News & Analysis as of

European Court of Justice (ECJ)

State aid: the former French financial support mechanism for solar radiative energy at risk

by White & Case LLP on

By an order dated 15 March 20171, the European Court of Justice (“ECJ”) rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in...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

Employment News - March 2017 #3

by Hogan Lovells on

Last minute decider – incapacity dismissal without considering new evidence was disability discrimination - The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that 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

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

What Will Trump’s Executive Order Do to U.S. Privacy Law and EU-U.S. Data Transfers?

by Alston & Bird on

On the third day of his presidency, President Trump signed an immigration-related executive order raising significant questions about the future of U.S. privacy law and EU-U.S. data transfers. The order, titled “Enhancing...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

Swiss-U.S. Privacy Shield Framework to Launch April 12

by BakerHostetler on

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on...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

European Court of Justice: Can Temporary Incapacity of an Unknown Duration Constitute a Disability?

by Faegre Baker Daniels on

The European Court of Justice (ECJ) in Mohamed Daouidi v Bootes Plus S.L. (Case C-395/15) (2015/C 354/22) considered whether the dismissal of a worker due to temporary incapacity (but of unknown duration) could constitute...more

"Key Takeaways: Antitrust Law and Policies — From Brussels to Washington, DC: The Atlantic Divide?"

On October 21, 2016, Skadden presented a seminar titled “Antitrust Law and Policies From Brussels to Washington, D.C.: The Atlantic Divide?” in Brussels. Former DG Competition Director General Sir Philip Lowe gave the keynote...more

New EU Disclosure Mandate for Proprietary Pesticide Data Has Serious Ramifications for Wider Chemical Industry

by Beveridge & Diamond PC on

The European Union’s highest Court, the European Court of Justice (“ECJ” or the “Court”), issued two landmark judgments on November 23, 2016 with significant adverse implications for the proprietary data rights of pesticide...more

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