Hard Brexit Impact Analysis

Page 22 of 106 Category If no agreement is reached: Consequence EU Document Company Law The company law form of a European Company (SE) will no longer be available in the United Kingdom. UK form will apply WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON COMPANY LAW Consumer Protection / Rights EU courts will continue to apply the EU rules on consumer protection even though the trader is in the United Kingdom. EU laws and rules on consumer protection will be enforced on UK traders selling to / in the EU. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON CONSUMER PROTECTION AND PASSENGER RIGHTS Consumer Protection / Rights According to EU law, where a consumer concludes a contract with a professional in another country who, by any means, directs his commercial activities to the consumer's country of residence, the contract is generally governed by the law of the country where the consumer has his or her habitual residence. Irish consumers who trade with the UK will continue to be covered by Irish law. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON CONSUMER PROTECTION AND PASSENGER RIGHTS Consumer Protection / Rights EU jurisdictional rules which allow the consumer to sue the trader in the EU 27 Member State where the consumer is domiciled apply, irrespective of whether the trader is domiciled in the EU or in a third country Irish consumers can still sue a UK trader in Ireland WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON CONSUMER PROTECTION AND PASSENGER RIGHTS Consumer Protection / Rights the recognition and enforcement of an EU judgement in the United Kingdom and vice versa will be governed, as of the withdrawal date by national rules in the EU 27 and in the United Kingdom. After withdrawal any judgement made in favour of an Irish Consumer will now be enforceable under UK - Irish agreements not EU legislation. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON CONSUMER PROTECTION AND PASSENGER RIGHTS Consumer Protection / Rights As of the withdrawal date, EU law ensuring the availability of out-of- court dispute resolution and facilitating access to alternative dispute resolution no longer applies to the United Kingdom and the EU online dispute resolution platform is no longer available in relation to traders established in the United Kingdom. New ways of dispute resolution will be required where an Irish consumer does not seek to sue the UK trader. WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES ON CONSUMER PROTECTION AND PASSENGER RIGHTS