Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
Fashion houses trade in dreams, and often in names. But what happens when a famous designer leaves the label, and the business keeps using the designer’s surname as a trade mark?...more
Welcome to our latest briefing, in which we look back at Unified Patent Court (UPC) developments in the last six months (July to December 2025) since our last briefing (The UPC Two Years On – published July 2025) and consider...more
May the European Union dictate how minimum wages are set in the member states? With its judgment of November 11, 2025 (C-19/23) on the EU Minimum Wage Directive (Directive (EU) 2022/2041), the Court of Justice of the European...more
Key Takeaways - European courts test jurisdiction over U.S. patents for the first time. Onesta IP, LLC, a patent assertion entity, has asserted two U.S. patents against BMW in a court in Munich, Germany following a decision...more
ICA launches a market investigation into the impact of large-scale retail supply chains on the agri-food chain sector - On 16 December 2025, the ICA launched a market investigation into the impact of large-scale retail...more
The EU Court of Justice (“CJEU”) has been asked by a Belgian court about the legality of transferring EU residents’ banking data to the United States under the Foreign Account Tax Compliance Act 2010 (“FATCA”)....more
In Joined Cases C‑580/23 (Mio) and C‑795/23 (Konektra), the Court of Justice ("ECJ") confirmed that works of applied art are protected by copyright on the same terms as all other works: originality is the sole requirement....more
On 2 December 2025, the Court of Justice of the European Union (CJEU) ruled that operators of online marketplaces can be held legally responsible for how personal data is handled on their platforms — even when the data is...more
On 18 December 2025, the CJEU delivered its judgment in the case Deity Shoes v Mundorama Confort and Stay Design (C-323/24), clarifying several fundamental aspects of EU design law under Regulation (EC) No 6/2002. The...more
The Supreme Court has found for HMRC and clarified the law on recovery on input tax recovery relating to share sale costs. Hotel La Tour sold its Birmingham hotel subsidiary in order to raise funds for a new hotel in Milton...more
The question referred to the Court was whether a comprehensive mortgage intermediation service that proactively sources clients, provides product information, assists with documentation, transmits and tracks proposals,...more
On December 2, 2025, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in Case C‑492/23, which could reshape the compliance obligations of online platforms in Europe. The Court ruled that...more
The Court of Justice of the European Union ("CJEU"), on request for a preliminary ruling from the Court of Appeal of Cluj, Romania, has issued a Grand Chamber judgment addressing the GDPR obligations of online platforms that...more
Cross-border data flows between the European Union (EU) and the United States have long been a point of legal and political contention, and the legal frameworks governing those flows have been repeatedly tested in the EU’s...more
The Court of Justice of the European Union (CJEU) has upheld a General Court (GC) judgment that sided with the European Commission (EC)’s decision to fine Teva and Cephalon for a ‘pay for delay’ pharmaceutical patent...more
The Court of Justice of the European Union (CJEU) has held in a preliminary ruling procedure that parents who care for a child with a disability may seek protection under the principle of equal treatment against their...more
There’s something curiously Sisyphean about the debate on legal professional privilege in competition law. Like some judicial boulders perpetually rolled uphill, only to tumble back down, the arguments presented in November’s...more
The European Space Agency launched the James Webb Space Telescope on Christmas Day 2021 from its facility in French Guiana. A collaboration between NASA, CSA and ESA, the JWST’s launch could not have gone better – a perfect...more
The Court reaffirms that confidentiality in the attorney-client relationship is not limited to judicial proceedings alone. In a decision dated October 8, 2025 (No. 24-16.995), the Commercial Chamber of the French Supreme...more
On 10 November 2025, the European Commission released a Competition Policy Brief on LPP in antitrust investigations. Issued in the slipstream of the ongoing Regulation 1/2003 review, the note reaffirms the (in-)famous Akzo...more
Advocate General Medina issued a well‑reasoned opinion in Joined Cases C‑258/23 to C‑260/23 before the Court of Justice of the EU (CJEU) that may allow national competition authorities to seize business emails during dawn...more
In SC Arcomet Towercranes SRL (Case C-726/23) (4 September), the CJEU found that transfer pricing adjustments can fall within the scope of VAT if there is a direct link between the services provided and the compensation...more
A Finnish company was providing factoring services that consisted in "invoice factoring", which took the form of a credit granted that corresponded to the factored debts, but limited to an amount determined on the basis of...more
The European Court of Justice has clarified that leniency statements and settlement submissions to competition authorities may be shared with national prosecutors, but only if doing so does not undermine the effectiveness of...more
EC Imposes Fines for Resale Price Maintenance - On 14 October 2025, the European Commission (EC) announced fines on three fashion companies for online and offline resale price maintenance (RPM) in breach of EU competition...more