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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The Highest Court in the European Union Strikes Down the Data Retention Directive as Invalid

In a significant move, the Court of Justice of the European Union (CJEU) has ruled that the Data Retention Directive 2006/24/EC (Directive) is invalid. This decision is expected to have wide-reaching implications for privacy...more

No surprises as CJEU upholds website blocking injunctions

The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v...more

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more

Copyright: Europe Explores its Boundaries: Part 1: Link Hubs

This year, as the world celebrates the 25th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a...more

Linking to content made freely available does not infringe copyright

In an eagerly awaited ruling handed down on 13 February 2014 the Court of Justice of the EU (CJEU) has decided that the owner of a website may, without the authorisation of the copyright holders, hyperlink to...more

Europe: CJEU - Dedicated Meta Search Engine Infringes Database Rights (Autotrack v Gaspedaal)

On 19 December 2013 the Court of Justice of the European Union rendered an important judgment concerning the interpretation of Article 7 of Directive 96/9/EC regarding the legal protection of databases (the 'Database...more

News from Abroad: Are Multiple SPCs per Patent Allowed?

Historically, it was widely thought that it was possible to obtain a separate supplementary protection certificates (SPC) for each product covered by a patent. However, in its judgment in Medeva in 2011, the Court of Justice...more

Where do we stand on the territorial scope of EU data protection law following the recent European Parliament vote?

The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of...more

News from Abroad: Is an Emergency Marketing Authorisation Valid Basis for an SPC Application for a Plant Protection Product?

The Court of Justice of the European Union (CJEU) has recently ruled that an emergency Marketing Authorisation (MA) for a plant protection product does not provide a valid basis for an SPC for that plant protection product....more

News from Abroad: Further Referral by UK Patents Court to CJEU on Interpretation of SPC Regulation for Combination Products

The UK Patents Court recently issued a judgement which referred four questions to the CJEU in the case Actavis Group v Boehringer Ingelheim that aim to clarify how the SPC Regulation ought to be interpreted in respect of...more

CJEU Confirms Prior State Aid Cannot be Taken into Account by Public Authority To Justify Further Subsidies as Market Behaviour

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more

TV Catchup allowed to continue reduced service – but questions remain

The High Court has ordered streaming service TV Catchup (TVC) to drop over 20 channels aired by ITV, Channel 4 and Channel 5 and pay eighty per cent of the broadcasters’ costs of the action, following a decision of the Court...more

European Court upholds UK list of “crown jewel” TV events

On 18 July the Court of Justice of the European Union (the “CJEU”) handed down its judgement in FIFA and UEFA’s on-going struggle around the listing of the World Cup and European Championships as free-to-air events....more

EU Customs Practice Group - June 2013

In This Issue: *EU CUSTOMS POLICY - UCC developments *TARIFFS - Update on duty suspensions/tariff quotas - EU Market Access Regulation – exclusions - GSP – Burma/Myanmar - FTA...more

Obtaining Legal Advice is Not a Shield Against Fines for Infringement of EU Competition Rules

On 18 June 2013, the Court of Justice of the European Union (CJEU) held that a company that infringed EU competition rules will not escape a fine even if it can claim that it relied on advice given by a legal adviser on the...more

EU’s Top Court Rules that Blanket Ban on Access to Leniency Documents is not Permitted

The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU law; a national court...more

News from Abroad: UK Court Seek Clarification of the Term "Human Embryo"

In Oliver Brüstle v Greenpeace (Case 34/10) the Court of Justice of the European Union (CJEU) ruled that any non-fertilised but parthenogenically stimulated human ovum constitutes a "human embryo" within the meaning of...more

New from Abroad: Spain's Further Challenges to the Unitary Patent Regulations

Following on from their previous challenge to the adoption of the unitary patent system on the basis of the concept of enhanced cooperation, and as eventually dismissed by the Court of Justice of the European Union (CJEU),...more

A Guide through Europe’s New Unified Patent System

Introduction - The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected...more

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

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

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

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

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

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

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

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