Publications

CAN A SAFETY DEFECT JUSTIFY IMMEDIATE TERMINATION? THE CJEU CLARIFIES THE EU SALE OF GOODS DIRECTIVE

CAN A SAFETY DEFECT JUSTIFY IMMEDIATE TERMINATION? THE CJEU CLARIFIES THE EU SALE OF GOODS DIRECTIVE

Can the consumer immediately terminate the sales contract if goods sold to him have a defect affecting safety without first giving the seller an opportunity to repair them? Does it make a difference if the defect can be repaired easily and at relatively low cost? In a recent judgment, the Court of Justice of the European Union (“CJEU”) clarified how serious a lack of conformity must be under the EU Sale of Goods Directive to justify immediate termination of the contract.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.

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CAN THE CHOSEN LAW OVERRIDE MORE PROTECTIVE EMPLOYMENT RULES? THE CJEU CLARIFIES

CAN THE CHOSEN LAW OVERRIDE MORE PROTECTIVE EMPLOYMENT RULES? THE CJEU CLARIFIES

If an employee habitually works in one country but the employment contract chooses the law of another, do the more protective mandatory rules of the workplace automatically apply? Or can the chosen law still prevail if the employment relationship is more closely connected with the country of that chosen law? The Court of Justice of the European Union had to answer these questions in a recent judgment that we analyse below.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.

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CAN DISMISSAL FOR REFUSING RELOCATION QUALIFY AS REDUNDANCY? THE CJEU CLARIFIES

CAN DISMISSAL FOR REFUSING RELOCATION QUALIFY AS REDUNDANCY? THE CJEU CLARIFIES

What happens if employees refuse to comply with the employer’s unilateral decision to permanently work hundreds of kilometres away from their contractual workplace and the employer dismisses them for unauthorized absence? Is this considered simply as a disciplinary dismissal, or can it qualify as redundancy under the EU Collective Redundancy Directive? The Court of Justice of the European Union had to answer this question in a recent judgement which we analyse below.

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Why First Time Entrepreneurs Are Choosing Company Registration Earlier Than Ever

Why First Time Entrepreneurs Are Choosing Company Registration Earlier Than Ever

India’s entrepreneurial environment has changed significantly within a relatively short period. Earlier generations of business owners often entered markets through informal operations, family businesses, or sole proprietorship arrangements. Legal registration frequently occurred only after commercial activity reached stable levels. Incorporation was viewed as an administrative necessity rather than an early strategic decision. A different pattern is now emerging. Many first-time entrepreneurs choose company registration during very early stages, sometimes before revenue generation, customer acquisition, or product validation. For individuals launching startups, digital businesses, consultancy practices, ecommerce ventures, technology services, and specialised professional operations, formal registration increasingly forms part of initial planning. This behavioural shift reflects changing commercial realities. Founders entering today’s markets operate within environments shaped by investor scrutiny, digital commerce, intellectual property concerns, regulatory awareness, and global opportunities. Early registration is becoming less associated with statutory obligation and more connected with preparedness.

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Insight into Article 5 of Interpretation (II) on Labor Disputes

Insight into Article 5 of Interpretation (II) on Labor Disputes

On July 31, 2025, the Supreme People’s Court issued and implemented the Interpretation (II) of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (“Judicial Interpretation (II)”), which came into effect on September 1, 2025. Article 5 of this Interpretation provides that “a lawfully established representative office of a foreign enterprise may serve as a party in labor dispute cases. Where a party applies to add the foreign enterprise as a co-defendant, the People’s Court shall grant support in accordance with the law.” This provision marks the first time that the litigation capacity of foreign enterprises’ representative offices (“representative offices”) in labor dispute cases has been explicitly recognized. It also establishes a clear legal basis for employees to request the joinder of foreign parent companies as co-defendants. This development not only signifies the further improvement of China’s labor law system concerning foreign-related matters but also imposes higher compliance requirements on multinational enterprises operating in China.

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How to Determine Whether Trademarks Are Identical or Similar?

How to Determine Whether Trademarks Are Identical or Similar?

In practice, if a trademark applicant fails to accurately assess the degree of similarity between a proposed mark and a prior mark, the application is highly likely to be rejected or opposed. It is therefore necessary, within a framework of normative interpretation, to conduct a systematic analysis of the standards, methodologies, and relevant factors for determining whether trademarks are identical or similar.

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Breaking: Nationwide LTCI Rollout—What Employers Must Know

Breaking: Nationwide LTCI Rollout—What Employers Must Know

Recently, the General Office of the CPC Central Committee and the General Office of the State Council issued the Opinions on Accelerating the Establishment of a Long-Term Care Insurance System, marking China’s long-term care insurance (LTCI) system entering a stage of full-scale advancement. As an important component of the social security system, this policy not only concerns public welfare but will also have a profound impact on corporate labor cost structures and human resources management. For enterprises, it is particularly critical to understand the policy framework in advance and prepare accordingly.

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