News & Analysis as of

CJEU

Brussels Regulatory Brief: April 2018

by K&L Gates LLP on

Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more

EU-US Transatlantic Data Flows Subject to Further Legal Challenge

Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States....more

March 2018: EU Litigation Update

The CJEU’s Coty Judgment Provides Guidance on Online Platform Bans for the Distribution of Luxury Goods and Beyond. On December 6 2017, the Court of Justice of the European Union (“CJEU”) adopted its longawaited ruling in...more

UK Tax Round Up - March 2018

by Proskauer Rose LLP on

Welcome to the March edition of the Proskauer UK Tax Round Up. As promised, the Spring Statement from the Chancellor focused on the economy and public finances without any major tax announcements. However, a few interesting...more

The CJEU Preliminary Ruling in Slovak Republic v Achmea BV – what does it mean for arbitration under intra-EU BITs?

by Reed Smith on

On March 6, 2018, the Court of Justice of the European Union (CJEU) published its preliminary ruling in Slovak Republic v Achmea BV (Ruling), which held that the application of the investor-state dispute settlement (ISDS)...more

CJEU judgment changes landscape for investor-State arbitration in the EU

by Hogan Lovells on

On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV.  The CJEU ruled that investor-State arbitration clauses in investment treaties concluded...more

Expansion of the meaning of working time

by Dentons on

For many employers, the concept of "working time" can be difficult to pin down. In particular, the question as to whether time spent "on call" can count as working time has been the subject of various European case law...more

After the Coty Germany Decision, Comes the Coty France Decision: Confirmation of a Favourable Environment for Brand Owners

by Reed Smith on

The Court of Appeal’s judgment in Coty France further confirms the shift initiated by the Court of Justice and the French Supreme Court following recent decisions under EU and French law in the Coty Germany and Caudalie...more

Restructuring Recommended after CJEU Decision on Intra-EU Bilateral Investment Treaties

by Jones Day on

The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more

GDPR—Collective Actions Under the Privacy Banner

As application of the European Union’s (EU’s) General Data Protection Regulation (GDPR) quickly approaches, the enforcement authority of the European data protection authorities (DPAs) is rightfully on everyone’s mind. The...more

Separation anxiety – UK Government publishes position on the use of data and protection of information obtained or processed in UK...

by Ropes & Gray LLP on

The UK Government has published a Technical note: Other Separation Issues reiterating “the joint UK and EU desire to establish a deep and special future partnership” and confirming the UK’s position on technical issues...more

Connecting the dots

by DLA Piper on

On 7 March 2018, the Court of Justice of the European Union (CJEU) issued its judgment in Flightright and others. The judgment deals with three separate preliminary rulings and, in doing so, answers three jurisdictional...more

French Intellectual Property Office Extends Granted SPC Expiration Date

by Jones Day on

The Situation: The French Intellectual Property Office ("IPO") previously refused to adjust the expiration date of a granted supplementary protection certificate ("SPCs") when it had been calculated on the date of grant of...more

CJEU on designs which are solely dictated by technical functions

by Hogan Lovells on

On 8 March 2018, the CJEU issued a preliminary ruling in a case that had been referred by the Higher Regional Court of Düsseldorf, Germany....more

European Court of Justice Rules on Intra-EU Bilateral Investment Treaty

by Latham & Watkins LLP on

CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more

The European Court of Justice Changes the Rules of Investment Treaty Arbitration Game in Europe

by K&L Gates LLP on

6 March 2018, the Court of Justice of the European Union (the “CJEU”) rendered a judgment in the case of the Slovak Republic v Achmea B.V., C-284/16 (the “Achmeajudgment”). The CJEU declared that "Articles 267 and 344 TFEU...more

Employment news - March 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - Retirement...more

EU General Court Judgment: Ukraine Sanctions - Delisting of a Blacklisted Person

by DLA Piper on

On 21 February 2018, the General Court of the European Union ruled in the case of Sergiy Klyuyev v Council (T-731/15), annulling Council Decision (CFSP) 2017/381 of 3 March 2017 (hereinafter the "2017 Decision") by which Mr...more

Brexit update: Draft Withdrawal Agreement

by DLA Piper on

The EU commission published its Draft Withdrawal Agreement on Brexit Wednesday 28 February 2018. The Draft Agreement is based on the joint report from the negotiations in December and presents 168 articles concentrating in...more

Zoning plans within the scope of the Service Directive

by DLA Piper on

The Service Directive needs to be taken into account when drafting zoning regulations, according to the Court of Justice of the European Union. On the 30th of January 2018 the Court of Justice of the European Union issued...more

Impact ruling European Court of Justice on Dutch fiscal unity regime

by Dentons on

Today the Court of Justice of the European Union (CJEU) issued an important judgement ruling in case C-398/16, which affects the working of the Dutch fiscal unity regime. Dutch resident companies and foreign companies with a...more

Building National Law in Africa

by DLA Piper on

There are more than a dozen regional organizations in Africa. Initially funded by multilateral aid (especially from the World Bank loans and grants), most were created by African countries themselves in the 1960's and 1970's....more

Court of session refuses permission to proceed in legal action over revocability of Article 50

by DLA Piper on

On 6 February 2018 the Court of Session in Edinburgh refused permission for judicial review proceedings to be brought to determine whether the UK Government could legally withdraw its Article 50 notice under which the UK is...more

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

by Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

A Heavy Burden: French Company Held Liable for Infringement of Competition Law by Subsidiary Due to Failure to Prove Independence

by Bryan Cave on

It is settled law that the fact that a subsidiary has separate legal personality is not sufficient to exclude the possibility of its anti-competitive conduct being imputed to the parent company. The European Court of Justice...more

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