More Regulation instead of Competition: Commission plans Costly System Change of Laws on Advertising with Green Claims – Comments on the Proposal of a Green Claims Directive (Part 1 of 3)
With its proposal for the Green Claims Directive, the Commission is planning a fundamental system change in the law on advertising with environmental claims and ecolabels. Now there shall be a conformity assessment procedure in advance and various accompanying obligations and powers of authorities to investigate and sanction. As a result, environment-related advertising will become considerably more difficult for companies, or at least very time-consuming and costly. Reason enough to take a closer look. Start of our three-part series on the Green Claims Directive.
Turning point in EU law for genetic engineering in agriculture – liability situation in Germany in urgent need of adjustment
After green genetic engineering had been practically dead in the EU for almost 15 years due to the strict regulatory framework, there are now signs of a fundamental change of dogma at EU level. The proposal for an NGT regulation recently presented by the EU Commission is tantamount to a revolution.
Climate protection and sustainability are major issues of our time. The EU Commission has committed itself to promoting these issues as part of the Green Deal and has already initiated numerous legal acts to this end. The Commission is continuing down this path with its March 2023 proposal for a Repair Right Directive.
Can suppliers demand that their customers pay higher prices than those agreed between them in the medium or long term due to increased raw material prices, and if so, on what basis?
Shortly before the EU Market Surveillance Regulation (Regulation (EU) 2019/1020) comes into force, the EU Commission’s proposal for a replacement of Directive 2001/95/EC (Product Safety Directive, “PSD”) was published on 30 June 2021 (COM(2021) 346 final). Fundamental changes and innovations are planned.
One of the most significant changes introduced by the Market Surveillance Regulation (EU) 2019/1020 (“MSR”) concerns import controls by customs authorities. The EU Commission (rightly) sees import controls as an important instrument for reducing non-compliant products from third countries and thus also for reducing security risks.
Almost two years after the adoption of the Market Surveillance Regulation (EU) 2019/1020 (“MSR”), the national implementation is now imminent. This is one of the most significant changes in product and market surveillance law in the last ten years. The MSR will apply in its entirety from 16 July 2021.
On 25 November 2020, the Representative Actions Directive (EU) 2020/1828 (“RA-Directive”) was adopted. It must be implemented by the member states within two years and applied by mid-2023 at the latest.
In its judgement of 11.3.2020, the Essen Regional Court (Case No. 44 O 40/19) granted a claim for injunction and damages under competition law on account of the sale of electrical products to which only English-language instructions for use and English-language safety information were attached.
For a little more than half a year now, the Law on the Protection of Trade Secrets (GeschGehG) (the “Law”) has been in force. In implementation of the EU Directive 2016/943, the Law brought about some fundamental changes in the area of protection of trade secrets.
After several attempts and many years of negotiations, the EU Market Surveillance Regulation was published on 25 June 2019 (Regulation (EU) 2019/1020, OJ EU L 169, 1 ff.). This is probably one of the most fundamental legal developments in the non-food sector in the last 20 years.