News & Analysis as of

Advocate General

Intra-EU Bilateral Investment Treaties: compatible with EU law after all?

by White & Case LLP on

In an advisory Opinion to the CJEU, Advocate General Wathelet has advised that an Investor-State Dispute Settlement mechanism between two Member States is not contrary to EU law. He also considers that, in disputes arising...more

EU Court confirms EU competence on wide range of trade areas in opinion on EU-Singapore FTA

by White & Case LLP on

Following the Advocate General's related advisory opinion in December 2016, the Court of Justice of the EU (CJEU) has delivered its Opinion (2/15) on the EU-Singapore FTA. While the Court's Opinion confirms that the EU alone...more

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

by Hogan Lovells on

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

EU Court's Advocate General delivers opinion on EU-Singapore FTA

by White & Case LLP on

An Advocate General of the Court of Justice of the EU (CJEU) has delivered an advisory opinion on the EU-Singapore FTA. In this opinion – which is non-binding on the Court, but would normally influence its decision – AG...more

Dress Policy and Religious Discrimination

by Faegre Baker Daniels on

In Achbita v G4S Secure Solutions NV (Case C-157/15) and Bougnaoui v Micropole SA (Case C-188-15), two Advocate Generals (AG) of the European Court of Justice provided conflicting opinions when considering whether bans on...more

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV,...more

Are Dynamic IP Addresses Personal Data? A Primer

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal...more

German Parliament (Deutscher Bundestag) releases operators of Wi-Fi networks from liability for copyright infringements committed...

by Reed Smith on

On 2 June, the German Parliament (Deutscher Bundestag) passed a bill (2. Gesetz zur Änderung des Telemediengesetzes – 2nd Amending Law to the Federal Telemedia Act; “New Law”). The New Law limits the scope of potential...more

IP addresses may be subject to EU data protection laws

by White & Case LLP on

In an ongoing case before the Court of Justice of the European Union ("CJEU"), the Advocate General has issued his Opinion stating that, under certain circumstances, dynamic IP addresses can be "personal data". Businesses...more

Advocate General’s opinion states that IP addresses are Personal Data

by Reed Smith on

On 12 May, the Advocate General’s (AG) opinion in Case C-582/14 Patrick Breyer v Germany was released, stating that dynamic IP addresses should be considered personal data for the purposes of EU data protection law. Although...more

Hyperlinking to unauthorised content does not itself constitute copyright infringement, says Advocate General

by Reed Smith on

The Advocate General of the Court of Justice of the EU (CJEU) has stated in a legal opinion that posting a link to a website that contains “freely accessible” copyright infringing content should not itself amount to copyright...more

Alert: US House Passes Judicial Redress Act to Facilitate Safe Harbor Negotiations

by Cooley LLP on

Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees...more

Safe Harbor ruled invalid by the Court of Justice of the European Union

by Reed Smith on

Just two weeks after Advocate General Bot delivered his controversial recommendation that the Court of Justice of the European Union (CJEU) should find the Safe Harbor Decision (2000/520/EC of 26 July 2000) to be invalid, the...more

European Court of Justice Strikes Down Safe Harbor

by Alston & Bird on

In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was...more

ECJ Rules EU-US Safe Harbor Programme Is Invalid

by Morgan Lewis on

The powers of EU data protection authorities are significantly strengthened by the decision, allowing them to suspend some or all personal data flows into the United States in certain circumstances. In Maximillian...more

Data Protection: EU-US Safe Harbor declared invalid by EU court

by Dechert LLP on

In our recent update, we reported that the Advocate General (“AG”) to the Court of Justice of the European Union (“CJEU”), the highest court in the EU, gave an opinion that “safe harbor” should be declared invalid and that...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

by Locke Lord LLP on

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

EU endorsement of Safe Harbor will be decided on October 6

Last week, (September 23, 2015), Advocate General Yves Bot (AG), an adviser to Europe’s highest court, issued a nonbinding opinion that the agreement between the EU and the U.S. for data transfers from the EU to the U.S....more

European Court of Justice May Invalidate Safe Harbor Framework

by Ballard Spahr LLP on

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

EU–US Safe Harbor About to be Struck Down?

by Orrick - Trust Anchor on

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

EU Court Ruling on Safe Harbor Expected 6 October

by Reed Smith on

Last week we blogged about the game-changing ECJ Advocate General recommendation that the court was to find the U.S.-EU Safe Harbor program invalid. It was anticipated that the court would not issue judgment for several...more

Schrems: Decision Due Next Week

by Dentons on

So much for the dust settling... The CJEU has confirmed that it will be delivering its final judgement on the Schrems decision next Tuesday, 6th October at 9.30am. The decisions will come less than two weeks after...more

Court of Justice of the EU Decision on Safe Harbor Expected October 6

The European Court of Justice (ECJ) has announced that it will release its decision in the Schrems Safe Harbor case on Tuesday, October 6. It is highly unusual for the ECJ to issue a decision so quickly after publication of...more

Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon

by Wilson Elser on

Pursuant to European Commission Decision 2000/520, United States–based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked...more

Uncertainty for the U.S.-EU Safe Harbor Intensified by Non-Binding Recommendation for EU High Court Advisor

In a non-binding opinion issued on September 23, 2015, an Advocate General for the European Court of Justice (“ECJ”) recommended that the ECJ suspend the U.S.-EU Safe Harbor program (“Safe Harbor”) and reexamine whether the...more

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Cybersecurity

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