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European Union: European Court of Justice Rules on German Public Broadcasting Contribution

(Jan. 7, 2019) On December 13, 2018, the European Court of Justice (ECJ) held that a “contribution” required to be paid by all German households to public broadcasters is compatible with European Union (EU) law, in particular with the rules on preferential state aid. The request for a preliminary ruling was submitted by a judge […]

European Union: New Rules Prohibit Unjustified Geo-Blocking

(Dec. 19, 2018) On December 3, 2018, new rules to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence, or place of establishment took effect in the European Union (EU). (Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on Addressing Unjustified Geo-Blocking and […]

European Union: European Court of Justice Rules on Religious Employment Discrimination

(Oct. 3, 2018) On September 11, 2018, the European Court of Justice (ECJ) held that dismissing a Catholic employee in a managerial position at a Catholic hospital for remarrying in a civil ceremony could constitute discrimination. According to the Court, religion or belief must be a genuine, legitimate, and justified occupational requirement in light of […]

European Union: European Court of Justice Rules Sellers Must Inform Consumers of Fee-Incurring Preloaded and Preinstalled Services on SIM Cards

(Sept. 28, 2018) On September 13, 2018, the European Court of Justice (ECJ) held that selling SIM cards with preinstalled and preloaded fee-incurring services constitutes an aggressive unfair commercial practice. It stated that consumers must be informed in advance of such services so that they can make a free choice. The ECJ concluded that such […]

European Union: New Rules for Money Market Funds

(Aug. 31, 2018) On July 21, 2018, new rules to make money market funds (MMFs) more resilient against financial market difficulties, reduce the risk of runs, and limit cross-border contagion began applying to newly issued MMFs in the European Union (EU). Existing MMFs must show compliance by January 21, 2019. MMFs are mutual funds that […]

European Union: European Court of Justice Strengthens Rights of Copyright Holders

(Aug. 24, 2018) On August 7, 2018, the European Court of Justice (ECJ) held that the download and subsequent posting on a website of a photograph that has previously been published on another website with the consent of the author and was freely accessible requires new consent from the copyright holder. The upload of such […]

European Union: 5th Anti-Money Laundering Directive Enters into Force

(July 16, 2018) On July 9, 2018, the amendment of the European Union (EU) Anti-Money Laundering Directive (5th AMLD) entered into force. The AMLD obligates certain entities to fulfill customer due diligence requirements when they conduct business transactions and have in place policies and procedures to detect, prevent, and report money laundering and terrorist financing. […]

European Union: Provisional Agreement to Control Illicit Cash Flows in and out of the EU

(June 8, 2018) On May 23, 2018, the Council of the European Union (Council) and the European Parliament reached a provisional agreement on measures to control illicit cash flows in and out of the European Union (EU), in particular a revision of the Cash Controls Regulation (CRC). (European Commission Press Release IP/18/3867, Security Union: Commission […]