the United K

Environmental clauses for a facility agreement

Produced in partnership with DLA Piper UK LLP [ These clauses are intended for insertion in a Facility Agreement relating to the operation of a business, which involves the occupation of use of properties. It accordingly assumes the definition of terms which would typically be included in such an agreement, such as ‘Agent’, ‘Business’, ‘Event of Default’, ‘Finance Party’, ‘Legal Due Diligence Report’, ‘Material Adverse Effect’, ‘Obligor’ and ‘Property’.] Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and...

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Can a Form D180 (Certificate referred to in Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters) application still be submitted as the UK has now left the EU? Does it still apply for the transition/implementation period?

Can a Form D180 (Certificate referred to in Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters) application still be submitted as the UK has now left the EU? Does it still apply for the transition/implementation period? Form D180 (PDF Format) may be used in relation to the registration of orders under Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning judgments in matrimonial matters (Brussels II bis). As of 31 January 2020, the UK ceased to be an EU Member State and will no longer participate in the political institutions and governance structures of the EU, however, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marks the commencement of an 11-month implementation period during which the UK will continue to be treated by the EU as a Member State for many purposes. Under the current terms, the implementation period will run from 11 pm on 31...

What is the impact of Brexit on international transfers of personal data?

What is the impact of Brexit on international transfers of personal data? This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR). It does not address cross-border transfers of personal data by competent authorities for law enforcement purposes or by the intelligence services, and under the ‘applied GDPR’ regime, which are beyond the scope of this Q&A. Since 25 May 2018, the GDPR has been directly applicable in the UK and all other EU Member States. The GDPR regime has also been incorporated in the EEA Agreement and governs the processing of personal data across the EEA (the EU plus Iceland, Norway, and Liechtenstein). The GDPR regime permits EEA states to introduce certain national derogations. In the UK those have been implemented by the Data Protection Act 2018, see Practice Note: The Data Protection Act 2018. Chapter V of the GDPR regime imposes a restriction which prevents...

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Public Law case law quarterly—Q3 2024

The Public Law case law quarterly provides details and analysis of notable judgments collated by the Lexis+® UK Public Law team each quarter. Highlights in this edition include the Supreme Court's obiter discussion of whether retained EU law applies to pre-Brexit facts, a preliminary ruling from the European Court of Justice on extradition to the UK, and the Court of Appeal's decision that there is no public law duty to publish a policy explaining how a discretionary power will be exercised.

Denied boarding, and Brexit rules of engagement (Lipton v BA City Flyer Ltd)

Public Law analysis: In the case of Lipton v BA City Flyer Ltd, the Supreme Court gave guidance as to the interpretation of Regulation (EC) 261/2004 (almost universally (but not in the Supreme Court) known as ‘Denied Boarding Regulation’), and in doing so, set out a handy guide for practitioners on how to approach Eurolaw spanning the Brexit process. As such, the judgment is of interest not just to aviation specialists but to all practitioners grappling with law derived from the EC. Written by Sarah Prager KC, barrister at Deka Chambers.