ECJ

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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

Food Litigation Newsletter - August 2014 #2

In This Issue: - Recent Significant Rulings ..Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action ..Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims ..Court Dismisses...more

Google, the House of Lords and the timing of the EU Data Protection Regulation

In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis that the information is no...more

Recent EU Decisions Highlight Risks of “Gun Jumping”

The European Commission (“the Commission”) last month levied a fine of EUR 20 million on Marine Harvest ASA (“Marine Harvest”), a Norwegian seafood company, for acquiring a 48.5% stake in its competitor Morpol ASA (“Morpol”)...more

IP/IT & Media Newsletter - Issue 1/2014

In this issue: - Apps and Data Privacy – New Guidelines from the German DPAs New Developments in Cybersecurity Regulation - Refer-a-Friend Functionality on the Internet – Federal Court underpins its...more

EAT hears holiday pay appeals

Kate Hodgkiss, a Partner in our Edinburgh office, comments: At the end of last week the Employment Appeal Tribunal (EAT) heard complex legal arguments in the appeals in Bear Scotland and Hertel/Amec; better known as the...more

Is Obesity a Disability?

The Advocate General (the top legal counsel of the European Court of Justice (ECJ)) has given his opinion on whether obesity is a disability for the purposes of EU discrimination law in the case of Karltoft v Municipality of...more

Food Litigation Newsletter - July 2014

In This Issue: - Decisions ..Ninth Circuit Affirms Lodestar Attorneys’ Fees ..Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction ..Court Finds Pre-Answer...more

Obesity can be a disability: AG gives opinion in ECJ case

As we reported in Be Aware on 1 July, the ECJ was recently asked in the case of Kaltoft v Kommunernes Landsforening to consider whether obesity should be regarded as being a disability for the purposes of disability...more

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

Poland: Government moves to update gambling legislation

The Ministry of Finance has recently published a new draft amendment to the Polish Gambling Act. It includes a number of significant measures aimed at facilitating the application of Poland’s strict gambling regulations....more

EU Court of Justice Rules Web Browsing is not Copyright Infringement

Whenever we view content on the Internet, our web browsers (Internet Explorer or Firefox, for most folks) make temporary copies of that content on our computers. Amongst the rights reserved by copyright holders is the right...more

How does French case law deal with bundled software?

Combined offers have always drawn significant attention from French courts. This is all the more the case since combined offers are standard practices when selling computer equipments. Indeed, such equipments are most often...more

VAT recovery and pension schemes: Where are we now?

HMRC’s policy on reclaiming VAT on investment management and other costs remains under review in the light of two recent decisions from the Court of Justice of the European Union. The first of these cases, PPG...more

Views on ECJ Right to Be Forgotten Ruling

In a May 13 landmark ruling, the European Court of Justice held that data subjects in the European Union have the right to compel Google Inc. and other Internet search engines to remove search results linking to websites...more

In Right to Be Forgotten Proceedings, Who Represents the Public Interest?

In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right...more

EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link

In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the...more

Employment Law Commentary, Volume 26, Issue 5, May 2014

In This Issue: - Meal and Rest Break Compliance In The Post-Brinker Era - European Court of Justice: Commissions May Need to be Included in Holiday Pay - Excerpt from Meal and Rest Break Compliance In The...more

"Court Rules That Cartel Members Are Liable for 'Umbrella Claims'"

In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s...more

Courts Still Searching for Sweet Spot in “Evaporated Cane Juice” Cases: Confusion Over Applicability of Primary Jurisdiction to...

May 2014 was an active month for evaporated cane juice (“ECJ”) litigation in the U.S. District Court for the Northern District of California. Six courts issued opinions that involved the application of the primary...more

Case Alert: Lock v British Gas Trading Limited

What happened? In Lock v British Gas Trading Limited, the ECJ decided that where an employee's remuneration includes commission, the employee's holiday pay should include the commission that would have been generated...more

Could US Law Ever Recognize the “Right to Be Forgotten”?

Can there be a “Right to Be Forgotten” Law in the U.S.? The “right to be forgotten” in the online sphere has recently been protected by the European Court of Justice (ECJ), the highest court in the European Union. According...more

Google Begins the Process of Implementing the 'Right to be Forgotten'

Google has taken the first step to implement the “Right to be Forgotten” decision by the European Court of Justice (ECJ). It has provided individuals a form to complete to request that their personal information be...more

Copyright Holders Cannot Prevent Links to Freely-Available Content from Being Posted Online

The Svensson case is a landmark decision by the European Court of Justice ("ECJ") that enshrines the right to create clickable links towards copyrighted content which is freely available on the internet. The ECJ ruled that...more

European Court Of Justice Holds Individuals Have “Right To Be Forgotten”

On May 13, the European Court of Justice held that an internet search operator is responsible for the processing of personal data that appear on web pages published by third parties, and that an individual has a right to ask...more

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