The Data Protection Authority in Hungary (Nemzeti Adatvédelmi és Információszabadság Hatóság), recently published its annual report which included details of a fine of €670,000 (HUF 250,000,000) being imposed on a bank. To date, this fine is the highest imposed by the Hungarian Authority.
The European Commission has proposed a Unitary SPC and/or a unified procedure for granting national Supplementary Protection Certificates (SPCs) in the EU, which if adopted, will materially change the SPC regime in Europe. The current mechanism for applying for an SPC is decentralised, and national SPCs must be applied for in each EU Member State.
Merck Sharp & Dohme brought an appeal to the Supreme Court (Court) following its unsuccessful appeal to the Court of Appeal against the High Court’s finding that its supplementary protection certificate (SPC) for its cholesterol-reducing combination product, Inegy, was invalid under Articles 3(a) and 3(c) of Regulation No 469/2009 (SPC Regulation).
The General Scheme of Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022 has been published and proposes to give effect to the Representative Action Directive (EU 2020/1828).
The recent judgment of Mr Justice Barrett in Goode Concrete v CRH Plc, Roadstone Wood Limited and Kilsaran Concrete [2022] IEHC 189 provides useful guidance on applications to strike- out interrogatories where they are prolix, oppressive, unnecessary or scandalous.
The IOSCO consultation report, published on 6 April 2022, represents the output of a five-year long collaboration between regulators of major global ETF domiciles focussed on two broad themes, namely the effective functioning of the primary market and appropriate disclosure to investors, and is set against the backdrop of significant ETF growth, in-depth market studies and stress events.
In recent months several applications to dismiss proceedings for want of prosecution on the grounds of delay came before the High Court. These judgments continue to illustrate that the success of an application to dismiss proceedings will depend on the particular facts of each case. A period of delay found to be prejudicial in one case may not be determinative of the point in subsequent cases of similar delay.
On 5 April 2022, the Central Bank of Ireland made further changes to its list of Pre-Approval Controlled Functions (PCFs) under its Fitness and Probity framework. These changes, introduced by amending regulations, are in addition to PCF role changes notified by the Central Bank in September 2022.
Under the Finance Act 2021, non-Irish resident corporate landlords are now subject to Irish corporation tax at the rate of 25% on rental income from Irish property. The change takes effect for accounting periods commencing on or after 1 January 2022, and results in an increase in the tax rate from 20% to 25% for non-resident corporate landlords.
In a recent decision, O’Flynn v HSE & Ors [2022] IECA 83, the Court of Appeal considered the interpretation and application of Order 39, Rule 46 of the Rules of the Superior Courts. Order 39, Rule 46 sets out the disclosure rules in High Court personal injury claims, regarding the exchange of expert reports. The decision suggests a novel roadmap to resolve the impasse between the parties in the case.
In the March issue of Accountancy Plus, the official journal of CPA Ireland, Catherine O’Flynn and Elaine Egan explore the development of different labour models, such as agency, hybrid, platform based models or the likes of William Fry’s PeopleBridge which offers legal and tax practitioners short-term placements with in-house legal and business teams.
In July 2021, the Tánaiste received Cabinet approval to commence work on draft legislation which, if enacted, will see paid statutory sick leave introduced in Ireland for the first time. By way of update, the publication of the Government’s Sick Leave Bill 2022 was announced this week and will now progress through the usual legislative process.