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European Union European Court of Justice (ECJ)

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 -

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

by Jones Day on

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

ECJ Strengthens Position of Media Industry in Fight Against Piracy

by Morrison & Foerster LLP on

On April 26, 2017, the European Court of Justice (ECJ) issued a judgment on the liability of sellers of set-top boxes containing pre-installed add-ons enabling illegal access to motion pictures as well as to Pay-TV and SVoD...more

ECJ Decision Creates Potential Issues for EU-Singapore Free Trade Agreement

by Morgan Lewis on

A recent decision by the Court of Justice of the European Union on the ratification process for the European Union-Singapore Free Trade Agreement—intended to further improve Singaporean and European companies’ access to each...more

ECJ Decision Looms Large on the Future of Trade Agreements and Investor-State Arbitration with the EU

by Dechert LLP on

The Court of Justice of the European Union decided last week that free trade agreements concluded with the EU must receive prior approval by each Member State if they provide for investor-State arbitration. The ruling, given...more

Brexit Update – The UK Supreme Court Ruling on Article 50, the Great Repeal Bill and the Commencement of the Departure Process

by White & Case LLP on

In the January edition of the Delta Report, we discussed the pending Article 50 challenge before the UK Supreme Court (the "Supreme Court") and highlighted some of the issues and uncertainties surrounding Brexit, in...more

German Employee Representation on Board Level - Territorial Restrictions Should Apply

by Bryan Cave on

Provided the European Court of Justice (ECJ) follows the Advocate General, German employee representation on the board level does not violate EU law and may be restricted to employees in Germany. A good decision, says...more

Brexit: The EU's Negotiating Directives

by Dechert LLP on

The European Commission has published draft objectives for the first phase of the Brexit negotiations, focused on citizens' rights, the financial settlement and a continuing role for the European Court of Justice (ECJ). This...more

March 2017: EU Litigation Update

Asserting Standard Essential Patents in Germany After the European Court of Justice’s Huawei v. ZTE Decision. In its Huawei v. ZTE decision (C-170/13) dated July 16, 2015, the European Court of Justice (ECJ) established a new...more

Holiday: to roll over, or not to roll over – that is the question

by Dentons on

The issue of holiday pay has been back in the ECJ, with the Court considering the case of King v The Sash Window Workshop Ltd and another. In that case, the issue had arisen as to whether Mr King, a worker who had been...more

European Court Clarifies Legality of Banning Islamic Headscarves in the Workplace

by Littler on

On March 14, 2017, the Court of Justice of the European Union (“ECJ”) issued a significant ruling clarifying when an employer may prohibit employees from wearing visible signs of their religious beliefs in the workplace. The...more

U.S. Krispy Kreme Doughnuts Win 4-0 Over Spanish Donuts

A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more

The ECJ Rules on the Compatibility with EU Law of Domestic Data Retention Requirements Imposed on Providers of Electronic...

by K&L Gates LLP on

After its invalidation of the data retention requirements imposed by Directive 2006/24/EC in its Digital Rights Ireland decision dated 8 April 2014, the ECJ was requested to assess the compatibility with the Directive...more

The European Court of Justice (ECJ) and the banning of headscarves in the workplace

by Dentons on

Two highly anticipated cases involving the legality of banning headscarves in the workplace were decided by the ECJ this week. Achbita and anor v. G4S Secure Solutions NV (Case C-157/15) involved a company that...more

Unfair Commercial Practices: The European Court of Justice Specifies Criteria for Comparative Advertising

by McDermott Will & Emery on

On 8 February 2017, the European Court of Justice (ECJ) handed down a judgment on a reference for a preliminary ruling stating that comparative advertising can be misleading if consumers are not provided with information on...more

Restrictions on Advertising with Nutrition and Health Claims Apply to Both Communications Addressed to Consumers and to...

by King & Spalding on

The Court of Justice of the European Union (ECJ) held that the restrictions on promoting foodstuffs with nutrition and health claims not only apply to communications addressed to the general public but also to communications...more

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

by Knobbe Martens on

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

Watch Out for Vegan Cheese: Labeling and Promotion of Vegan “Dairy Products” in the European Union

by King & Spalding on

The Court of Justice of the European Union (ECJ) will soon decide on the issue of whether plant-based products may be labeled and promoted with product names intended for dairy products such as “Veggie-Cheese,” “Tofubutter”...more

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

by Hogan Lovells on

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - 2016 Data Breach Legislation Roundup: What to Know Going Forward - States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let's take...more

ECJ Clarifies Payment Services Directive

On January 26, 2017, the Court of Justice of the EU (“ECJ“) published its judgment in BAWAG PSK Bank für Arbeit and others v. Verein für Konsumenteninformation (Case C-375/15) [2017] ECLI:EU:C:2017:38. The judgment...more

European Competition Law Newsletter – February 2017

by McGuireWoods LLP on

February 1, 2017 Table of Contents On 20 January 2017, the UK Competition and Markets Authority (CMA) announced that it has provisionally concluded that two suppliers of cleanroom laundry services in the UK have broken...more

Key Legal Issues Business Leaders and In-House Counsel Need to Know for 2017

by Arnall Golden Gregory LLP on

1. With Wage and Hour Rules in Flux, Employers Need to Remain Vigilant - Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United...more

ECJ Issues Two Landmark Judgments On Access To Environmental Documents

by Bergeson & Campbell, P.C. on

On November 23, 2016, the European Court of Justice (ECJ) issued two landmark judgments in Case C-673/13 P (Commission v Stichting Greenpeace Nederland and Pan Europe) and Case C-442/14 (Bayer CropScience and Stichting De...more

Swiss-U.S. Privacy Shield Finalized

by Alston & Bird on

On January 11, U.S. and Swiss authorities announced final agreement on the Swiss-U.S. Privacy Shield Framework. The Framework defines standards for handling personal data exported from Switzerland to the U.S. and enables U.S....more

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2017

Predictions and Outlook for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) 2017 - 2016 was full of surprises, two of which will drive much of the agenda for OCSPP during 2017. First, Congress...more

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