EU Directive Definition

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GLOSSARY

What does EU Directive mean?

Directives are legal instruments of the Union addressed to the Member States to attain the Union's objectives set out in the Treaties.

Directives are defined in Article 288(3) TFEU as legal acts addressed to the Member States on whom they are binding as to the result to be achieved; discretion as to the form and methods is left to the Member States. In contrast to other EU acts, directives do not automatically become part of national legal systems, but require implementation at national level. According to the CJEU directives have direct effect vertically, but not horizontally. In other words they can be invoked by private parties before national courts in actions against a state. The Member States can be held liable for the damages arising from non-implementation of a directive.

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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

Payment Accounts Directive and Payment Accounts Regulations 2015–timeline [Archived]

Payment Accounts Directive and Payment Accounts Regulations 2015–timeline [Archived] ARCHIVED: This Practice Note is archived and is no longer maintained. The Payment Accounts Directive (Directive 2014/92/EU) (PAD) is intended to enhance transparency and comparability for consumers in respect of payment accounts. In particular, the PAD: • makes it easier for consumers to compare fees charged by banks and other service providers across the EU • facilitates consumer switching of payment accounts, and • entitles all EU consumers to open a payment account that enables them to perform essential functions such as receiving their salary and paying bills The PAD has its origins in the European Commission's consultation on retail bank accounts, opened in March 2012, which assessed the need for action in the areas of transparency and comparability of fees, account switching and access to basic payment accounts. This followed a retail banking sector inquiry in 2007 which had identified these factors as obstacles to consumer choice and mobility. Member States' subsequent attempts to tackle the problems at a national level...

Retained EU law—flowchart [Archived]

Retained EU law—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved and converted into domestic law under EU(W)A 2018 (as amended) at the end of the post-Brexit transition period (IP completion day). For background reading on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading the underlying legislation, see: • Practice Note: Brexit—key legislation explained • News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, as anything which continues to form part of domestic law on or after...

Mandatory Disclosure Rules (MDR)—When an intermediary must report to HMRC—Flowchart

Mandatory Disclosure Rules (MDR)—When an intermediary must report to HMRC—Flowchart The Organisation for Economic Cooperation and Development (OECD) published the model Mandatory Disclosure Rules (MDR) for Common Reporting Standard (CRS) Avoidance Arrangements and Offshore Structures in March 2018, aiming to promote country by country consistency in the application of disclosure and transparency to tackle aggressive tax planning at a global level. The model MDR are defined as ‘the model rules’ in The International Tax Enforcement (Disclosable Arrangements) Regulations 2023, SI 2023/38 (MDR regulations), by which the MDR are implemented in the UK. Drawing closely on the model rules, the MDR regulations require promoters, service providers and taxpayers to send information to HMRC about reportable

Obligation to transpose and process EU Directives

The transposition of EU Directives is the process by which EU Member States give effect to Directives within their own domestic legal system. EU Directives differ from EU Treaty provisions and EU Regulations which have direct applicability in EU law. Directives must be implemented by Member States using appropriate implementing measures either through primary or secondary legislation.Directives are issued by the Council of the EU, jointly by the Council with the European Parliament or by the European Commission. Directives are the most appropriate method of legislating when Member States’ existing domestic law needs to be modified. Implementation of a Directive into the domestic law of the Member States fulfils the purpose of ensuring the full availability of the corresponding rights and obligations to EU citizens.Directives are binding as to their effect, meaning that Member States can choose the form of implementation, but cannot alter the content of the Directive itself. Member States are also under an obligation to implement the Directive by the deadline provided.Obligation to transpose EU DirectivesUnder Article...

Challenging EU Directives

In briefAccording to settled case law, the Court of Justice of the European Union has the exclusive competence to declare an act of the EU invalid.Under the Treaty on the Functioning of the European Union (TFEU), the validity of an EU Directive can be challenged by:•bringing a direct action for annulment before the Court of Justice under Article 263 TFEU•raising the invalidity of the Directive indirectly in a dispute before a national court. The action in the national court is directed against the implementing measures adopted by the national authorities to transpose a Directive into national law. The national court hearing the case can ask the Court of Justice to review the validity of the Directive by way of the preliminary reference procedure in Article 267 TFEU•a challenge incidentally under Article 277 TFEU (plea of illegality) attached to a main direct action brought under Article 263 TFEUDirect action for annulmentActions under Article 263 TFEU need to satisfy admissibility and merits (grounds) requirements. They are lodged in the General Court with...

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Connection agreement for private wires

Connection agreement for private wires Date of Agreement _____________________________________20[XX] Parties 1 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Company); and 2 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Customer). Background (A) The Customer is the owner and operator of the Customer’s Installation. (B) The Company is the owner and operator of the Distribution System. (C) The Customer wishes to export electricity generated by the Customer’s Installation to the Company’s Distribution System. (D) [The Parties wish to enter into a contract on or about the date of this Agreement, under which the electricity generated by the Customer’s Installation shall be supplied to the Company by the Customer (‘Power Supply Agreement’). (E) In consideration of the Parties entering into the Power Supply Agreement, the Company shall allow the electricity generated by the Customer’s Installation to be exported to the Distribution System in...

Recognising crime—red flags and warning signs for staff—law firms

Recognising crime—red flags and warning signs for staff—law firms You must remain alert to the red flags and warning signs of crime potentially taking place in our organisation. While you do not have to behave like a police officer, you must make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical red flags and warning signs that may indicate that our firm is involved in or is itself being used to commit crime (eg money laundering, terrorist financing, proliferation financing, sanctions offences, bribery, corruption, property or mortgage fraud or organised crime). These factors do not automatically mean that crime is taking place, but you should be aware of them and pay particular attention to matters where a number of factors are present. These red flags and warning signs would normally require further investigation. Methods for committing crime change all the time. We have set out below typical general red flags and warning...

Dive into our 14 Precedents related to EU Directive

What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit?

What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit? This Q&A looks at the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation within UK legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). Meaning of ‘ambulatory’ and ‘non-ambulatory’ references A reference in legislation X to legislation Y is ‘ambulatory’ if the reference automatically updates every time legislation Y is amended. It is a question of interpretation whether the reference to legislation Y is ambulatory. For example, if the reference is to legislation Y ‘as amended from time to time’, that is a clear indication the reference is ambulatory. For further guidance, see Commentary: Incorporation by reference: Bennion, Bailey and Norbury on Statutory Interpretation [17.9]. Note that references in EU legislation are generally regarded as ambulatory (or ‘dynamic’, see page 52 of the EU legislative drafting guide). It is therefore likely that references in EU regulations incorporated into retained EU law by EU(W)A 2018,...

What are the requirements for challenging the registration of a UK trade mark based on bad faith? What types of behaviour have been held to constitute bad faith and what sort of evidence might be adduced in support of a claim that a trade mark has been applied for in bad faith? Is there any difference in the position for EU trade marks?

What are the requirements for challenging the registration of a UK trade mark based on bad faith? What types of behaviour have been held to constitute bad faith and what sort of evidence might be adduced in support of a claim that a trade mark has been applied for in bad faith? Is there any difference in the position for EU trade marks? This Q&A will answer the following questions: • What are the requirements for challenging the registration of a UK trade mark based on bad faith? • What types of behaviour have been held to constitute bad faith? • What sort of evidence might be adduced in support of a claim that a trade mark has been applied for in bad faith? • Is there any difference in the position for EU trade marks? Challenges to UK and EU trade mark applications and registrations on the basis of ‘bad faith’ The purpose of the bad faith provisions in EU Directive No 2015/2436 (the TM...

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NGO NOYB is qualified to bring redress actions in EU courts

MLex: The digital rights NGO NOYB has now been granted the approval to bring redress actions across the EU. This means that many users can be represented by NOYB on a non-profit basis, allowing them to seek redress, such as non-material damages, when their personal data is unlawfully processed.

Environment weekly highlights—5 December 2024

This week's edition of Environment weekly highlights includes: the Ministry of Housing, Communities and Local Government (MHCLG) and the Department for Energy Security and Net Zero (DESNZ)’s launch of a joint consultation on proposed reforms to the Energy Performance of Buildings regime, launch by the Department for Energy Security and Net Zero (DESNZ) of two consultations to expand the UK Emissions Trading Scheme, a consultation from the Environment Agency (EA) on proposed changes to its charging structure for greenhouse gas emissions schemes and a policy update from the Department for Environment, Food and Rural Affairs (Defra), outlining the government’s plans to introduce Simpler Recycling in England, along with guidance on applying to become a deposit management organisation (DMO) for the Deposit Return Schemes (DRS), household waste collection services in England, new workplace recycling requirements for England and a template to assist waste collection authorities in preparing written assessments for the collection of paper and card alongside other dry recyclable materials. It also covers the guidance published by the Environment...

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