Best interest of creditors test in the EU Directive 2019/1023 on Company Restructuring. Proposed reform of Spanish Insolvency Law. BIoC-Test

2021 ◽  
Author(s):  
Enrique Sanjuan
Keyword(s):  
Best Interest ◽  
Insolvency Law ◽  
Eu Directive ◽  
The Eu

Debt Restructuring in Germany

2018 ◽  
Vol 15 (3) ◽  
pp. 503-515 ◽  
Author(s):  
Reinhard Bork
Keyword(s):  
European Commission ◽  
Majority Vote ◽  
German Law ◽  
Insolvency Law ◽  
Debt Restructuring ◽  
Eu Directive ◽  
Long Time ◽  
Insolvency Proceedings ◽  
The Eu

For a long time, German restructuring and insolvency law had no pre-insolvency restructuring scheme binding on dissenting creditors. Only in opened insolvency proceedings a restructuring plan could be used for debt restructuring. Now the German legislators has taken means to improve German law in three ways: first, by updating the German Bond Act (also known as the German Debenture Act), especially through permitting the change of the bond conditions by a majority vote of the creditors if the conditions allow for such majority vote; second, by improving German insolvency law through the “Act for the Further Simplification of Company Restructuring (ESUG)” which enables the debtor to start early restructuring preparation proceedings (“protective umbrella proceedings”); and, third, by announcing the introduction of new pre-insolvency restructuring proceedings as a reaction to the EU Directive proposed by the European Commission on 22 November 2016.

BIOETHICAL AND LEGAL ASPECTS OF THE USE OF ANIMALS FOR SCIENTIFIC PURPOSES

2020 ◽  
pp. 10-15
Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov
Keyword(s):  
Legal Aspects ◽  
Modern Concept ◽  
Member States ◽  
Ethical Attitude ◽  
Eu Directive ◽  
History Of ◽  
History Of Bioethics ◽  
The Eu

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.

Medical Device Regulation: Requirements for Dental Professionals Who Prescribe and Manufacture Custom-Made Devices

2021 ◽  
Vol 10 (1) ◽  
pp. 64-88
Author(s):  
James I. J. Green
Keyword(s):  
Medical Device ◽  
Medical Devices ◽  
Transition Period ◽  
Eu Directive ◽  
Custom Made ◽  
Dental Setting ◽  
The Uk ◽  
Dental Professionals ◽  
The Eu ◽  
Medical Device Regulation

A custom-made device (CMD) is a medical device intended for the sole use of a particular patient. In a dental setting, CMDs include prosthodontic devices, orthodontic appliances, bruxism splints, speech prostheses and devices for the treatment of obstructive sleep apnoea, trauma prevention and orthognathic surgery facilitation (arch bars and interocclusal wafers). Since 1993, the production and provision of CMDs have been subject to European Union (EU) Directive 93/42/EEC (Medical Device Directive, MDD) given effect in the UK by The Medical Devices Regulations 2002 (Statutory Instrument 2002/618), and its subsequent amendments. Regulation (EU) 2017/745 (Medical Device Regulation, EU MDR) replaces the MDD and the other EU Directive pertaining to Medical Devices, Council Directive 90/385/EEC (Active Implantable Medical Device Directive, AIMDD). The EU MDR was published on 5 April 2017, came into force on 25 May 2017 and, following a three-year transition period was due to be fully implemented and repeal the MDD on 26 May 2020, but was deferred until 26 May 2021 due to the coronavirus disease 2019 (COVID-19) pandemic. In the UK, in preparation for the country’s planned departure from the EU, the EU MDR, with necessary amendments, was transposed into UK law (Medical Devices (Amendment etc.) (EU Exit) Regulations 2019, UK MDR). The UK left the Union on 31 January 2020 and entered a transition period that ended on 31 December 2020, meaning that, from 1 January 2021, dental professionals in Great Britain who prescribe and manufacture CMDs are mandated to do so in accordance with the new legislation while Northern Ireland remains in line with the EU legislation and implementation date. This paper sets out the requirements that relate to the production and provision of CMDs in a UK dental setting.

Assessment of the Culture of Care working with laboratory animals by using a comprehensive survey tool

2021 ◽  
pp. 002367722110144
Author(s):  
Thomas Bertelsen ◽  
Kirstine Øvlisen
Keyword(s):  
Performance Indicators ◽  
Essential Elements ◽  
Laboratory Animals ◽  
Survey Tool ◽  
Culture Of Care ◽  
Eu Directive ◽  
Comprehensive Picture ◽  
Comprehensive Survey ◽  
Definition Of ◽  
The Eu

The term Culture of Care, within the scientific community using laboratory animals, is being used more and more frequently after it was introduced in the EU Directive 2010/63/EU, where it is phrased as a ‘climate of care’, which became effective in national legislation from January 2013. However, there is a risk that the term could become a meaningless phrase if no agreed local definition of the term exists at the animal facility (called establishment in the EU Directive). This paper presents a comprehensive survey tool that provides a means to describe what the Culture of Care in an establishment looks like. The tool is one of the elements that can contribute to the overall picture of the culture; however, it cannot stand alone. Together with an evaluation of the effectiveness of the Culture of Care (e.g. key performance indicators) and a description of the outcomes and achievements in terms of animal welfare and the 3Rs (Replace, Reduce, Refine), the survey tool will constitute a comprehensive picture. The survey tool offers a multilevel and comprehensive view of different subcultures, presenting details on mindset and behaviour of the employees and the different relations within the culture, thus enabling the initiation of improvement projects if required. The tool addresses essential elements of a co-operative culture in terms of what we think, what we do and how we work together.

scholarly journals Realizing the Social Dimension of EU Coastal Water Management

2021 ◽  
Vol 13 (4) ◽  
pp. 2261
Author(s):  
David Langlet ◽  
Aron Westholm
Keyword(s):  
Coastal Waters ◽  
Spatial Planning ◽  
Focal Point ◽  
Current System ◽  
Social Systems ◽  
Ecological Systems ◽  
Social Dimension ◽  
Eu Directive ◽  
The Social ◽  
The Eu

In the last 20 years, the EU has adopted some rather ambitious pieces of legislation with the aim to achieve a good environmental status in freshwater and marine ecosystems. Both the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MSFD) have a strong focus on the natural environment and biological criteria for assessing the status of the relevant ecosystems. In the same time period, much research on environmental governance has focused on the interconnectedness of social systems and ecosystems, so-called social-ecological systems (SES). While having high aspirations, the legal frameworks underpinning current EU water and marine management do not necessarily reflect the advances of contemporary science relating to SES. Using the geographical intersection of the two directives, i.e., coastal waters as a focal point, the paper explores the inchoate integration of social and ecological perspectives in the EU marine governance. What are the main challenges for the current EU legal regimes for managing coastal waters in a way that builds on the understanding of social and ecological systems as interconnected? Having explored the two directives, the paper introduces the possibility of using marine spatial planning (MSP), and the EU directive establishing a framework for maritime spatial planning (MSPD) as a bridge between the social and ecological dimensions and discusses what implications this would have for the current system for governing coastal waters in Europe.

scholarly journals Identification of Cost-Optimal Measures for Energy Renovation of Thermal Envelopes in Different Types of Public School Buildings in the City of Valencia

2021 ◽  
Vol 11 (11) ◽  
pp. 5108
Author(s):  
María Esther Liébana-Durán ◽  
Begoña Serrano-Lanzarote ◽  
Leticia Ortega-Madrigal
Keyword(s):  
Public Schools ◽  
Energy Consumption ◽  
Public Administration ◽  
School Buildings ◽  
Regulatory Requirements ◽  
Building Stock ◽  
Eu Directive ◽  
Global Cost ◽  
The City ◽  
The Eu

In order to achieve the EU emission reduction goals, it is essential to renovate the building stock, by improving energy efficiency and promoting total decarbonisation. According to the 2018/844/EU Directive, 3% of Public Administration buildings should be renovated every year. So as to identify the measures to be applied in those buildings and obtain the greatest reduction in energy consumption at the lowest cost, the Directive 2010/31/EU proposed a cost-optimisation-based methodology. The implementation of this allowed to carry out studies in detail in actual scenarios for the energy renovation of thermal envelopes of public schools in the city of Valencia. First, primary school buildings were analysed and classified into three representative types. For each type, 21 sets of measures for improving building thermal envelopes were proposed, considering the global cost, in order to learn about the savings obtained, the repayment term for the investment made, the percentage reduction in energy consumption and the level of compliance with regulatory requirements. The result and conclusions will help Public Administration in Valencia to draw up an energy renovation plan for public building schools in the city.

scholarly journals A Law and Economics Perspective on the EU Directive on Representative Actions

2021 ◽  
Author(s):  
L. Visscher ◽  
M. Faure
Keyword(s):  
Law And Economics ◽  
Class Action ◽  
Third Party ◽  
Collective Actions ◽  
Member States ◽  
Eu Directive ◽  
Opt Out ◽  
Contingency Fees ◽  
Party Funding ◽  
The Eu

AbstractThis article provides an analysis of the Directive on representative actions for the protection of the collective interests of consumers of 25 November 2020. The Directive enables qualified entities to bring representative actions on behalf of the consumer. The article uses a Law and Economics approach to stress the advantages of collective actions as a tool to remedy rational apathy and free-rider behaviour. The article therefore in principle welcomes the fact that this Directive will lead to all Member States having some form of collective redress. However, it is rather difficult to fit this Directive into the economic criteria for centralization as there is no obvious danger of cross-border externalities or a race-to-the-bottom. The article is critical of the fact that the Directive only provides for a representative action and does not mention the alternative of a group action (sometimes referred to as a class action). This is especially problematic if there are very few qualified entities that could bring the representative action. Furthermore, the fact that Member States may choose an opt-in procedure instead of an opt-out procedure is critically evaluated. The most problematic aspect of the Directive is the funding of the representative action. Punitive damages and contingency fees are rejected, and the possibility of third-party funding is restricted. It is therefore to be feared that this Directive, notwithstanding the good intentions, may not lead to much application in practice, since the question of how the representative action is to be financed is not resolved in any satisfactory manner.

scholarly journals Urban soundscape maps modelled with geo-referenced data

Noise Mapping ◽  
2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Catherine Lavandier ◽  
Pierre Aumond ◽  
Saul Gomez ◽  
Catherine Dominguès
Keyword(s):  
Information Systems ◽  
Geographic Information Systems ◽  
Public Space ◽  
Road Traffic ◽  
Sound Quality ◽  
Acoustic Measurements ◽  
Propagation Models ◽  
Urban Public Space ◽  
Eu Directive ◽  
The Eu

AbstractThe noise maps that are currently proposed as part of the EU Directive are based on the calculation of the Lday, Levening and Lnight. These levels are calculated from emission and propagation models that are expensive in time. These noise maps are criticized for being distant from the perception of city users. Thus, calculation models of sound quality have been proposed, for being closer to city users’ perception. They are either based on perceptual variables, or on acoustic measurements, or on georeferenced data, the latter being often already integrated into the Geographic Information Systems of most French metropolises. Considering 89 Parisian situations, this article proposes to compare the sound quality really perceived, with those from models using geo-referenced data. It also looks at the modeling of perceptual variables that influence the sound quality, such as perceived loudness, the perceived time ratio of traffic, voices and birds. To do this, such geo-referenced data as road traffic, the presence of gardens, food shops, restaurants, bars, schools, markets, are transformed into core densities. Being quick and easy to calculate, these densities predict effectively sound quality in the urban public space. Visualization of urban soundscape maps are proposed in this paper.

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