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ENVIRONMENT - European Union

Quick reference guide enabling side-by-side comparison of local insights, including legislation and main environmental regulations; regulation of hazardous activities and substances; environmental aspects in M&A, public...more

CLIMATE REGULATION - European Union

Quick reference guide enabling side-by-side comparison of local insights, including the main climate regulations, policies and authorities; national emission levels, limits and emission reduction projects; emission allowances...more

Introduction to the EU’s Emissions Trading System

The EU Emissions Trading System (the EU ETS) is one of the key pillars of the EU’s policy to combat climate change and to reduce greenhouse gas emissions from regulated sectors....more

The European Commission puts supply chains under the spotlight

Supply chain risks are drawing attention across the globe. Recent geo-political and economic shocks such as Covid-19, Russia’s invasion of Ukraine, the U.S.-China trade war and connected inflation are driving this focus. ...more

Hydrogen: Latest EU policy updates

On 18 May 2022, the European Commission has presented the REPowerEU Plan envisaging the transformation of Europe’s energy system in light of the energy market disruption caused by Russia’s invasion of Ukraine. ...more

The Business and Human Rights Review - September 2022

As the world recovers from the Covid-19 pandemic, rebuilding resilience and planning for the future have taken centre stage in 2022. The pandemic brought to the fore many human rights issues, creating new challenges and...more

RED II Draft Delegated Acts - The missing pieces of the EU’s hydrogen puzzle

Next level of discussions regarding clean hydrogen in the EU and how it compares to the emerging regime in the UK. The Renewable Energy Directive 2018/2001/EU (RED II) came into force in December 2018 as part of the “Clean...more

The EU Commission's proposal for a directive on corporate sustainability due diligence

Paving the way to a sustainable business community in the EU. On 23 February 2022, the European Commission (the EC) published the long-awaited proposal for a Directive on Corporate Sustainability Due Diligence (the...more

The European Parliament’s wish list on the Carbon Border Adjustment Mechanism (CBAM)

On 21 December 2021, the European Parliament’s (EP) Committee on the Environment, Public Health and Food Safety (the Committee) published its Draft Report on the proposal for a Regulation of the European Parliament and of the...more

Counting Carbon: The European Commission’s vision on carbon removals

As 2021 draws to a close, the European Commission (EC) has been busy. On 15 December 2021, it adopted several new documents in relation to environmental protection in the widest sense. ...more

Strategy for Financing the Transition to a Sustainable Economy published

The European Commission published its long-awaited Strategy for Financing the Transition to a Sustainable Economy (the Strategy) today. The Strategy was announced as part of the European Green Deal in 2019 (originally...more

Navigating a greener world: Sustainability reporting obligations, directors’ duties and an action plan

“Sustainability is our business”, is a phrase that many companies insert into their sustainability reports, reflecting the increasing trend for companies to showcase their sustainability credentials. In fact, 80% of companies...more

Public procurement case law: false statements provided by relied upon third parties should not lead to automatic exclusion

The EU Directive of 26 February 2014 on public procurement (the Public Procurement Directive) allows for tenders to rely on the capacity of a third party to meet the selection criteria. ...more

Access to environmental justice in Flanders in light of the Aarhus Regulation review: Contradiction or alignment?

Recently, the Flemish Government published a proposal amending the functioning of inter alia the Council for Permit Disputes (a regional administrative court), which also has procedural ramifications for access to...more

Collusion in public procurement - A “notice” from the Commission

On 15 March 2021, the European Commission (the Commission) published its long-awaited “Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (the Notice). ...more

New Corporate Sustainability Disclosure Directive (CSRD) proposed

An EU-wide sustainability reporting standard has been proposed by the European Commission ahead of a possible new international reporting standard on sustainability. The EU proposals expand the scope of non-financial...more

Real estate transactions and public procurement: further guidance from the European Court of Justice

In its most recent case law, the European Court of Justice (CJEU) provides further guidance on the demarcation between real estate transactions and the application of public procurement legislation to contracts for works. ...more

EU Taxonomy Climate Technical Screening Criteria (TSC)

The EU Taxonomy Regulation has been in force since 2020, but a critical element of the Regulation – the Technical Screening Criteria (TSC) – has yet to be formally agreed. The European Commission’s announcement on 21 April...more

The People’s Climate Case Declared Inadmissible: Not All Climate Litigation Roads Lead To Rome

In the past years (and months), there has been a growing wave of climate change litigation cases, and the cases where plaintiffs have (successfully) invoked fundamental rights are increasing. In our previous two articles...more

EU Court confirms full procedural guarantees for all

To be forewarned is to be forearmed: public procurement procedures and remedies - judgement of the CJEU in CASE C-771/19 NAMA AND OTHERS V ARCHI EXETASIS...more

Updated Equator Principles: Transition to Version 4

Following an extensive consultation process, the Equator Principles Association (EP Association) adopted a fourth iteration of the Equator Principles (EP4) on 18 November 2019. Originally, EP4 was due to come into effect on 1...more

Public procurement – to be or not to be: what constitutes a body governed by public law under Directive 2014/24?

This e-Alert summarizes a recent judgment of the European Court of Justice regarding the scope of public procurement legislation, in particular concerning the notion of “bodies governed by public law” and how this could apply...more

Shaping the future: The increasing influence of human rights on business

Sustainability has become one of the main points of attention for governments, investors, corporates and consumers alike – all of whom increasingly demand that environmental, social and governance (ESG) considerations are...more

A new year, new obligations for economic operations: Here comes the market surveillance regulation

In order to guarantee the free movement of products in the EU market, it is necessary to ensure that products fulfil requirements providing a high level of protection of public interests, such as health and safety in general,...more

Advocate general opinion on the Sisal – Magellan Robotech case

Public Procurement - Concessions Directive 2014/23 - Advocate General Campos Sanchéz-Bordona advises the Court of Justice on what may constitute ‘substantial modifications’ to a concession. In its recent opinion, the Court...more

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