News & Analysis as of

European Court of Justice (ECJ)

European Court of Justice: Decision on Holiday Pay

by Faegre Baker Daniels on

In King v The Sash Window Workshop Ltd and another (C-214/16), the European Court of Justice (ECJ) considered whether a worker was entitled to be paid on termination for periods of accrued but untaken holiday going back...more

Online Sales Restrictions Are a Luxury - European Court Clarifies Prohibition of Third Party Platform Sales for Luxury Goods

by Morrison & Foerster LLP on

On 6 December 2017, the European Court of Justice (ECJ) issued its judgment on online platform sales bans for luxury goods in selective distribution systems in Coty (C-230/16). The ECJ ruled that luxury goods manufacturers...more

State Aid in Disguise?—EC Investigates UK Tax Regime

by Jones Day on

The Background: The European Commission has opened an in-depth investigation into a specific provision of the UK-controlled foreign company rules. The Issue: The Commission will investigate whether the UK's so-called Group...more

Suppliers of luxury goods can prohibit their selective distributors from selling these products via third-party online platforms

by White & Case LLP on

The European Court of Justice held in Coty that a manufacturer operating a lawful selective distribution system for luxury goods is allowed to prohibit its authorised distributors from selling those goods on third-party...more

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

by Shearman & Sterling LLP on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Employers Must Conduct Individualised Risk Assessments for Breastfeeding Mothers

by Faegre Baker Daniels on

In Otero Ramos v Servicio Galego de Saude (C-531/15), the European Court of Justice (ECJ) considered the obligation of employers towards breastfeeding mothers. Ms Otero Ramos was a breastfeeding mother employed as an...more

National security reviews 2017: A global perspective — European Union

by White & Case LLP on

European investment screening "light" — first steps towards European investment controls - Due to the significant increase of foreign direct investment into European technology assets over the past 18 months, particularly...more

UK Tax Round Up - October 2017

by Proskauer Rose LLP on

UK Tax News and Developments - Government White Paper on Customs Bill - On 9 October, the Government published a White Paper setting out its approach to the introduction of a new customs and VAT regime after the UK...more

European Court Ruling May Reinvigorate Enforcement Against Excessive Pricing

by Jones Day on

The Ruling: The European Court of Justice recently provided widely anticipated guidance on the concept of excessive pricing, clarifying the use of key legal criteria in identifying an excessive pricing abuse under Article 102...more

European Court of Justice Provides Guidance on “Tasks Carried Out in the Public Interest.”

by Reed Smith on

On 27 September 2017, the European Court of Justice (“ECJ”) handed down its preliminary ruling to the Supreme Court of the Slovak Republic (“Supreme Court”) regarding the interpretation of “a task carried out in the public...more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

by Jones Day on

The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

An Irish Court Clouds the Future of EU Data Transfers: The Luck of the Model Clauses May Be Done

There was a new and potentially significant development this week in the Irish courts that could mark the start of a fundamental change in the field of privacy law and the transfer of personal data from the European Union to...more

Irish High Court Asks European Court to Rule on Legality of EU-US Data Transfers

by Reed Smith on

On 3 October 2017, the Irish High Court held that it is up to the European Court of Justice (“ECJ”) to determine whether Standard Contractual Clauses (“SCCs”) are a valid method of transferring personal data outside of the EU...more

European Labour & Employment Update - September 2017

by Jones Day on

In this edition, we report from around Europe on some interesting case law developments that affect the way employers manage their employees. The range of issues covered shows that, despite the breadth of directives issued by...more

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

by Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

ECJ sides with farmers on genetically modified crops

by Hogan Lovells on

The European Court of Justice has held that Member States may not adopt emergency measures prohibiting genetically modified food and feed (GMOs) unless there is clear evidence that a particular GMO presents a serious risk to...more

When are prices "excessive": did the Latvian competition authority strike the right note?

by Dentons on

The European Court of Justice (ECJ) has just ruled that competition regulators have a "certain margin for manoeuvre" in deciding whether prices are excessive, and that there is no single adequate method for such an...more

European merger rules do not apply to non full-function joint ventures, ECJ clarifies

by Allen & Overy LLP on

On 7 September, the Court of Justice (ECJ) issued a preliminary ruling on the interpretation of the concept of concentration set out in Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings...more

Takeaways from the Intel Judgment on the Legality of Exclusivity Rebates in the EU

According to the longstanding case law of the Court of Justice of the European Union (the “Court”), rebates which are conditional upon a purchaser buying all or most of its requirements from a dominant supplier (so called...more

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

by Jones Day on

September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

THE LATEST: European Court of Justice Clarifies Application of European Union Merger Control Rules to Joint Ventures

by McDermott Will & Emery on

On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the conditions under which the EUMR applies to the...more

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

The enforcement of standard essential patents in Germany – a stocktaking

by DLA Piper on

In July 2015, the European Court of Justice (CJEU) issued a long-awaited judgment answering questions as to the requirements an owner of a standard essential patent (SEP) is able to enforce its SEP without a breach of...more

An Unmapped Spanish Golden Mile: The “Indication Of Geographical Origin” Trademark Prohibition

Spain is famous for wines bathed in the sun. There are various splendid Spanish wine regions: Rioja, Valencia, Penedès, Priorat, Rueda — all of which would, by the way, make fantastic places to go during your holidays if you...more

News from Abroad -- Briefing on Supplementary Protection Certificates for Medicinal Products

What are SPCs? A Supplementary Protection Certificate (SPC) is an intellectual property right available for active ingredients of human and veterinary medicinal products requiring marketing authorisation. Originally...more

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