NAVIGATING LEGAL EXCELLENCE

NAVIGATING LEGAL EXCELLENCE

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News & Affairs

30. 11. 11

EU court ruled against web filters to block file sharing

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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News & Affairs

24. 11. 11

Secondary insolvency proceedings

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.

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News & Affairs

17. 11. 11

The Supreme Court declared void provisions of administrative court procedure

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.

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