European Court of Justice

News & Analysis as of

The Court of Justice’s Preliminary Ruling in Huawei v. ZTE: The Final Word?

The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated...more

Delfi AS vs. Estonia: Online news services may be liable for their readers' comments

News websites can now be held responsible for the content of user-generated comments, under a landmark judgment of the European Court of Human Rights (the ECHR)....more

ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies

Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more

EU Court of Justice finds OMT programme for purchase of government bonds not contrary to EU Treaties

In a judgment handed down on 16 June 2015, in the first ever preliminary reference made from Germany’s Federal Constitutional Court (Bundesverfassungsgericht), in Peter Gauweiler and Others v Deutscher Bundestag (Case...more

Court of Justice Finds Deutsche Bahn Dawn Raids Illegal

Commission’s dawn raids of Deutsche Bahn’s premises were illegal because improperly discovered documents triggered the action. Summary - On 18 June 2015, the Court of Justice of the EU (ECJ) partly allowed...more

EU Data Privacy Updates

A brief rundown of developments in recent weeks in the area of EU data protection law: - EU Data Protection Regulation - On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of...more

Fixed term contracts in Poland—material changes in law coming soon

A major change in Polish labor law is imminent. In essence, Parliament is seeking to eliminate some differences in protection enjoyed by employees on indefinite term contracts and those working on fixed term contracts....more

Free Wi-Fi: German Court Seeks Clarification in Luxembourg

Compared to other countries, Germany lags behind when it comes to free Wi-Fi spots. A recent study conducted by the Association of the German Internet Industry has shown that of around one million public hotspots in Germany...more

Time Travelling to and from Work Can Count as Working Time

In the case of Federacion de Servicios Privados del sindicato Comisiones Obreras –v – Tyco, the Advocate General has held that, where an employee has no fixed or habitual place of work, time spent travelling from home to the...more

European Court of Justice Facilitates follow-on Cartel Damage Claims

On 21 May 2015, the European Court of Justice (ECJ) confirmed that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of the cartelists is domiciled. This rule applies even if the...more

Status Updates: Errand Apps for Everyone?; A Right to Be Forgotten Update; Your Entire Google Search History

Information wants to be (not quite) free. In its early years, the Internet was often seen as a vehicle for democratizing data, taking information that was previously accessible only to a select few and making it available to...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

Collective Redundancies: ECJ Clarifies Meaning of "Establishment"

What happened? Under the Trade Union and Labour Relations (Consolidation) Act 1992 (the "Act"), if an employer proposes to make large scale redundancies of 20 or more employees at one establishment within a period of 90 days...more

Collective Consultation Obligations: Restoring the “Establishment” Test

Court clarifies the threshold for triggering collective consultation obligations. On 30 April, the European Court of Justice (ECJ) issued its decision on whether the UK Employment Appeals Tribunal (EAT) was right to...more

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more

EU Rejects the Spanish Challenge to the Unified Patent Court

Today, the Court of Justice of the European Union issued its judgment, finally rejecting the "Spanish Challenge" to the Unitary Patent system (part of the Unified Patent Package, which includes the Unitary Patent Regulation,...more

Can French Employees Wear Unrestricted Religious Symbols in the Workplace?

The French Supreme Court provides guidance to employers in France on how to deal with employees who wear religious symbols in the workplace....more

BGH rules over cosmetic repairs and declares the duty to execute cosmetic repairs ineffective

Most recently, the Federal Court of Justice of Germany (Bundesgerichtshof) decided in three cases in favour for tenants of housing space regarding cosmetic repairs and strengthens once again their rights. The decision might...more

European Competition Law Newsletter – April 2015

On 19 March 2015, the European Court of Justice (ECJ) handed down a significant judgment on the application of EU competition law to information exchange between competitors. ...more

Information Exchanges – Difficult Not to Go Bananas!

The European Court of Justice recently confirmed that pre-pricing communications between competitors involving discussions about price-setting factors, quotation prices and pricing trends may be incompatible with EU antitrust...more

ECJ case on Safe Harbor

The ECJ heard arguments, this week, in the action against the Irish Data Protection Commissioner that Safe Harbor should be declared invalid.  The case was originally brought by Austrian law student, Max Schrems....more

From ‘Akzo’ to ‘Loi Macron’: There is still no Legal Privilege for In-House Lawyers in France

A significant difference between the French and U.S. and UK legal systems is in the understanding of legal privilege: it does not exist for in-house counsel in France....more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

Will the European Court of Justice Conclude that Antitrust Law Prohibits Royalties for Invalid Patents?

The European Court of Justice recently announced that it will issue a decision in Genentech Inc. v. Hoechst GmbH, in response to a request from the Paris Court of Appeals for clarification on whether European antitrust law...more

What is an 'establishment' for collective redundancy consultation purposes?

The Advocate General has given a preliminary opinion in the case of USDAW & Wilson v Woolworths and others (“the Woolworths case”) on the question of whether there is a requirement to aggregate the number of employees across...more

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