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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.
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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.

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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.