Court of Justice of the European Union

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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

Cross-Border Mergers: A Matter of Interpretation

The Companies Court has considered whether it is necessary for shares or other securities to be transferred between group companies as consideration for cross-border mergers in the recent landmark case of Re Olympus UK Ltd...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

That’ll Leave a Mark : The CJEU rules on Apple interiors and the shapes of things to come

Ever since I was old enough to appreciate them, I have enjoyed the Peanuts stories by the late Charles Schulz. Being young, it took me a while to realise that the cartoons, and particularly what the characters did or said,...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

Exchange – International Newsletter - Issue 23 – July 2014

DLA Piper’s Financial Services International Regulatory team welcomes you to the twenty-third edition of ‘Exchange – International’ – an international newsletter designed to keep you informed of regulatory developments in the...more

Copyright: Europe Explores its Boundaries - Part 3: “Meltwater” - EU rules that browsing does not need a licence - a victory for...

On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). In a...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

Data Privacy Law in the UK, Part I: An Introduction for U.S. Employers

The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was...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

Court of Justice of the European Union Holds that ISPs May Be Ordered to Block Customer Access to Websites Infringing Copyright

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH - On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) has held that ISPs may be ordered to block their customers’...more

Court of Justice of the European Union Finds Individuals Have a “Right to be Forgotten” Under Data Protection Law

Court defines its territorial reach and obliges Google to remove “old” unwanted personal data from web search results - In a landmark ruling on 13 May 2014,1 the Court of Justice of the European Union (“CJEU”), the...more

European Court of Justice rules right to be forgotten principle applicable to search engines

In a landmark ruling the European Court of Justice has ruled that search engines, as a principle, need to remove the link between search results and a webpage if it contains information the individual deems should be...more

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