Legal Articles - 2006
Website legal requirements - it's time for an audit! (1st November 2006)
Have you conducted a legal audit of your website and online ordering procedures?
Nearly every business has a website, whether just for information purposes or for selling goods or services.
A new dawn in Irish company law - The new Company Law Reform and Consolidation Bill (1st November 2006)
The Company Law Review Group (CLRG) is a statutory body established to advise the Minister for Enterprise, Trade and Employment (the Minister) on the reform and modernisation of Irish company law.
Employees (Provision of Information and Consultation) Act 2006 (23rd October 2006)
Although passed some time ago, the Employees (Provision of Information and Consultation) Act 2006 has really only started to make a difference for employers since 4 September 2006.
Cross-border patent injunctions (16th October 2006)
In two recent cases, the ECJ has held that cases concerning the validity and infringement of European patents should be brought before national courts.
Data Protection Update: EU and US reach interim deal (16th October 2006)
With this summer's terrorism threats to UK airports, international attention has again focused on the tensions between individual freedoms and the need for effective anti-terrorism measures.
New legislation takes effect concerning information and consultation, work permits, and maternity and adoption leave (2nd October 2006)
The Employees (Provision of Information and Consultation) Act 2006 came into force in July of this year and is applicable to employers with at least 150 employees in Ireland as of September 4, 2006.
Advocate General considers Ireland has failed to fulfill its EC Treaty obligations (14th September 2006)
On 14 September 2006, Adovcate General Stix-Hackl gave his opinion in two cases in which the European Commission is claiming that Ireland has breached its legal obligation to pre-advertise contracts.
Errors in the Irish Statute Book: Is it a Case of Carpe Diem for the Attorney General's Office? (6th September 2006)
Since 1998, those wishing to consult legislation have had the facility to read that legislation either online at www.irishstatutebook.ie or on cd-rom, both of which were produced and maintained by the Office of the Attorney General. The demand for the cd-rom version of the legislation amongst lawyers in Ireland exceeded all expectations, and led to several re-runs of the production process.
Public procurement criteria, specifications and in-house contracts (11th August 2006)
Public procurement relates to the purchase of goods and/or services by public bodies, bodies governed by public law and entities operating in the utilities sector on the basis of special or exclusive rights granted by the state (contracting authorities).
Public procurement update- new European guidance on procurement of low value contracts (8th August 2006)
Low value contracts account for the vast majority of public contracts in the EU; over 90% in some Member States. While individually these contracts may be of low value, collectively they are worth billions of euro annually.
Competition Authority takes action against the Irish Medical Organisation (5th July 2006)
The Competition Authority announced on 3 July 2006 that it had commenced civil legal proceedings against the Irish Medical Organisation (IMO) in the High Court.
Watch out in contract transfer (28th June 2006)
Thanks to etenders, an increasing number of awarding authorities are choosing to advertise procurement opportunities online. However there are some points to watch out for when transferring a contract from one supplier to another.
Online procurement's own rules (27th June 2006)
Thanks to etenders, an increasing number of suppliers are finding plenty of new business opportunities. Nonetheless, some firms are unaware of the legal requirements associated with online procurement. Robert McDonagh answers some questions.
Making Our Laws More Accessible (15th June 2006)
At a recent PAI conference, the Taoiseach announced a new initiative to "restate several areas of law" with a view to making legislation more user-friendly and accessible. The restatement process will be conducted by the Law Reform Commission.
Discovery in Public Procurement Challenges (31st May 2006)
Central Parking Systems (Ireland) Limited v Dublin City Council High Court December 2005. Challenging a contracting authority's decision to award a public works or services contract to another tenderer has always been a difficult decision for unsuccessful tenderers to make.
New Data Protection Commissioner publishes his first report (30th May 2006)
The new DPC’s first report has recently been published. It provides compelling reading for both the State and private sector who are faced with the challenge of providing adequate protection for their customers and employees data.
An Post has failed in its attempt to intervene in a dispute concerning Deutsche Post and the European Commission (19th April 2006)
The European Court of Justice (ECJ) recently (6 April 2006) rejected (1) An Post's appeal against a decision of the European Court of First Instance which prevented An Post from making representations to the ECJ concerning a recent decision of the European Commission (Commission) which Deutsche Post is seeking to have annulled.
Charges against Ford Dealer for Price Fixing Cartel (19th April 2006)
The Director of Public Prosecutions (DPP) has brought charges against a Cork Ford dealer in relation to an alleged cartel among some of Ireland's Ford dealers.
Damned by Faint Praise. The Law on Employment References (4th April 2006)
"It is a relevant circumstance that, in many cases an employee will stand no chance of getting another job, let alone a better job, unless he has been given a reference.” Per Lord Slynn in Spring v Guardian Assurance.(1) This article attempts to address some of the legal questions that flow from the issue of employment references including –
Ireland: Bio Boom (3rd April 2006)
The life science sector plays a major role in Ireland's economy, with many of the world?s top companies operating bases in the country. Martin Kelleher reports on Government initiatives that have contributed to this success, and the challenges that the country faces to attract further foreign investment.
New opportunities, New challenges for Construction Projects in '06 (30th March 2006)
Project procurement featured prominently in the headlines in the latter part of 2005 and many of the developments can only be seen in a positive light.
Introduction to Public Procurement Law (30th March 2006)
Public procurement relates to the purchase of goods and/or services by public bodies, bodies governed by public law and entities operating in the utilities sector on the basis of special or exclusive rights granted by the state (contracting authorities).
MiFID: Draft Level 2 Measures Published (8th March 2006)
On 6 February 2006, the EU Commission published its much anticipated draft Level 2 implementing measures for the Markets in Financial Instruments Directive (2004/39/EC) ("MiFID").
Immigration has replaced emigration as a feature of Irish life (28th February 2006)
Immigration has replaced emigration as a feature of Irish life. Declan Moylan, Managing Partner, Mason Hayes+Curran, says the country must make the most of this influx of new workers.
Europe's draft directive on Service (28th February 2006)
Irish service providers wishing to provide services in other European Union countries frequently encounter a number of obstacles.
Cash Flow: The Life Blood of your Business (28th February 2006)
Ever since our country's participation in the 2002 World Cup finals in Japan and South Korea, the phrase "fail to prepare, prepare to fail" has become embedded in our national psyche.
Intellectual Property for Start-Ups (30th January 2006)
While it may not be the first thing that grabs your attention when starting up a new company or business, every start-up needs to consider intellectual property (IP) protection at an early stage.
