European Union › CJEU

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission.

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News & Analysis as of May 19, 2013

Company names can be made public where food is unfit for human consumption but not injurious to health, EU Court rules

by Vanessa Edwards, Terry Eleftheriou, Sebastián Romero Melchor | K&L Gates LLP on 4/17/2013

The Court of Justice of the EU ("CJEU") has recently ruled that EU law allows national authorities to provide the public with information identifying a food business operator ("FBO") whose food is unfit for human consumption...more

A New Front in The Patent Wars: CJEU Asked for Guidance on Limits to Injunctive Relief

by David Henry, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 4/11/2013

The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more

IP/IT & Media Newsletter - Issue 1/2013

by Daja Apetz-Dreier, Thomas Fischl, Alexander Klett, Stephan Rippert, Kathrin Schlüter, Philipp Süss, Katharina Weimer | Reed Smith on 3/25/2013

In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another...more

CJEU protects the UK broadcasters from unauthorised live streaming in its recent decision in relation to TV Catchup service

by Stephen Edwards, Nick Swimer | Reed Smith on 3/14/2013

On 7 March 2013, the Court of Justice of the European Union (CJEU) delivered a surprisingly short and succinct judgment following a reference from the UK High Court regarding the legality of an internet live streaming site...more

Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

by Louise-Astrid Aberg, Lionel Lesur, Philipp Werner | McDermott Will & Emery on 2/12/2013

The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter...more

Joint and Several Liability For Antitrust Fines: Parent Company Can Benefit From a Reduction in Its Subsidiary’s Fine

by Philip Bentley, Philipp Werner | McDermott Will & Emery on 2/11/2013

A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on 22 January 2013, is potentially good news for parent companies. Where both a parent company and its...more

National Competition Authorities in Europe are Not Bound by The European Commission de Minimis Notice

by McDermott Will & Emery on 1/10/2013

On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition rules, and fine companies for an infringement of EU rules, even in cases...more

Infrastructure Financing Does Fall Within The Scope of European Union State Aid Rules

by Robert Bäuerle, Martina Maier, Philipp Werner | McDermott Will & Emery on 12/20/2012

The Court of Justice of the European Union (CJEU) has confirmed that the financing of infrastructure projects is subject to the European State aid rules. The judgment concerns the financing of airport infrastructure, but the...more

News from Abroad: UK IPO Stem Cell Decisions Raise Questions Concerning the Brüstle Decision

by McDonnell Boehnen Hulbert & Berghoff LLP on 12/3/2012

Originally published in the Forresters on December 02, 2012. Two UK applications were rejected by a UK examiner on the ground that they constituted the 'use of human embryos for industrial or commercial purposes',...more

News from Abroad: EPO Codifies CJEU's Decision on Human Embryonic Stem Cells

by McDonnell Boehnen Hulbert & Berghoff LLP on 9/6/2012

On 8 October 2011, the Court of Justice of the European Union's (CJEU) handed down a landmark judgment on the correct interpretation of Article 6(2)(c) of the Biotechnology Directive (98/44/EC) relating to the patentability...more

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

by Pillsbury Winthrop Shaw Pittman LLP on 7/25/2012

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more

CJEU Rules First Sale Doctrine Applies to Digital Copies of Software in Europe

by McDermott Will & Emery on 7/16/2012

In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area. In...more

Navigating the Evolving Regulation and Commercialization of Stem Cell Research

by McDermott Will & Emery on 3/22/2012

Interested parties that can successfully navigate the evolving regulation of stem cell research stand to gain significant scientific and commercial advantage. Given that in the fall of 2011 the Court of Justice of the...more

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