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Beyond borders: the importance of U.S. Export Controls for EU companies
EU-based companies exporting dual-use items will usually start their export-control assessment with EU law. In particular, they will consider whether Regulation (EU) 2021/821 requires an export authorization and whether the destination, end-user or intended end-use gives rise to additional restrictions. That EU-law assessment may not always be sufficient. Where a product, software, technology or production […]
EU sanctions against Russia and advance payments: what about reimbursement if delivery is no longer permitted?
Has your company received an advance payment, but are you no longer permitted to deliver due to EU sanctions? In that case, a refund is not automatically guaranteed. A recent opinion by the Advocate General of the Court of Justice in the Reibel case makes it clear that a Russian counterparty may not be able to reclaim an advance […]
Recusal of a judge
A judge may be recused if there are facts or circumstances that could compromise their impartiality. This does not only apply to situations in which the judge is actually biased. Even the appearance of partiality may be sufficient. However, the bar is set high: the fear of bias must be objectively justified. What is recusal? […]