EU Regulatory Practice 2016 Directory of Regulatory Lawyers in K&L Gates European Offices K&L Gates European Office Locations Berlin London Brussels Paris Warsaw Frankfurt Milan Berlin Markgrafenstraße 42 10117 Berlin, Germany T: +49.(0)30.220.029.0 F: +49.(0)30.220.029.499 Brussels The View Building Rue de l’Industrie 26/38 1040 Brussels, Belgium T: +32.(0)2.336.1900 F: +32.(0)2.336.1901 Frankfurt OpernTurm Bockenheimer Landstraße 2−4 60306 Frankfurt am Main, Germany T: +49.(0)69.945.196.0 F: +49.(0)69.945.196.499 London One New Change London EC4M 9AF, England T: +44.(0)20.7648.9000 F: +44.(0)20.7648.9001 Milan piazza San Marco, 1 20121 Milan, Italy T: +39.02.3030.291 F: +39.02.3030.2933 Paris 116 avenue des Champs-Elysées 75008 Paris, France T: +33.(0)1.58.44.15.00 F: +33.(0)1.58.44.15.01 Warsaw Pl. Małachowskiego 2 00-066 Warsaw, Poland T: +48.22.653.4200 F: +48.22.653.4250 OUR EU REGULATORY PRACTICE Government regulation affects almost every aspect of a company’s business. Authorisations, certifications, licences, reporting requirements, and a myriad of regulatory obligations and restrictions have become the daily burden of companies who otherwise only seek the right to conduct their business activities in an open and free market. For companies without a solid grasp of the regulatory framework applicable to them, failure to comply with those requirements can lead to burdensome government investigations into their business. Apart from serious commercial consequences, such proceedings can lead to heavy penalties and, in the most serious circumstances, to criminal sanctions imposed on company executives. As a response to the growing importance of regulation for our clients’ businesses, K&L Gates has dedicated one of its core practice areas to Global Government Solutions. Lawyers in this practice work seamlessly in integrated teams across 45 offices in the United States, Europe, Asia, the Middle East, South America, and Australia. Our lawyers assist companies not only in operating effectively through the maze of regulatory obligations while ensuring compliance, but also on how to influence and take advantage of the regulatory framework. Regulatory instruments not only constitute obligations, but also present opportunities to improve a company’s competitive edge. The breadth of K&L Gates’ European Regulatory Group reflects the fact that EU law is not only Brussels-focused: it also has a significant impact on the laws and regulations in force in the various EU Member States which derive directly from EU law. Our European Regulatory Group combines the knowledge, skills, languages and resources of our firm’s European offices in Berlin, Brussels, Frankfurt, London, Milan, Paris, and Warsaw. This Directory of our European Regulatory capabilities provides a concise overview of K&L Gates’ regulatory lawyers located across Europe. The Directory is structured by regulatory practice area, and provides essential information on each lawyer’s proven experience within that sector. The objective of the Directory is to assist clients looking for a specific capability and to facilitate efficient contact between those clients and the appropriate member(s) of our European Regulatory Group. Our European Regulatory Group combines the knowledge, skills and resources of our firm’s European offices. Table of Contents Agriculture and Fisheries.................................................................. 2 Competition.................................................................................... 2 Data Protection and Privacy.............................................................. 3 Distribution and e-Commerce............................................................ 3 Energy and Climate Change............................................................... 4 Environment, Chemicals and Natural Resources.................................. 4 Financial Services............................................................................ 5 Food and Nutrition........................................................................... 5 Gambling........................................................................................ 6 Health and Life Sciences.................................................................. 6 Intellectual Property and Technology Licensing................................... 7 International Trade and Export Control................................................ 7 Media and Sports............................................................................. 8 Product Safety and Liability.............................................................. 9 Public Procurement.......................................................................... 9 Subsidies and Grants....................................................................... 9 Tax and Customs Law..................................................................... 10 Telecoms...................................................................................... 10 Transport...................................................................................... 10 White Collar Crime......................................................................... 11 Index of Regulatory Lawyers in K&L Gates European Offices........................................................ 12 Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. 1 Agriculture and Fisheries The recent entry into force of the reformed Common Agricultural Policy and Common Fisheries Policy will require these sectors to adapt to some profound changes. The Commission and the national authorities of the Member States of the EU will now be working to implement the new rules throughout 2014 which will have significant effects and will require industry to take immediate action. Philip Torbøl Partner, Brussels Fisheries Raminta Dereskeviciute Senior Associate, London Fisheries, Agriculture Competition Competition law regulates the way companies do business, at both EU and national levels. This includes strict behavioural rules governing arrangements between companies, such as horizontal agreements between competitors and vertical agreements between manufacturers/ suppliers and distributors, as well as abusive conduct put in place by dominant companies. Mergers and joint ventures that meet the relevant filing requirements also need to be reviewed from a competition perspective. Recent years have seen an increasing awareness and ability for claimants to bring damages actions before EU national courts as a result of a competition law breach. The European Commission has just published a draft directive and recomendation which seek to facilitate competition law private actions in the EU. Neil Baylis Partner, London Merger Control, Compliance, Distribution, Cartels, Dominance, UK Competition Law Philip Torbøl Partner, Brussels Dominance, Cartels, Distribution, State-Aid, Danish Competition Law Lech Najbauer Counsel, Warsaw Cartels, Compliance, Merger Control Karol Lasocki Partner, Warsaw Cartels, Dominance Dominika Mizielinska Of Counsel, Warsaw Compliance, Dominance, Antitrust Scott Megregian Partner, London, Brussels Merger Control, Compliance, Distribution, Cartels, Dominance, UK Competition Law Francesco Carloni Counsel, Brussels Merger Control, Cartels, Dominance, Compliance, State Aid, Competition Law, Italian Competition Law Marcin Trepka Counsel, Warsaw Cartels, Dominance, Antitrust, Compliance, EU Competition Law, Polish Competition Law Jennifer Marsh Senior Associate, London Merger Control, Compliance, Distribution, Cartels, Dominance, UK Competition Law Annette Mutschler-Siebert Partner, Berlin Merger Control, German Competition Law, Compliance, Antitrust Elizabeth Robertson Partner, London Cartels 2 Directory of Regulatory Lawyers in K&L Gates European Offices Data Protection and Privacy The EU Data Protection framework sets high standards for the protection of personal data, which are broadly exported worldwide through legal requirement for Protection of Data outside the EU. This means that companies processing personal data have to comply with a complex set of rules, in an increasingly globalised and constantly evolving technical landscape. European data protection authorities have broad enforcement powers. The European Institutions are currently revising the EU Data Protection legal framework, which will likely result in legislative changes in 2015. Our firm includes key individuals who followed the drafting of the EU Reform as well as each step of the ongoing parliamentary debate. This allows our client to weigh on the final drafting of the proposed reform and to anticipate its upcoming enforcement at EU and global level. Claude-Etienne Armingaud Partner, Paris Whistle-blowing, International Data Transfer Arthur Artinian Partner, London Data Privacy Compliance, Behavioural and Online Marketing, Transactional data issues Friederike Gräfin von Brühl Partner, Berlin International Data Transfer, IT Outsourcing, Compliance Andrew Danson Partner, London Online Marketing, Privacy Policies, Compliance, International Data Transfer Etienne Drouard Partner, Paris International Data Transfer, Security, Behavioural and Online Marketing Oskar Tułodziecki Partner, Warsaw Compliance, Data Protection, Online-Marketing, Whistle-blowing Wilhelm Hartung Partner, Berlin, Frankfurt Compliance, Privacy Internal Investigations, Data Privacy Policy Dominika Mizielinska Of Counsel, Warsaw Whistle-blowing, Compliance, IT Outsourcing Mathias Schulze Steinen Partner, Frankfurt IT Outsourcing, Compliance, International Data Transfer Philip Torbøl Partner, Brussels Passenger Records, International Data Transfer Alessandra Feller Associate, Milan Data Protection Ewelina Madej Associate, Warsaw Compliance, Data Protection Distribution and e-Commerce Distribution and supply agreements represent one of the most commonly exchanged commercial documents. All such agreements are subject to EU rules designed to avoid any restriction of competition. These rules, which have been recently updated, also apply to online sales. e-Commerce plays an important role in the development of cross-border shopping in the internal market. For this reason, the EU has implemented a set of laws which aims at providing common rights for consumers and establishing obligations for retailers throughout Europe. Claude-Etienne Armingaud Partner, Paris Distance Selling, Consumer Protection, Marketing Arthur Artinian Partner, London e-Commerce Strategies, Service Provider Liability, Jurisdictional Issues, Consumer Protection Neil Baylis Partner, London Agency, Distance Selling Andrew Danson Partner, London e-Commerce, Marketing, Distance Selling, Consumer Protection, Commercial Distribution Giampaolo Salsi Partner, Milan Commercial Distribution, Vertical Agreements, e-Commerce, Consumer Protection Andrea Campana Associate, Milan e-Commerce, Consumer Protection Oskar Tułodziecki Partner, Warsaw Service Providers Liability, Consumer Protection, e-Commerce Alessandra Feller Associate, Milan Commercial Distribution, Vertical Agreements, Commercial Agency, E-Commerce, Consumer Protection Dominika Mizielinska Of Counsel, Warsaw Commercial Distribution, e-Commerce Francesco Peruffo Associate, Milan Commercial Distribution, Vertical Agreements Jennifer Marsh Senior Associate, London Commercial Distribution, Agency, e-Commerce Strategies Ariane Samson-Divisia Associate, Paris Distance Selling, Consumer Protection, e-Commerce Etienne Drouard Partner, Paris e-Commerce Strategies, Marketing Data, Distance Selling, Consumer Protection Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. 3 Energy and Climate Change Energy policy is increasingly taking a central role in the EU. Several regulatory measures are in place at EU and national level requiring industry’s compliance and covering both fossil-fuelled sources (oil, gas and coal) and alternative/renewable sources (solar, wind, biomass, geothermal, hydro-electric and tidal). An EU legislative framework, including energy liberalisation packages as well as measures specifically promoting energy from renewable sources and energy efficiency, was adopted with the aim of achieving an internal market for energy and reduce greenhouse gas emissions. National rules, either implementing the EU legal framework or addressing national specific issues, are in force in the various EU Member States. A new Commission recommendation on shale gas, adopted in 2014, lays down principles for shale gas exploration and extraction. Sebastian Charles Partner, London Nuclear, Renewables, Waste Technologies, Fossil Fuels, Carbon Reduction Commitment, Energy Efficiency Tomasz Dobrowolski Partner, Warsaw Renewables, EU Liberalisation Packages, Nuclear Christian Hullmann Partner, Berlin Renewables Infrastructure Marcin Trepka Counsel, Warsaw Renewables, Energy Efficiency, Renewables Infrastructure Karol Lasocki Partner, Warsaw Renewables, Clean Coal Technologies, Fossil Fuels, Gas, Carbon Reduction Commitment, Energy Efficiency Raminta Dereskeviciute Senior Associate, London Energy Efficiency, Emissions Trading Environment, Chemicals and Natural Resources The EU has adopted a substantial and diverse range of environmental measures to improve the quality of the environment, including air, soil, water, waste, noise, land use, biodiversity, climate change and sustainable development. EU legislation on environmental liability also imposes significant obligations with regard to the prevention and remedying of environmental damage and has been strengthened through criminal offences and penalties. Adoption of the REACH Regulation (Registration, Evaluation and Authorisation of Chemicals) has radically altered European chemicals policy, the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) has been incorporated into EU legislation (CLP Regulation), management and treatment of dangerous substances has been shaped and a variety of Directives and Regulations are being reviewed and updated as a result. In parallel, new EU legislation on pesticides and biocides has been adopted. Furthermore, a regulatory and policy framework on nanomaterials is developing. Sebastian Charles Partner, London Impact Assessment, Waste, Contaminated Land, Minerals, Water, Environmental Permitting Tomasz Dobrowolski Partner, Warsaw Shale Gas, REACH Olivia Lê Horovitz Partner, Paris Waste, Environmental Labels and Standards, Pollution Protection, Reactive Chemical Management 4 Christian Hullmann Partner, Berlin Environmental Due Diligence Mathias Schulze Steinen Partner, Frankfurt REACH, CLP, Chemicals, Waste Karol Lasocki Partner, Warsaw Environmental Permitting, Impact Assessment, Waste, Contaminated Land, Minerals, Water Raminta Dereskeviciute Senior Associate, London Chemical and Environmental Regulation, CLP Scott Megregian Partner, London, Brussels REACH Directory of Regulatory Lawyers in K&L Gates European Offices Financial Services Financial services activities in the EU such as investment management, banking, securities broking, insurance mediation and money transmission are subject to laws based upon a growing body of targeted EU Directives and Regulations. Much of this EU-level legislation is being, or has been, strengthened in response to the global financial crisis. Some areas of activity, for example alternative investment funds, are having to deal with specific EU-level regulation for the first time. The sheer number and scope of EU regulatory initiatives in the financial services area is staggering, with many new or revised Directives and Regulations reaching the implimentation phase of their development in 2015. Bastian Bongertz Partner, Frankfurt Prospectus Regulation Christian Büche Partner, Frankfurt Securities Regulation, Investment Services, Restructuring, BaFin Regulation Sean Donovan-Smith Partner, London Cross-border Regulatory Issues, Regulatory Compliance, FCA Regulation and Enforcement Till Fock Partner, Berlin Investment Management, Trading in Loan Portfolios, Banking Regulation Volker Gattringer Partner, Frankfurt Banking, Investment Services Matthias Grund Partner, Frankfurt Banking, Bail-out Packages, Investment Services, Restructuring Robert Hadley Partner, London Anti-Corruption, Insider Dealing, FCA Regulation and Enforcement, Market Abuse Andrew Massey Partner, London UCITS, Retail Funds, PRA and FCA Regulation Philip Morgan Partner, London PRA, FCA and EU Securities Regulation, Investment Management, Market Abuse, Insurance Mediation, Payment Services, Banking Regulation Elizabeth Robertson Partner, London Contentious Matters, Insider Dealing, FCA Regulation and Enforcement Frank Thomas Partner, Frankfurt Leasing Regulations, Financial Instruments Giovanni Campi Financial Services Policy Director, Brussels Banking, Prudential Regulation, Capital Markets, Supervision, Financial Transaction Tax David Savell Senior Associate, London Money Laundering Regulations, Insider Dealing, FCA Regulation and Enforcement Oliver Lewis Associate, London FCA and EU Securities Regulation, Investment Management, Investment Services, Investment Funds Vittorio Salvadori di Wiesenhoff Partner, Milan VAT, Withholding Taxes, Financial Transaction Tax , Capital Gain Tax Food and Nutrition Food and nutrition continues to be at the forefront of the Union’s action. The EU regulatory bodies have, since the food crises of the 90s, adopted a very proactive approach in the area. This has translated into a modernization of the EU legal framework, the creation of the European Food Safety Authority, countless legislative initiatives, and other measures aiming at guaranteeing a high level of human health and consumer protection and the functioning of the Internal Market. In an area widely harmonized by the EU legislature, the main challenges relate to the uniformity of the interpretation in the different EU countries. Areas such as nutrition and health claims, which include a harmonized list of EU wide claims, the provision of food information to consumers, and the regulation on food contact materials are good examples of this trend. Nutrition policy is an area of voluntary industry commitments, such as the EU Platform for Action on Diet, Physical Activity and Health (DPAH), which aims to promote balanced diets and healthy lifestyles on a voluntary basis. The EU regulators rely on these initiatives and closely monitor their development. Only when they fail to achieve the expected objectives, does legislative action takes place. Raminta Dereskeviciute Senior Associate, London Food Products Marketing, Food Safety Agnieszka Suchecka-Tarnacka Associate, Warsaw Food, Food Supplements, Nutrition Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. 5 Gambling Gambling, and in particular the regulation of online gambling, continues to be a hot topic at EU level. Against the background of a stateby-state regulatory approach which continues to move towards a requirement for 28 separate licences to provide services throughout the Internal Market, and a host of Court of Justice of the European Union (CJEU) judgments, we are now starting to see policy developments at a regulatory level. In 2014, the European Commission published its recommendations on principles for the protection of consumers of online gambling services, and the prevention of minors from gambling. Also in 2014, the European Commission for the first time referred a Member State (Sweden, twice) to the CJEU for imposing restrictions on online gambling services which the Commission considers to be inconsistent with EU law. 2015 should also see the CJEU rule on the compliance with EU law of Germany’s Inter-State Treaty in relation to gambling services, in a case referred to it by the German Courts. The outcomes of these cases will be anticipated eagerly, as both private gambling operators and state-sponsored monopolies look for the upper hand in their ongoing battle across the EU. Claude-Etienne Armingaud Partner, Paris On-line Gambling, Gaming Regulations Boris Kläsener Partner, Frankfurt On-line Gambling Dominika Mizielinska Of Counsel, Warsaw On-line Gambling, Gambling Regulations Andrew Danson Partner, London On-line Gambling, UK/EU Regulation, Data Rights, Sponsorship, Competitions Warren Phelops Partner, London On-line Gambling, UK Regulation, Data Rights, Sponsorship, Competitions Elizabeth Dunn Associate, London On-line Gambling, UK/EU Regulation, Sponsorship, Competitions Etienne Drouard Partner, Paris On-line Gambling, Gambling Regulations, Marketing & Advertising Philip Torbøl Partner, Brussels Gambling Ariane Samson-Divisia Associate, Paris On-line Gambling, Gambling Regulations, Marketing & Advertising John Elgar Partner, London On-line Gambling, UK Regulation, Sponsorship, M&A, Competitions Health and Life Sciences Many aspects of this sector are regulated at EU level, including medicinal products, orphan medicines, traditional herbal medicines, vaccines, clinical trials and medical devices. Major changes to the clinic trials and medical devices legislation are currently being negotiated. Complex requirements for marketing authorisation and conformity assessment make it essential for manufacturers to have expert assistance navigating the ever-changing regulatory maze. Etienne Drouard Partner, Paris Clinical Trials, Marketing Regulation Raminta Dereskeviciute Senior Associate, London Medical Devices Agnieszka Suchecka-Tarnacka Associate, Warsaw Clinical Trials Mathias Schulze Steinen Partner, Frankfurt Clinical Trials, Regulation on Drugs and Medical Devices, Marketing Regulation 6 Directory of Regulatory Lawyers in K&L Gates European Offices Intellectual Property and Technology Licensing Intellectual property licensing is subject to an increasing range of EU law and regulation which relates both to intellectual property rights themselves and to the exploitation of those rights. The continuing harmonisation of the legislation across the EU in relation to the various classes of intellectual property is reflected in the growing body of law in this area. The European Union is currently rolling out a new unitary patent system which is a key example of this continuing harmonisation. At the same time, the concept of exclusive national rights and/or monopolies is at the heart of intellectual property rights, thus IP licensing, especially where cross-border issues and territorial exclusivity are involved, needs to be balanced with potentially conflicting areas of EU law. These areas include not only EU competition law, together with the various Block Exemptions which relate to different types of IP licensing, but also specific EU regulations, such as export controls. As well as reviewing and updating such regulations and Block Exemptions periodically, the EU also produces, on an ongoing basis, a wide range of significant new initiatives and proposed legislation which relate to IP licensing and rights management. Martin von Albrecht Partner, Berlin Copyright, Licensing Claude-Etienne Armingaud Partner, Paris Copyright, Trademark Registration, Prosecution and Licensing Arthur Artinian Partner, London IP Licensing; Trademark, Copyright, Design and Trade Secret Counselling, IP Litigation, Antipiracy Friederike Gräfin von Brühl Partner, Berlin Copyright, IT Etienne Drouard Partner, Paris Copyright, Trademark Registration, Prosecution, Licensing Alessandra Feller Associate, Milan IP Licensing, Trademarks, Software Licensing, IT, Copyright Oskar Tułodziecki Partner, Warsaw Copyright, Trademarks, Trade Secrets, IP Licensing and Litigation Ewelina Madej Associate, Warsaw Copyright, Trademarks, Antipiracy Dominika Mizielinska Of Counsel, Warsaw Software Licensing, IT Andrew Gilchrist Senior Associate , London IP Litigation, IP Procurement Ariane Samson-Divisia Associate, Paris Copyright, IP Litigation, Software Licensing Michał Ziółkowski Associate, Warsaw Copyright, Trademarks, Patent Design Registrations, IP Licensing, Antipiracy International Trade and Export Control International trade includes import and export controls, trade remedies, international trade and investment agreements and trade sanctions such as arms embargoes and asset freezes. With the exception of investment agreements, all international trade matters are negotiated and enacted at EU level. Etienne Drouard Partner, Paris Export Control, e-Discovery Ignasi Guardans Partner, Brussels EU Policy & Regulation, Media Convergence Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. Philip Torbøl Partner, Brussels FTA, WTO, Market Access, Anti-Dumping 7 Media and Sports Nothing could demonstrate better the convergence of the sports, media and EU regulatory worlds than the landmark “pub landlady” Court of Justice of the European Union case (CJEU), which has had sports broadcasters and governing bodies scrutinising their business models. In addition, the CJEU has recently clarified the existence or otherwise of rights in sports data, which has been a hotly-disputed topic for the last decade. Those cases are merely the most recent of a long history of key EU intervention in the area, from the body of EU Directives and Regulations which govern the media and broadcasting industry, through EU fundamental freedom and competition law issues shaping areas as diverse as the packaging and collective selling of sports rights, the sale of ticketing and hospitality packages, sports merchandising rights and football transfer markets, to the new recognition of the specificity of sport enshrined in Article 165 of the Treaty on the Functioning of the European Union. Martin von Albrecht Partner, Berlin Media, Entertainment Etienne Drouard Partner, Paris Broadcasting Rights Oskar Tułodziecki Partner, Warsaw Media, Entertainment Claude-Etienne Armingaud Partner, Paris Entertainment, Broadcasting Rights, Press & Liability John Elgar Partner, London Media Rights, Sponsorship, Events, Discipline, M&A Jennifer Marsh Senior Associate, London Media Rights Licensing, Antitrust Arthur Artinian Partner, London Sponsorship, Entertainment, Advertising, Media Rights Licensing, Major Events Matthias Grund Partner, Frankfurt Broadcasting Rights Neil Baylis Partner, London Media Rights Licensing, Antitrust Friederike Gräfin von Brühl Partner, Berlin Press, Film, Media Andrew Danson Partner, London Broadcasting, Media Rights, Sponsorship, Events, Data Rights 8 Scott Megregian Partner, London, Brussels Discipline Specific Regulations, Antitrust, Sponsorship Elizabeth Dunn Associate, London Broadcasting, Media Rights, Sponsorship, Events Alessandra Feller Associate, Milan Sponsorship, Licensing Annette Mutschler-Siebert Partner, Berlin Licensing, Sponsorship Rights, Digital Satellite TV Warren Phelops Partner, London Media Rights, Sponsorship, Events, Data Rights, Discipline Directory of Regulatory Lawyers in K&L Gates European Offices Product Safety and Liability Manufacturers and importers are required to comply with complex rules, including the General Product Safety Directive, in order to be able to market their products within the EU. Numerous product specific laws exist, which impose detailed safety requirements for categories such as chemicals, cosmetics, pharmaceuticals, electrical and electronic equipment, toys, etc. In addition, producers are subject to strict liability for defective products under the Product Liability Directive. National penalties for non-compliance vary within the EU and can be severe. Claude-Etienne Armingaud Partner, Paris EU/French Advertising and Marketing, Consumer Protection, Labelling Neil Baylis Partner, London Product Liability and Safety, Comparative Advertising Mathias Schulze Steinen Partner, Frankfurt Product Safety, CE Marking Raminta Dereskeviciute Senior Associate, London Toy Safety, Product Liability and Safety, CE Marking, Labelling Ariane Samson-Divisia Associate, Paris Market Access, Advertising & Marketing, Comparative Advertising Agnieszka Suchecka-Tarnacka Associate, Warsaw Marketing, Direct Sales Etienne Drouard Partner, Paris EU/French Advertising and Marketing, Consumer Protection, Labelling Public Procurement Public procurement law requires most public-sector contracts above a certain value to be advertised in the EU Official Journal so as to enable contractors from all Member States to compete. EU Directives lay down details of the procedure for tender and award of contracts and remedies for infringement. While different processes such as competitive dialogue and the negotiated procedure can add to the complexity, failure to observe the detailed requirements can invalidate the process and give rise to challenges which may (since the new Remedies Directive) in some cases lead to annulment of an awarded contract. In Summer 2013, the European Parliament and the Council agreed on the revision of the EU Directives in order to modernise EU private procurement laws. Once the new Directories are officially adopted, Member States will have 24 months to amend national laws to comply with new rules. Etienne Drouard Partner, Paris All Procurement Procedures Wladek Rzycki Partner, Warsaw All Procurement Procedures Marion Baumann Associate, Berlin All Procurement Procedures Annette Mutschler-Siebert Partner, Berlin All Procurement Procedures Subsidies and Grants The main part of the EU’s budget goes to subsidies. Billions and billions of Euros in subsidies support agriculture, regional development, R&D projects, and development aid. Many large and smaller projects qualify and benefit each year from EU subsidies. The procedures required to obtain those subsidies can seem complex and burdensome, but in these times of economic difficulty for many companies, they are often worth the effort. Annette Mutschler-Siebert Partner, Berlin Regional Development Programmes Philip Torbøl Partner, Brussels Development Aid Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. Raminta Dereskeviciute Senior Associate, London Structural Funds 9 Tax and Customs Law Regulatory tax aspects have been greatly influenced by key decisions of the Court of Justice of the European Union (CJEU) and by the availability of certain tax reliefs with an EU basis. The Abuse of Rights Doctrine, which prevents the use of EU law for fraudulent or abusive purposes, has been further developed by the CJEU and applied in domestic cases. There have also been developments relating to the treatment of tax losses in foreign branches following case law in the EU. EU law ensures that payments of dividends, interest and royalties within the same group of companies operating in different EU Member States do generally not suffer double taxation. These developments and their continuing evolution will be of paramount significance in relation to commercial tax planning on a European or International level. Giles Bavister Partner, London Corporate Tax, VAT Annette Mutschler-Siebert Partner, Berlin Country of Origin, Product Classification Bertrand Dussert Partner, Paris VAT, Corporate Tax, Litigation Rainer Schmitt Partner, Frankfurt Direct and Indirect Taxes Philip Torbøl Partner, Brussels Country of Origin, VAT Exemption Telecoms The telecoms sector is one of the most heavily regulated in Europe. The laws and regulations of each Member State derive from a complex matrix of interconnecting EU Directives and Regulations. Ever increasing technological convergence, and the proliferation of web-based communications services, means that telecoms regulation now reaches into the boardrooms of a wide range of businesses far beyond traditional telecoms service providers, on issues such as authorisation, access, data retention, users’ rights and data protection/privacy. The picture has been further complicated by the inconsistent adoption by Member States of recent Directives amending the current legislation which has as its aim the consolidation of the single market, streamlining the market review procedure, and improving consumer protection. Etienne Drouard Partner, Paris EU & French Telecoms Regulation, Commercial Agreements Ignasi Guardans Partner, Brussels EU Trade Policy, FTAs, Trade & Development Dorota Koseła Associate, Warsaw EU and Polish Telecoms Regulations, Commercial Agreements, Telecommunication Secrecy, Mobile Payment Services Transport Transport is at the core of the EU’s long-term plan for sustainability. Liberalisation efforts and the dream of multi-modal transport continue to generate new regulations and agreements at EU and international level affecting all operators of air transport, rail, road transport and maritime transport operators. 10 Neil Baylis Partner, London Maritime Annette Mutschler-Siebert Partner, Berlin Procurement, Infrastructure Philip Torbøl Partner, Brussels Air Transport and Distribution, Maritime Wilhelm Hartung Partner, Berlin, Frankfurt Air Transport Frank Thomas Partner, Frankfurt Rail, Air, Security Raminta Dereskeviciute Senior Associate, London Dangerous Goods, Maritime Directory of Regulatory Lawyers in K&L Gates European Offices White Collar Crime The behaviour of companies is becoming the subject of greater focus from authorities in Europe, and globally. Our Government Enforcement and Anti-Corruption Practice provides advice, representation, investigation and training in relation to the increasingly complex area of corporate criminal offences. The team regularly assists clients in the conduct of internal investigations, advising the client every step of the way on their options and risks and giving clear and pragmatic guidance based on a wealth of experience of dealing with similar problems for others in the past. If regulators become involved we negotiate on the client’s behalf and have consistently achieved excellent results for our clients, including persuading regulators to discontinue investigations and prosecutions. We have in-depth experience in dealing with a range of corporate and individual criminal issues and a multitude of government enforcement agencies in Europe. We have also provided advice and representation in respect of a number of US enforcement agencies, including the US Department of Justice (“DoJ”) and the US Securities and Exchange Commission (“SEC”). Christine Braamskamp Partner, London Anti-corruption, Health & Safety Investigations, Mutual Legal Assistance and Extradition Elizabeth Robertson Partner, London Government Enforcement, Anti-Corruption, Internal Investigations Laura Atherton Senior Associate, London Government Enforcement, Training and Compliance, Ethical Due Diligence Robert Hadley Partner, London Government Enforcement, Anti-Corruption, Internal Investigations Sasi-Kanth Mallela Special Counsel, London Anti-corruption, Internal Investigation, SFO Investigations David Savell Senior Associate, London Anti Money Laundering, Caution and Compelled Interviews, Civil Recovery Proceedings Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. 11 Index of Regulatory Lawyers in K&L Gates European Offices 12 Martin von Albrecht Partner Berlin +49.(0)30.220.029.400 martin.albrecht@klgates.com Christine Braamskamp Partner London +44.(0)20.7360.8131 christine.braamskamp@klgates.com Claude-Etienne Armingaud Partner Paris +33.(0)1.58.44.15.16 clawdey.armingaud@klgates.com Friederike Gräfin von Brühl Partner Berlin +49.(0)30.220.029.415 friederike.bruehl@klgates.com Arthur Artinian Partner London +44.(0)20.7360.8207 arthur.artinian@klgates.com Christian Büche Partner Frankfurt +49.(0)69.945.196.365 christian.bueche@klgates.com Laura Atherton Senior Associate London +44.(0)20.7360.8322 laura.atherton@klgates.com Andrea Campana Associate Milan +39.02.3030.2947 andrea.campana@klgates.com Marion Baumann Associate Berlin +49.(0)30.220.029.306 marion.baumann@klgates.com Giovanni Campi Financial Services Policy Director Brussels +32.(0).2.336.1910 Giovanni.Campi@klgates.com Neil Baylis Partner London +44.(0).20.7360.8140 neil.baylis@klgates.com Francesco Carloni Counsel Milan +32.(0)2.336.1908 francesco.carloni@klgates.com Dr. Bastian Bongertz Partner Frankfurt +49.(0)69.945.196.366 bastian.bongertz@klgates.com Sebastian Charles Partner London +44.(0).20.7360.8205 sebastian.charles@klgates.com Giles Bavister Partner London +44.(0).20.7360.8173 giles.bavister@klgates.com Andrew Danson Partner London +44.(0).20.7360.8153 andrew.danson@klgates.com Directory of Regulatory Lawyers in K&L Gates European Offices Raminta Dereskeviciute Senior Associate London +44.(0).20.7360.8264 raminta.dereskeviciute@klgates.com Volker Gattringer Partner Frankfurt +49.69.945.196.280 volker.gattringer@klgates.com Tomasz Dobrowolski Partner Warsaw +48.22.653.4221 tomasz.dobrowolski@klgates.com Andrew W J Gilchrist Senior Associate London +44.(0).20.7360.8148 andrew.gilchrist@klgates.com Sean Donovan-Smith Partner London +44.(0)20.7360.8202 sean.donovan-smith@klgates.com Matthias Grund Partner Frankfurt +49.(0)69.945.196.240 matthias.grund@klgates.com Etienne Drouard Partner Paris +33.(0)1.58.44.15.12 etienne.drouard@klgates.com Ignasi Guardans Partner Brussels +32.(0)2.336.1949 ignasi.guardans@klgates.com Elizabeth Dunn Associate London +44.(0).20.7360.8256 elizabeth.dunn@klgates.com Robert Hadley Partner London +44.(0).20.7360.8166 robert.hadley@klgates.com Bertrand Dussert Partner Paris +33.(0)1.58.44.15.28 bertrand.dussert@klgates.com Wilhelm Hartung Partner Berlin +49.(0)30.220.029-220 wilhelm.hartung@klgates.com John Elgar Partner London +44.(0).20.7360.8108 john.elgar@klgates.com Olivia Lê Horovitz Partner Paris +33.(0)1.58.44.15.27 olivia.lehorovitz@klgates.com Alessandra Feller Associate Milan +39.02.3030.2939 alessandra.feller@klgates.com Christian Hullmann Partner Berlin +49.(0).30.220.029.140 christian.hullmann@klgates.com Dr. Till Fock Partner Berlin +49.(0)30.220.029.320 till.fock@klgates.com Boris Kläsener Partner Frankfurt +49.(0).69.945.196.370 boris.klaesener@klgates.com Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. 13 14 Dorota Koseła Associate Warsaw +48.22.653.4200 dorota.kosela@klgates.com Philip Morgan Partner London +44.(0).20.7360.8123 philip.morgan@klgates.com Karol Lasocki Partner Warsaw +48.22.653.4200 karol.lasocki@klgates.com Annette Mutschler-Siebert Partner Berlin +49.(0)30.220.029.355 annette.mutschler-siebert@klgates.com Oliver Lewis Associate London +44.(0)20.7360.8241 oliver.lewis@klgates.com Lech Najbauer Counsel Warsaw +48.22.653.4216 lech.najbauer@klgates.com Ewelina Madej Associate Warsaw +48.22.653.4237 ewelina.madej@klgates.com Francesco Peruffo Associate Milan +39.02.3030.2942 francesco.peruffo@klgates.com Sasi-Kanth Mallela Special Counsel London +44.(0)20.7360.8112 sasi-kanth.mallela@klgates.com Warren Phelops Partner London +44.(0).20.7360.8129 warren.phelops@klgates.com Jennifer Marsh Senior Associate London +44.(0)20.7360.8223 jennifer.marsh@klgates.com Elizabeth Robertson Partner London +44.(0)20.7360.8255 elizabeth.robertson@klgates.com Andrew Massey Partner London +44.(0).20.7360.8233 andrew.massey@klgates.com Wladek Rzycki Partner Warsaw +48.22.653.4205 wladek.rzycki@klgates.com Scott Megregian Partner London, Brussels +44.(0).20.7360.8110 +32.(0).2.336.1909 scott.megregian@klgates.com Giampaolo Salsi Partner Milan +39.02.3030.2950 giampaolo.salsi@klgates.com Dominika Mizielinska Of Counsel Warsaw +48.22.653.4213 dominika.mizielinska@klgates.com Ariane Samson-Divisia Associate Paris +33.(0)1.58.44.15.00 ariane.samson-divisia@klgates.com Directory of Regulatory Lawyers in K&L Gates European Offices Vittorio Salvadori di Wiesenhoff Partner Milan +39.02.3030.2948 vittorio.salvadori@klgates.com Oskar Tułodziecki Partner Warsaw +48.22.653.4211 oskar.tulodziecki@klgates.com David Savell Senior Associate London +44.(0).20.7360.8266 david.savell@klgates.com Frank Thomas Partner Frankfurt +49.(0).69.945.196.270 frank.thomas@klgates.com Rainer Schmitt Partner Frankfurt +49.(0).69.945.196.290 rainer.schmitt@klgates.com Philip Torbøl Partner Brussels +32.(0)2.336.1903 philip.torbol@klgates.com Mathias Schulze Steinen Partner Frankfurt +49.(0).69.945.196.260 mathias.schulze-steinen@klgates.com Marcin Trepka Counsel Warsaw +48.22.653.4200 marcin.trepka@klgates.com Agnieszka Suchecka-Tarnacka Associate Warsaw +48.22.653.4217 agnieszka.suchecka-tarnacka@klgates.com Michał Ziółkowski Associate Warsaw +48.22.653.4291 michal.ziolkowski@klgates.com Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details. 15 Anchorage Austin Fort Worth Frankfurt Orange County Beijing Berlin Harrisburg Palo Alto Paris Boston Hong Kong Perth Brisbane Houston Pittsburgh Brussels London Portland Charleston Los Angeles Raleigh Charlotte Melbourne Research Triangle Park Chicago Miami Dallas Milan San Francisco Doha Newark Dubai New York São Paulo Seattle Seoul Shanghai Singapore Sydney Taipei Tokyo Warsaw Washington, D.C. Wilmington K&L Gates comprises approximately 2,000 lawyers globally who practice in fully integrated offices located on five continents. The firm represents leading multinational corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals. For more information about K&L Gates or its locations, practices and registrations, visit klgates.com. ©2016 K&L Gates LLP. All Rights Reserved. 11066 This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.