News & Analysis as of

European Court of Justice (ECJ)

Expansion of digital markets and restrictions

by Bryan Cave on

The European Commission has been closely following the developments in e-commerce. As more and more goods and services are sold online, the Commission finds itself inevitably drawn into regulating the competition rules in...more

European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into...

by King & Spalding on

In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more

Irish High Court Refers Schrems 2.0 to the ECJ

by Alston & Bird on

On April 11, Justice Caroline Costello of the Irish High Court referred the Schrems 2.0 case to the Court of Justice of the European Union (ECJ) with 11 questions for the ECJ to answer. Per Justice Costello, the sole issue in...more

Brexit Update: Conditional Agreement Reached On Brexit Transition Period

by King & Spalding on

On March 19, 2018, the UK and EU released a draft withdrawal agreement highlighting the progress made between the two parties on the terms of a transition period that will usher the UK out of the EU. In this document, the UK...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

IT/Data Protection Newsletter – Germany – Winter Edition 2018

by Reed Smith on

The Winter 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We cover new case law on marketing consent, cookie consent, the liability of platform providers,...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

Road to Brexit: Theresa May sets out “Five Tests” with which to judge eventual deal

The Prime Minister has given the clearest indication yet of what the UK will seek in the Brexit negotiations. Access to each side’s markets is going to be less than it is today. ...more

Are OTT Services Telecommunications Services? German Court Asks European Court of Justice for Preliminary Ruling | Gmail Case

by Reed Smith on

According to a press release dated 26 February 2018, the Administrative Court of Appeal Munster (Oberverwaltungsgericht Münster) asked the European Court of Justice (ECJ) for a preliminary ruling on the question whether...more

The EU Publishes a First Draft of the Withdrawal Agreement with the UK

We now have more clues on what the terms of the EU’s divorce from the UK may look like—expect friction. The European Union has published a draft of the proposed Withdrawal Agreement covering the UK’s departure from the EU...more

UK Tax Round Up - February 2018

by Proskauer Rose LLP on

Case law developments - Settlement payment not deductible as an expense of a trade (Vaines v HMRC) - Mr. Vaines was a solicitor. In the 2007/08 tax year he paid a settlement amount to a third party that had made a...more

Chilling: ICA Fines Unilever/Algida €60 Million for Ice Cream Rebate Schemes

by Jones Day on

The Background: The Italian Competition Authority has imposed a €60 million fine on Unilever's Italian subsidiary Algida, which sells impulse ice creams, for having implemented a complex system of exclusivity clauses and...more

EU Court ruling on how off-label use is to be analysed under competition law

by White & Case LLP on

On 23 January 2018, the Grand Chamber of the Court of Justice ("ECJ") delivered its judgment on preliminary reference from the Italian State Council in the Roche case, which concerns the off-label use of Avastin for the...more

European Commission Publishes Position Paper on Brexit Transitional Period

by Shearman & Sterling LLP on

The European Commission has published a position paper, titled "Transitional Arrangements in the Withdrawal Agreement", which has been prepared by its Task Force for the Preparation and Conduct of the Negotiations with the...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

European Retail Trade Is on the Verge of Change

by Jones Day on

On January 30, 2018, the European Court of Justice ("ECJ") rendered a judgment with far-reaching consequences for the European retail trade (ECLI:NL:C:2018:44). The judgment (in two joined cases) centered on the question...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - January 2018

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd....more

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

by Alston & Bird on

In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the...more

UK Tax Round Up - January 2018

by Proskauer Rose LLP on

The impact of discounts on consideration for VAT purposes (Finanzamt Bingen-Alzey v Boehringer Ingelheim Pharma GmbH & Co. KG) - The ECJ has confirmed that consideration for VAT purposes should be reduced by any discount...more

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

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