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27

12
2011

Effective resolution of consumer disputes

On 27, 12 2011 | No Comments | In Uncategorized | By Kadri Lensment

Consumers make an increasing amount of cross-border purchases of goods and services, however, currently there is no effective system established for alternative resolution of consumer disputes. Alternative dispute resolution entities only operate in specific sectors or their jurisdiction is limited with the territory of the respective Member State. Read more…

23

12
2011

Lessor’s right of security over movables belonging to third parties

On 23, 12 2011 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

The lessor of an immovable has the right of security (pledge) over movables located on the leased immovable and over movables which are part of furnishings of the room or are used together with the room in order to secure claims arising from a lease contract. If the lessor has any reason to suspect that the lessee wants to move out or to remove items from the premises, the lessor may withhold the items to the extent which is necessary in order to secure the claims of the lessor. In particular, the right to withhold items means that the lessor may demand that the items encumbered with the pledge would remain on the lessor’s premises. Read more…

13

12
2011

UNFCC members decided to launch a process of developing a binding protocol to reducing carbon emissions

On 13, 12 2011 | No Comments | In Uncategorized | By Kadri Lensment

On the 11th of December 2011 in Durban, member states to the UN Framework Convention on Climate Change (UNFCC) agreed to launch a process of develooping a legally binding protocol appliccable to all UNFCC member states with the aim to reduce global carbon emissions. Member states to the Kyoto Protocol have signed up to a second commitment period of the Kyoto Protocol, that ends in 2013.

02

12
2011

Unemployment insurance premiums will not change in 2012

On 02, 12 2011 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

The Government has to adopt the unemployment insurance premiums for the following year by December 1 of the given year at the latest. Yesterday the Ministry of Social Affairs presented the Government a draft of the regulation on unemployment insurance premiums for 2012. According to the draft, the insured person’s premium will be 2.8% and the employer’s premium 1.4% of labour income, salary and other earnings paid to the insured person – the same as in 2011.

Read more…

30

11
2011

EU court ruled against web filters to block file sharing

On 30, 11 2011 | No Comments | In Uncategorized | By Kadri Lensment

European Court of Justice found in its recent decision in case C‑70/10 that EU law precludes governments or courts from requiring internet service providers (ISPs) to install filters aimed at preventing people from illegally downloading music and other files.

According to court, the protection of the fundamental right to property, which includes the rights linked to intellectual property, must be balanced against the protection of other fundamental rights.
Read more…

24

11
2011

Secondary insolvency proceedings

On 24, 11 2011 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

Functioning of the internal market and fundamental freedoms of European Community have had a great impact on intra-community trade and business activities. Accordingly, a growing number of transactions have cross-border effect. Since it is usual that a company has assets and business activities in several Member States, the insolvency proceedings of that company may also have cross-border effect. Read more…

17

11
2011

The Supreme Court declared void provisions of administrative court procedure

On 17, 11 2011 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction- ESTONIA

The Supreme Court declared void provisions of administrative court procedure applicable to situations when a Court of Appeal grants first-time permission to encumber an immovable in order to secure fulfilment of tax obligations. Positive law did not foresee a possibility to appeal the injunction. The Supreme Court ruled that such restriction of the right of appeal is unconstitutional and thus void. In the same ruling the Supreme Court stated that it is unproportional and thus ulawful to encumber immovable owned by a third person.

16

11
2011

Kirsti Pent obtained the qualification of Attorney at Law

On 16, 11 2011 | No Comments | In Uncategorized | By Kadri Lensment

On 15 November 2011, the Estonian Bar Association granted Kirsti Pent, an attorey at FORT, the professional title of a sworn advocate, the highest professional title of the Estonian Bar Association.

Kirsti has specialized in corporate and commercial law as well as contractual and regulatory aspects of financing and energy issues.

08

11
2011

How to determine when the company has become insolvent?

On 08, 11 2011 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

Members of the management board have an obligation to submit a bankruptcy petition in case the company has become insolvent. For breach of this obligation, the law prescribes criminal liability. Accordingly, it is important how to determine when the company has become insolvent.

Read more…

05

09
2011

Who’s Who Legal 2011 nominated Kuldar-Jaan Torokoff as leading public procurement lawyer

On 05, 09 2011 | No Comments | In Uncategorized | By Kadri Lensment

The global research company Who’s Who Legal has published a directory in the field of public procurement law. “Who’s Who of Public Procurement Lawyers 2011” outlined three leading public procurement lawyers in Estonia including Kuldar-Jaan Torokoff, attorney of Law Office Nordeus (predecessor of FORT).

Who’s Who Legal conducts independent and comprehensive surveys among law firm clients and public procurement lawyers across the globe. Who’s Who Legal is the official research partner of the International Bar Association.