In a briefing published in PLC Magazine, Jon Tuck and Richard Cook discuss the implications of a recent injunction granted by the High Court to prevent an employer from dismissing and rehiring employees so as to remove an element of contractual pay from their contracts.
At the request of the Single Resolution Board (SRB) SBERBANK Europe AG, domiciled in Vienna, was placed under a moratorium by the Austrian Regulator, FMA, on 27 February 2022. Despite measures SBERBANK took to stem the outflow of funds the SRB decision finds it is likely to be unable to meet its payment obligations at maturity. SRB also held that current and future sanctions – US sanctions limiting access to USD supply by correspondent banks only take effect on 26 March 2022 – make it unlikely that SBERBANK’s liquidity situation will quickly recover. The FMA implemented the SRB’s decision of 27 February 2022 (SRB EES-2022-16), as per the provisions of the Austrian Act on Restructuring and Liquidation of banks (BaSAG) and Art 29 SRM Regulation.
On 23 February 2022, the Belgian Royal Decree of 8 February 2022 on the status and supervision of service providers for the exchange of virtual currency and fiat currency and custodian wallet providers (“Virtual Currency Royal Decree”) was published in the Belgian State Gazette. The Virtual Currency Royal Decree introduces registration requirements and operating conditions for virtual currency service providers into Belgian law. The Virtual Currency Royal Decree will enter into force on 1 May 2022, with a grandfathering regime for existing service providers.
On 22 February 2022, the Chamber of Deputies approved the bill for the conversion into law of decree-law No. 228/2021, which shall now be discussed by the Senate for its final approval by 28 February 2022.
On 31 January 2022, Regulation (EU) 2022/123 on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices (EMA) was published in the Official Journal of the EU.
On 24 January 2022, the Decree of the Ministry of Health dated 10 November 2021 updating the National Classification of Medical Devices was published in the Italian Official Gazette.
With its judgment No. 946/2022, the Council of State confirmed the legitimacy of the Guidelines for the treatment of patients with SARS-CoV-2 infection issued by the Ministry of Health. In this respect, the administrative judge emphasized, however, that the Guidelines provide mere recommendations rather than mandatory provisions, which, from a legal standpoint, must be considered as nonbinding indications for the prescribing physician.
On 28 January 2022 Regulation (EU) 2022/112 amending Regulation (EU) 2017/746 on in vitro diagnostic medical devices was published in the Official Journal of the EU.
In January 2022, the Medical Device Coordination Group published a notice addressed to manufacturers of in vitro diagnostic medical devices with the intended purpose to detect and/or quantify markers of SARS-CoV-2 infection based in non-EU countries and who place such products on the EU market. The purpose of the notice is to address some issues identified by EU national authorities in the course of their surveillance activities on the compliance of such devices with the requirements of Directive 98/79/EC on IVDD.
On January 19, 2022, Farmindustria published an updated version of its Code of Conduct introducing relevant changes on Patient Support Program.