Court of Justice of the European Union

News & Analysis as of

SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

European Commission Seeks Termination Of Five EU Member States’ Intra-EU Bilateral Investment Treaties

On 18 June 2015, the European Commission (the Commission) initiated infringement proceedings against five European Member States seeking termination of their bilateral investment treaties (BITs) with other European Union (EU)...more

Copyright levies on memory cards for mobile phones: another landmark decision from the CJEU (Case C-463/12)

Questions of copyright levies are hotly debated, since the decision as to whether such levies have to be payed or not has a significant influence on the price of the affected technical products and the movement of these goods...more

Collective Redundancy: European Judgment on Meaning of "Establishment"

The European Court of Justice (ECJ) has handed down its judgment in the longstanding litigation case of USDAW and another v WW Realisation 1 Ltd (C-80/14) concerning the meaning of “establishment” for the purposes of...more

TV Catchup and Section 73 – (Nearly) The End of the Road?

The Court of Appeal in England has recently made a second reference to the Court of Justice of the European Union (CJEU) in the case brought by UK free-to-air broadcasters ITV, Channel 4 and Channel 5 against the Internet...more

EU Council Confirms the Forthcoming Strong Enforcement of Fundamental Right to Data Protection

A recent leaked draft proposal reveals the position of the E.U. Council as regards to the fines system that will come into force under the proposed new General Data Protection Regulation in the E.U. member states. The huge...more

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

European Court clarifies when collective redundancy consultation obligations apply

The Court of Justice of the European Union (“CJEU”) has recently given its decision in the case of USDAW and others – v – Ethel Austin and others, otherwise known as the Woolworths case. The CJEU has decided that, in...more

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

CJEU Rules On Jurisdiction In Prospectus Liability Claim

The Court of Justice of the European Union (Fourth Chamber) has ruled on jurisdiction in a prospectus liability claim, concerning index certificates issued by a UK bank, and purchased by an Austrian investor (consumer) via a...more

Snowden's Legacy: Safe Harbor under fire at the CJEU

This week the Court of Justice of the European Union (‘CJEU’) heard a case that could destabilise data flows between the US and EU under the EU-US Safe Harbor Decision. In Schrems v Data Protection Commissioner (C-362/14),...more

Can the U.S. – EU Safe Harbor Weather the Storm?

On 24 March, the Court of Justice for the European Union (CJEU) heard argument on a case that could significantly impact, if not invalidate altogether, the Safe Harbor framework that facilitates the flow of personal data from...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

EU Court limits the scope of environmental liability for new owners of polluted land

The Court of Justice of the European Union (the “CJEU”) has shed light on the application of the “polluter pays” principle in the context of the EU’s Environmental Liability Directive. The judgment, handed down on 4 March...more

Home or Away: The CJEU confirms that foreign online infringers can be sued in your local court

Your copyright is being infringed by an online company based outside the UK and you want to take action. Your first reaction may be to ask for local lawyer recommendations in the jurisdiction where the company is based, but...more

UK Employment Law – Things to Expect in 2015

Now that we have eased into 2015, it’s time to think about the key employment law issues we’ll be facing in the year ahead. The general election in May will, of course, hold most of our attention, but there are other...more

Sports, Media and Entertainment Intelligence - February 2015 (Global)

Australia: Courts not siding with cricket “pitchside” gambler - A British man banned from attending Cricket Australia matches for pitchsiding has indicated his intention to challenge the legality of the ban. ...more

Is this the end of screen scraping?

The Court of Justice of the European Union (CJEU) begun its 2015 ruling with the interpretation of Directive 96/9/CE on legal protection of databases (the “Directive”). The case was originally brought by Ryanair against PR...more

EU: Ryanair scrapes a win (but not using IP!)

The CJEU has ruled that database owners whose databases are not protected by copyright or the sui generis database right may rely on contractual terms and conditions to restrict access to and exploitation of their data. As a...more

Things to Expect in 2015

Now that we have eased into 2015, it’s time to think about the key employment law issues we’ll be facing in the year ahead. The general election in May will, of course, hold most of our attention, but there are other...more

Employment Law Commentary - Volume 26, Issue 12 December 2014: Bowling Alone: Obama’s Labor And Employment Regulatory Agenda In...

Recently, President Obama sat down for an interview with Stephen Colbert in which he was asked about his 2008 campaign mantra that presidents tended to grab too much power. “Then you became president, and you seemed to hold a...more

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

My Vote for Privacy Person of the Year

There isn’t an official Privacy Person of the Year award. If there were, Edward Snowden almost certainly would have won it last year. Instead, he finished in second place, behind Pope Francis, as TIME Magazine’s 2013 Person...more

New EU Guidelines on “Google Spain”: Right to be Forgotten

The Article 29 Working Party published new Guidelines on the Right to be Forgotten on 26 November 2014. This is the latest chapter in the story which began with the Google Spain case. In that case, the Court of Justice of...more

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