BLOMSTEIN has successfully advised Teva Pharmaceutical Industries Limited (Teva) on the German foreign direct investment aspects of its strategic licensing collaboration with MODAG GmbH (MODAG).

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A Comissão Europeia apresentou, em 17 de novembro de 2021, a “Proposta de regula-mento sobre produtos sem desmatamento” (Regulamento sobre Desmatamento ou Regulamento, cujos documentos relevantes podem ser encontrados aqui), com objetivo de evitar a comercialização em seu território de produtos associados a desmatamento ou degradação florestal. A lista de produtos é definida pelo art. 1º do Regulamento sobre Desmatamento, a saber: gado (seja o gado in natura, carne ou couro), cacau, café, óleo de palma, soja e madeira, bem como subprodutos, produtos que contenham ou que resultem dos mesmos (em conjunto, Produtos Relevantes). O Anexo I do Regulamento apresenta a lista exaustiva dos subprodutos e derivados sujeitos a suas regras.

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The common rules of origin and cumulation of the Pan-Euro-Mediterranean (PEM) Convention are a central instrument in the facilitation of trade and the integration of supply chains by way of preferential tariff treatment within the PEM zone, which stretches across the European Union to the other 24 contracting parties (EFTA countries, the Faroe Islands, Turkey and the Mediterranean countries of the Western Balkans, North Africa and the Middle East, including some of their neighbouring countries). The Contracting Parties have been negotiating a revision of the convention since 2012, in order for it to better reflect changing economic realities.

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BLOMSTEIN has represented Vodafone in a successful challenge to a merger clearance of a joint venture between Deutsche Telekom and EWE AG. Following an appeal by Vodafone and complex court proceedings, on 22 September 2021 the Higher Regional Court of Düsseldorf annulled the 2019 clearance decision issued by the Federal Cartel Office for “Glasfaser Nordwest”, a joint venture to expand the fibre network in the north-western part of Germany.

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Roland M. Stein was one of the speakers of the webinar: The Importance of Compliance Programs in World Bank Projects, hosted by the Brazilian Association of Infrastructure and Basic Industries (ABDIB) on 26 July 2021. The panel also had as key speaker Lisa Miller, Integrity Compliance Officer at The World Bank and as a mediator Thiago Jabor Pinheiro, partner at the Brazilian law firm Mattos Filho.

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Roland Stein and Bruno Galvão will be editing a column at the Brazilian legal journal JOTA. JOTA is a leading specialised legal journal in Brazil, with an average of one million readers each month.

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The World Bank has published the first consultative resource on exclusion systems, giving insights about how different jurisdictions worldwide employ exclusion mechanisms to prevent certain suppliers from accessing public funds. “The Global Suspension & Debarment Directory” is based on the 2020 Global Suspension & Debarment Survey and the input of numerous experts. BLOMSTEIN Counsel Florian Wolf has contributed to the chapter on Germany.

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As of 1 July 2021, BLOMSTEIN has appointed Florian Wolf as the firm’s first counsel.

Florian Wolf (36) has been an integral part of the BLOMSTEIN team since the firm was founded in spring 2016. He advises international clients on all public procurement and foreign trade issues. Highlights of his public procurement practice to date include advising the successful bidding consortium Kapsch TrafficCom and CTS EVENTIM in the public procurement procedure of the German Federal Ministry of Transport for the collection of car tolls as well as representing German Naval Yards Kiel and FSG in various maritime procurement review proceedings. He has also represented one of the largest European construction companies before various higher regional courts. His foreign trade law practice is characterised by advising various IT, high-tech and industrial companies on sanctions and export control law with regard to the import and export of goods and technology as well as the provision of services abroad.

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BLOMSTEIN advised OMR on public procurement law questions regarding the establishment and operation of Germany’s biggest vaccination centre located in Hamburg.

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In the past years, the Inter-American Development Bank (IDB) and the World Bank have increased their investigations in Brazil, sanctioning two Brazilian construction companies on grounds of corruption in projects financed by them. In 2020, Andrade Gutierrez, one of the companies involved in Operation Car Wash (codenamed Lava Jato), was prohibited from participating in public procurement projects financed by the IDB and the World Bank until the end of 2022. The sanction was reduced due to a Negotiated Resolution Agreement (NRA) with the IDB. Given that an NRA is conditional on presenting relevant information to the IDB, it is expected that Brazil will remain under the IDB’s scrutiny.

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