Introduction
On 16 June 2020 the legislature passed draft modifications of Swiss corporate law, which would amend, among other things, substantial parts of the Code of Obligations. This marked the end of what is generally known as the large corporate law reform which officially started in 2007. Since then, numerous parts of the reform project have been buried, changed, introduced to or removed from the main part of the project to be dealt with separately.
As part of the final modifications dated 16 June 2020, the provisions concerning the reduction of the share capital of Swiss corporations will be amended. The new law s entry into force has yet to be scheduled but, together with most of the new provisions, it is expected to come into force in 2022. On entry into force, the new provisions will become applicable to existing corporations. Within two years of the law coming into force, corporations articles of association and regulations must be adapted to the new law. Two years
From 1 January 2021, the Commission for the Protection of Competition (CPC) will be available for pre-notification discussions. To this end, the CPC has published rules for such contact. The CPC's rules on pre-notification contact are a step in the right direction in implementing best European practices on merger control. Nonetheless, it remains to be seen how practical they will be for the notifying parties.
The Supreme Court recently had to decide whether internet ads for consumer loans which stated a monthly rate in the main advertising text and a debit interest rate from. % p.a. depending on creditworthiness, together with an example in the footnote text, complied with the Consumer Credit Act (VKrG).(1)
The VKrG implemented the EU Consumer Credit Directive (2008/48/EC), which provides strict requirements as regards the information to be given and the presentation of such information in ads for consumer credit. Pursuant to the VKrG, if interest rates or other figures relating to the costs of a loan for the consumer are stated in an ad for consumer credit agreements, the ad must contain certain standard information, including the borrowing rate and, if applicable, the amount of the instalments in a clear, concise and prominent (ie, eye-catching) way, using a representative example. This is to enable the consumer to have a complete overview of the cost burden and to compare differen
Facts
The employer, PG Plumbing (2014) Limited, closed for a period during the COVID-19 lockdown and temporarily laid off staff.
The claimant, William Hague-Holmes, was not paid his wages during that period. The employer said that it would have paid the claimant if the business had received a government wage subsidy. However, the employer had misunderstood the government s COVID-19 payroll co-funding scheme, believing that wages would be funded only for employees earning more than £2,000 per month. The employer realised the error too late and its wage subsidy application was rejected.
Decision
The tribunal ruled as follows:
I am sure it does not need to be said, that the interpretation of the Scheme by the Respondent is wrong, plainly wrong and frankly I consider an unreasonable one to make. On any reading of the Scheme documentation it is not one any person should make, let alone an employer who has employees depending on their salary to be able to cover they day-to-day outgoi
Facts
Sanofi is the owner of European Patent 2.346.552 (EP 552), which does not claim a pharmaceutical invention, but an injectable drug delivery device for the administration of drugs, such as a syringe or a pen, with certain technical features.
Mylan holds a marketing authorisation for a biosimilar insulin glargine medicinal product (Semglee) in the form of a pre-filled pen with an injectable solution.
In July 2019 Sanofi filed an infringement action against Mylan, together with an
ex parte preliminary injunction request seeking an order from the court prohibiting the launch of Semglee. The case was assigned to Barcelona Commercial Court Number 1, which refused to grant any preliminary injunction