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CJEU

CJEU Confirms: Supplemental Protection Certificate Application Requires Issued Marketing Authorization

by K&L Gates LLP on

A recent decision of the CJEU in Europe raises concerns for pharmaceutical companies who wish to supplement the protection of their products with SPCs. With its decision C 567/16 the court follows a strict approach and...more

Article 29 Working Party Publishes Updated Guidance on Adequacy Referential

by Reed Smith on

On 28 November 2017, the Article 29 Working Party (‘WP29’) published a working document updating its previous guidance on transfers of personal data to third countries (WP12), (‘WP29 Document’). WP29 has reviewed its earlier...more

Why Brexit Could Limit Damages in Procurement Challenges

by Bryan Cave on

A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the possibility that aggrieved suppliers in public procurement cases in the UK run the risk of losing their future rights to...more

When is pricing discriminatory?

by Bryan Cave on

We reported in January 2017 on how a Portuguese Court has asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse...more

EU Customs Developments: September-November 2017

by White & Case LLP on

EU Customs Policy - UCC Implementation and Delegated Act amendments - Amendments to the Union Customs Code (UCC) Delegated Regulation 2015/2446 are still under consideration, with various expert meetings having taken...more

EU & Competition Law Update – December 2017

by Bryan Cave on

European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more

CJEU Issues Long-Awaited Coty Decision on Luxury Goods Supplier's Online Platform Ban

by Jones Day on

The Ruling: On December 6, 2017, the Court of Justice of the European Union ("CJEU") issued its long-awaited judgment in the Coty case, which clarifies the extent to which an online platform ban within a selective...more

CJEU-Referral: SPCs for drug-device combinations?

by DLA Piper on

The German Federal Patent Court (FPC), in its decision of 18 July 2017, referred to the Court of Justice of the European Union (CJEU) the question whether and under which prerequisites the granting of a Supplementary...more

Brexit Negotiations: As the First Phase Draws to a Close, the Next Phase Awaits

The UK and the EU have published a joint report at the conclusion of the first phase of the UK’s Article 50 withdrawal negotiations. Agreement has been reached in principle on three key issues: the rights of EU citizens in...more

Implications of the Coty Case in France: a Favourable Environment for Network Heads

by Reed Smith on

The Court of Justice’s judgment in Coty constitutes a shift from what has been EU and French decisional practice in recent years, which tended to favour the development of e-commerce over the protection of brand owners. This...more

CJEU Offers Improved Protection for Luxury Goods in Coty Ruling

by Latham & Watkins LLP on

The Court of Justice of the European Union (CJEU) has handed down its much-anticipated judgment in Case C-230/16 Coty Germany GmbH v Parfümerie Akzente GmbH (Coty). The case concerns the legality of a prohibition of sales on...more

Does Coty really mean that I can ban sales through online marketplaces?

by Bryan Cave on

In what is being hailed as landmark case in distribution law, the Court of Justice of the European Union (the ‘CJEU’) on 6 December 2017 gave a judgment confirming that luxury goods suppliers can ban sales through online...more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

Selective distribution and online sales: complying with EU competition law after the Coty judgment

by Hogan Lovells on

The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

Highest EU Court Confirms that Luxury Goods Manufacturers Can Stop Sales on Online Resale Platforms

by K&L Gates LLP on

In a judgment rendered on 6 December 2017, the Court of Justice of the EU (“CJEU”) stressed that selective distribution systems for luxury goods which are designed to preserve the luxury image of those goods are generally...more

CJEU Rules Digital Rights Ireland’s Privacy Shield Invalidation Action Inadmissible

by Reed Smith on

On 22 November 2017, the Court of Justice of the European Union (“CJEU”) gave judgment in a case taken by the not-for-profit company, Digital Rights Ireland Limited (“DRIL”). DRIL sought an annulment of the European...more

U.K./EU Joint Report on Brexit Negotiations: Immigration Aspects

by Faegre Baker Daniels on

On 8 December 2017, the U.K. Government and EU negotiators published a joint report outlining commitments made in the first phase of negotiations with regard to the U.K.’s exit from the European Union. Although the...more

The Coty Case – The CJEU rules in favour of selective distribution networks against third-party online platforms

by Dentons on

In the long-awaited Coty ruling, the Court of Justice of the European Union has confirmed that luxury brands may restrict distributors in a selective distribution network from selling their goods through third-party online...more

Selective Distribution Systems and Bans on Sales of Luxury Products via Online Market Platforms: Initial Thoughts on the CJEU’s...

The Court of Justice of the European Union (CJEU) confirmed in a short judgment of 6 December 2017 that a prohibition imposed on authorized distributors from using third party platforms for the sale of their luxury products...more

CJEU rules on Cloud Recorder: Transmission constitutes a communication to the public that requires the right holders consent

by Hogan Lovells on

On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16 – VCAST). ...more

The Increasing Costs of Contractor Misclassification in the EU: What Companies Need to Know About the New ECJ Ruling

On November 29, 2017 the European Court of Justice (ECJ) ruled that misclassified self-employed contractors who are really workers or employees could claim back holiday pay all the way to 1996—the year that the European...more

UK Tax Round Up - November 2017

by Proskauer Rose LLP on

UK Tax News and Developments - The OTS publishes its report "Value added tax: routes to simplification" - On 7 November, the Office of Tax Simplification (OTS) published its first report on VAT, which included a range...more

Mass Dismissal Filings in Germany – Do Leased Employees (“Leiharbeitnehmer”) Count?

by Bryan Cave on

Collective redundancies and the complex issue of relevant dismissal thresholds for notification of the German Federal Employment Agency (“Bundesanstalt für Arbeit” or “the Agency”) were already addressed in an earlier June...more

Court of Justice of the European Union Ruling on Scope of a Regulated Market Under MiFID

by Shearman & Sterling LLP on

The Court of Justice of the European Union has given a preliminary ruling on the meaning and scope of "regulated market" under the Markets in Financial Instruments Directive following a referral by the Dutch Administrative...more

European Court of Justice Deals Blow to Commitment Decisions

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in...more

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