European Union Court of Justice of the European Union

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... more +
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. less -
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European Court of Justice: landmark decision on patentability of stem cells

The European Court of Justice (CJEU) has handed down a landmark judgment concerning the patentability of stem cells in Europe. Stem cells have the potential to revolutionize the treatment of human disease because of their...more

CJEU Gives Opinion On Whether Obesity Is A Disability

The Court of Justice of the European Union (CJEU) has held, in Karsten Kaltoft v Municipality of Billund, that obesity can constitute a disability for the purposes of EU discrimination law, albeit only where the requirements...more

Advocate General Wathelet takes the “middle path” in Huawei v. ZTE

In adopting what he regards as a “middle path” approach between over- and under-protecting intellectual property rights, Advocate General Wathelet’s Opinion in the Huawei v ZTE litigation provides our first hint as to the...more

Unregistered Design Rights: The Karen Millen Case

The recent decision of the CJEU in the Karen Millen case provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council Regulation (EC) No....more

Law À La Mode - Issue 14 – October 2014 (Global)

In This Issue: - Understanding the EU Consumer Rights Directive: An overview of the new Directive on Consumer Rights and its implementation in Belgium, France, Italy and the UK - Free Zones in the UAE: What do...more

Antitrust and Competition Newsletter - October 2014 (Global)

Recent U.S. Criticism of China’s Enforcement of Its Antitrust Laws Against Foreign Companies - For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws...more

Green light for the registration as a trademark of a retail store layout

In a recent and notable ruling, the Court of Justice of the European Union (CJEU) held that the representation of the layout of a retail store can be registered as a trademark provided that certain conditions are met. More...more

Unified Patent Court – Status Update

Status – “No earlier than late 2015” - As reported earlier the new UPC will go live after 13 member states in the EU, including the UK, France and Germany, ratify the agreement....more

CJEU Rules Maximum Cartel Fine Applies Only to Infringing Subsidiary Turnover and Reduces Fine by €17 Million

On 4 September 2014, the Court of Justice of the European Union (CJEU) confirmed that the maximum fine of 10 per cent of turnover imposed on the infringing subsidiary of a non-infringing parent company should be calculated on...more

Still laughing? The CJEU hands down final judgment in Deckmyn parody case

Following on from the Advocate General’s opinion in the case of Johan Deckmyn [C-201/13], the Court of Justice of the European Union (CJEU) handed down its full judgment in the case on 3rd September 2014. The ruling confirms...more

New Rules On The Scope Of Protection For Black & White Trade Marks In The EU: Black & White Or Clear As Mud?

On 15 April 2014, the European Trade Mark and Design Network published a Common Communication on the Common Practice of the Scope of Protection of Black and White ("B&W") Marks (the "Communication"). Four months on, we look...more

Stem cell patentability: European update following Opinion of Advocate-General in ISCC and the Australian position

The recent Opinion of the Advocate-General suggests that a clarification and moderation of the Court of Justice of the European Union’s (CJEU) approach to the patentability of stem cells may be on the horizon. If followed,...more

The Court of Justice of the European Union Strengthens Unregistered Community Design Rights

The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and...more

10 Popular Reads Covering Latest European Union Developments

Recap of popular updates covering latest developments in the European Union....more

Data Retention in the EU

I don’t often write about data protection, as it’s at the periphery of what I do. But two things prompted me to do so: First, there’s a new Banksy mural in Cheltenham that depicts spying. Second, the Grand Chamber of the CJEU...more

Karen Millen Court of Justice of the European Union Decision

On 19 June 2014, the Court of Justice of the European Union (“CJEU”) delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland. Background - This...more

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from...

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure...more

Update on the EU's Proposed Financial Transactions Tax

The Court of Justice of the European Union (CJEU) recently issued a decision rejecting the UK government’s initial legal challenge against the proposed introduction of a financial transactions tax (FTT) in Europe. The...more

Unregistered design rights – the Karen Millen case

This is a very recent decision of the CJEU in the Karen Millen case, which provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council...more

The CJEU Takes Tough Stance on Downloading from Unlawful Sources

ACI Adam BV v Stichting de Thuiskopie - Following a reference from the Supreme Court of the Netherlands, the Court of Justice of the European Union (CJEU) held that EU law precludes member states from having national...more

Germany: CJEU postpones showdown on German gambling regulations

In a decision that has long been awaited by the industry and the legislator alike, the European Court of Justice ruled today, 12 June 2014, on the question to what extent two conflicting regulatory frameworks within one...more

What’s in a joke? Advocate General opinion finds parody to be an autonomous concept of EU law

Advocate General Cruz Villalon released his eagerly awaited opinion on 22 May 2014, in the case of Johan Deckmyn [C-201/13]. The opinion confirms that “parody” is an autonomous concept of EU law and that to qualify as a...more

UK Gives Search Engines Time to Comply With 'Right to Be Forgotten'

The UK data protection watchdog has said that it will give search engines like Google some time to put measures in place to respond to requests to take down links in search results. ...more

The Right To Be Forgotten – What Does It Really Mean?

In a decision with far-reaching consequences, the European Court of Justice (located in Luxembourg) (“ECJ”) ruled on May 13, 2014, that E.U. citizens can demand that search engines – in this instance Google – must delete...more

A “Right to be Forgotten” in Canada?

A recent EU decision by the Court of Justice of the European Union (CJEU) has generated a lot of press since it involves a high profile company - Google - and a tantalizing concept of a “right to be forgotten”. The story...more

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