News

Gender Discrimination at the Work Place

Jurisdiction – ESTONIA

Gender equality is stipulated in the Estonian constitution and in the Gender Equality Act. It is forbidden to treat one person worse than another person because of one’s gender. Read more…

Conversion of the share capital into euro as of 2012; use of shares without nominal value

Jurisdiction – ESTONIA

Although no final deadline has been established for converting capital into euros, it should be kept in mind that starting from 2012 changes regarding the company’s articles of association or amount of share capital can be entered in the commercial register only if the capital of a company is registered in euros. The state duty payable for the capital conversion is EUR 17,89. Read more…

New EU thresholds for public procurement

Commission Regulation (EC) No 1251/2011 establishes new application thresholds that determine which contracts fall within EU-wide tendering procedures. As to the supply and service contracts and design contests, the new thresholds are as from 1 January 2012 until 31 December 2013, depending on the contracting authority (i) 130 000 EUR (central government authority), (ii) 200 000 (other contracting authorities) or (iii) 400 000 (authorities in special sectors). With regard to public works contracts, the new application threshold is 400 000 EUR. Read more…

Jaana Nõgisto on principle of separation of powers and judicial protection of rights

Law Office Nordeus (predecessor of FORT) attorney at law Jaana Nõgisto published an article in newspaper Postimees about the principle of separation of powers and judicial protection of rights.

The article in Estonian is available HERE.

Effective resolution of consumer disputes

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…

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

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…

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

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.

Unemployment insurance premiums will not change in 2012

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…

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.
Read more…

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. Read more…