The NIS 2 Directive (EU) 2022/2555 is intended to raise the level of IT security in Europe significantly. The directive applies not only to federal government authorities, but also to entities deemed essential or important in sectors considered particularly critical. In order to determine whether a company is subject to the regulation, it must first be established whether it operates within one of the affected sectors. Secondly, the company must meet certain thresholds in order to be classified as an essential or important entity. For the entities concerned, stricter requirements will apply to network and information systems, and reporting obligations will be expanded. Management responsibilities will also increase. The directive will affect significantly more companies and sectors than before. As well as broadening the scope within sectors already regulated under the NIS 1 Directive such as energy, transport and healthcare, the NIS 2 Directive now covers additional areas, including digital services, postal and courier services, wastewater and waste management, and 'manufacturers of critical products'.

Hardly any other topic has such a tangible cross-border dimension as space travel. And hardly any other topic has been so fragmentarily regulated to date. This is set to change with the planned EU Space Act, a draft of which was presented by the European Commission on 25 June 2025. The legislative process is following the normal procedure, which means that discussions will now begin in the European Parliament and the Council of the European Union.

This briefing is the third in a series on the EU-Mercosur agreement, where BLOMSTEIN addresses key provisions with respect to Trade in Goods, Trade in Services, Public Procurement, Competition and Sustainability, and outlines implications and opportunities for businesses.

In this release, we focus on the Agreement’s core provisions related to Trade in Services, particularly the commitments framework, national treatment and limitations. In 2023, the EU exported €28.5 billion in services to Mercosur, while Mercosur’s service exports to the EU amounted to €13.1 billion. The Agreement is expected to significantly boost this bilateral exchange. For the EU in particular, the agreement presents expanded opportunities in strategic sectors such as business services, financial services, telecommunications, maritime transport, and postal and courier services.

At the Competition and Public Procurement Dialogue hosted by the Berlin Chamber of Architects, the final report of the joint procurement monitoring project was presented. BLOMSTEIN has been working alongside the Berlin Chamber of Architects for many years to advocate for a more competition-friendly approach to the procurement of architectural and planning services in Berlin.

As part of the Omnibus package (see our briefing here), the EU Commission suggested simplifications and improvements to the CBAM Regulation. The proposal aims to simplify and enhance the cost-efficiency of the CBAM Regulation while ensuring that its environmental objectives and core design principles remain intact. Key measures focus on easing compliance for importers by streamlining reporting requirements, particularly those involving complex calculations and extensive data collection.

Before the EU proposals become legally binding, they must go through the ordinary legislative procedure at the European level. Until this is achieved, every importer of CBAM goods should register as an authorized CBAM declarant in the CBAM registry, which is possible since 31 March 2025. We outline the details.

In view of the increasingly acute threat situation, driven in particular by growing doubts about the US' loyalty to NATO and the resulting restriction of the conventional and nuclear deterrence, the question arises: How well prepared is Germany for a further escalation of conflicts, especially that with Russia? Should asymmetric warfare - including against Germany - have even more far-reaching consequences, what legal instruments are available to the state in order to remain capable of acting in an external or internal emergency (innerer oder äußerer Notstand)? This briefing sheds light on the security and precautionary laws (Sicherstellungs- und Vorsorgegesetze), which have been rather neglected to date, and which (should) provide the necessary instruments for such situations.

Last week it became official: Germany’ will not implement the Directive (EU) 2022/2555 (known as the NIS-2 Directive) to improve cybersecurity in the EU under the current administration. See below for some guidance on what that means:

Eine Vergabe eines öffentlichen Auftrags an ein bestimmtes Unternehmen ohne europaweite Ausschreibung ist nur in engen Ausnahmefällen zulässig. Ein in der Praxis häufig herangezogener Grund ist, dass aufgrund von Ausschließlichkeitsrechten, beispielsweise Urheberrechten, nur ein Unternehmen den Auftrag ausführen kann. Diese Möglichkeit hat der Europäische Gerichtshof (EuGH) in einer bemerkenswerten Entscheidung eingeschränkt – mit erheblichen Folgen für Unternehmen und an das Vergaberecht gebundene Auftraggeber.

As the global shift to sustainable energy continues to gather pace, the European hydrogen market offers unprecedented opportunities. Recent developments in Germany and the European Union highlight strategic advances in both production and infrastructure.

The European Commission has consented to a German scheme worth around EUR 3 billion designed to foster the development of the Hydrogen Core Network (HCN).  This will play a significant role in realizing the goals of the EU Hydrogen Strategy and the ‘Fit for 55’ package by facilitating the establishment of a hydrogen transmission infrastructure. It is a milestone for promoting the utilization of renewable hydrogen in sectors with high energy consumption like industry and transport.