Public Sector | 01 February 2010

On 3 December 2009, following an action brought by the European Commission under article 226 of the EC Treaty (now article 258 of the Treaty on the Functioning of the EU) the European Court of Justice (ECJ) confirmed that Germany had failed to comply with its obligations under the European regulatory framework for telecommunications (the Common Regulatory Framework (CRF)). The ECJ’s judgment in European Commission v Germany [2009] confirms that Germany acted unlawfully by adopting a national law excluding ‘new markets’ from regulation – so called ‘regulatory holidays’. [Continue Reading]

Technology, Media and Telecoms | 05 December 2009

Given the relatively frequent occurrence of disputes over contracts for the supply of software and IT services, dispute resolution provisions are an important feature. In the recent case of Ericsson AB v Eads Defence and Security Systems Ltd [2009], the High Court had an opportunity to consider such provisions and their relationship with rights of termination and remedies under the contract.

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