Category: European

Oliver Brustle v Greenpeace eV: ECJ 18 Oct 2011

ECJ Directive 98/44/EC – Article 6(2)(c) – Legal protection of biotechnological inventions – Extraction of precursor cells from human embryonic stem cells – Patentability – Exclusion of ‘uses of human embryos for industrial or commercial purposes’ – Concepts of ‘human embryo’ and ‘use for industrial or commercial purposes

V Skouris, P
[2011] EUECJ C-34/10, [2012] Bus LR D73, ECLI:EU:C:2011:669, [2012] 1 CMLR 41
Bailii
Directive 98/44/EC 6(2)(c)
Citing:
Opinion – Oliver Brustle v Greenpeace eV ECJ 10-Mar-2011
brustle_greenpeaceECJ11
ECJ Directive 98/44/EC – Legal protection of biotechnological inventions – Obtaining cell precursors from human embryonic stem cells – Patentability – Exclusion of ‘uses of human embryos for industrial or . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 09 January 2022; Ref: scu.558209

Aldi Einkauf v OHMI – Alifoods (Alifoods): ECFI 26 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Alifoods – Earlier international and Community word marks ALDI – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95)

T-240/13, [2014] EUECJ T-240/13, ECLI:EU:T:2014:994
Bailii
European

Intellectual Property

Updated: 08 January 2022; Ref: scu.539323

Commission v CAS Succhi di Frutta (Judgment): ECJ 29 Apr 2004

Europa Appeal – Common agricultural policy – Food aid – Tendering procedure – Commission decision amending the conditions after the auction – Payment of successful tenderers in fruit other than those specified in the notice of award.

C-496/99, [2004] EUECJ C-496/99P, [2004] ECR I-3801
Bailii
Cited by:
Cited – The Law Society, Regina (on the Application of) v Legal Services Commission CA 29-Nov-2007
The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement . .
Cited – Azam and Co v Legal Services Commission ChD 5-May-2010
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 08 January 2022; Ref: scu.196635

Lloyd Schuhfabrik Meyer v Klijsen Handel: ECJ 22 Jun 1999

ECJ In accordance with the division of functions provided for by Article 177 of the Treaty (now Article 234 EC), the role of the Court of Justice is limited to providing the national court with the guidance on interpretation necessary to resolve the case before it, while it is for the national court to apply the rules of Community law, as interpreted by the Court, to the facts of the case under consideration.
It is possible that mere aural similarity between a trade mark and a sign, used for identical or similar products, may create a likelihood of confusion within the meaning of Article 5(1)(b) of First Directive 89/104 on trade marks. The more similar the goods or services covered and the more distinctive the earlier mark, the greater will be the likelihood of confusion.
In order to determine the distinctive character of a mark and, accordingly, to assess whether it is highly distinctive, it is necessary to make a global assessment of the greater or lesser capacity of the mark to identify the goods or services for which it has been registered as coming from a particular undertaking, and thus to distinguish those goods or services from those of other undertakings. In making that assessment, account should be taken of all relevant factors and, in particular, of the inherent characteristics of the mark, including the fact that it does or does not contain an element descriptive of the goods or services for which it has been registered. It is not possible to state in general terms, for example by referring to given percentages relating to the degree of recognition attained by the mark within the relevant section of the public, when a mark has a strong distinctive character.

Gazette 06-Oct-1999, Times 30-Jun-1999, C-342/97, [2000] FSR 77, [1999] IP and T, [1999] ECR I-3819, [1999] ETMR 690, [1999] EUECJ C-342/97
Bailii
European
Cited by:
Cited – Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited) ChD 11-Jun-2003
The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark.
Held: The word . .
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
Cited – Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
Cited – Apple Corps Ltd v Apple Computer Inc ChD 8-May-2006
The parties had several years ago compromised an action for trade mark infringement on the basis that the defendant would not use the Apple logo in association with areas of commercial activity, including the sale of ‘work whose principal content is . .
Cited – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Cited – Specsavers International Healthcare Ltd and Others v Asda Stores Ltd ChD 30-Jul-2010
The claimant complained of the defendant’s use of its trade marks alleging infringement and passing off when it relaunched its own optician services. Having had advance notice of the details of the proposed campaign, the claimants had launched their . .
Cited – Lewis v Client Connection Ltd ChD 6-Jul-2011
The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 08 January 2022; Ref: scu.162241

Seiont, Gwyrfai and Llyfni Anglers’ Society, Regina (on The Application of) v Natural Resources Wales and Others: Admn 17 Dec 2015

The Court was asked whether for the purposes of the Environmental Liability Directive (EU Directive 2004/35/EC), ‘environmental damage’ includes the prevention or deceleration of recovery from an existing, already-damaged environmental state; or whether it is restricted to a deterioration from an existing state.

Hickinbottom J
[2015] EWHC 3578 (Admin)
Bailii
Directive 2004/35/EC
England and Wales

Planning, European, Environment

Updated: 08 January 2022; Ref: scu.557153

Isle of Wight Council and Others v HM Revenue and Customs: CA 16 Dec 2015

The court was asked as to the issue of principle whether a local authority which charges members of the public for off-street car parking is a non-taxable person for VAT purposes. This turns on whether treating the authority as a non-taxable person ‘would lead to significant distortions of competition’ within the meaning of Article 4.5(2) of the Sixth Council Directive of 17 May 1977 (77/388/EEC).

Sir Terence Etherton Ch, Underhill, David Richards LJJ
[2015] EWCA Civ 1303, [2015] WLR(D) 531
Bailii, WLRD
England and Wales

Local Government, VAT, European

Updated: 08 January 2022; Ref: scu.557084

Timac Agro Deutschland GmbH v Finanzamt Sankt Augustin: ECJ 17 Dec 2015

ECJ Judgment – Reference for a preliminary ruling – Tax legislation – Corporation tax – Freedom of establishment – Non-resident permanent establishment – Avoidance of double taxation by exemption of the income of the non-resident permanent establishment – Taking account of losses incurred by that permanent establishment – Reincorporation of the losses deducted previously in the event that the non-resident establishment is transferred – Definitive losses

C-388/14, [2015] EUECJ C-388/14
Bailii
European

European

Updated: 08 January 2022; Ref: scu.557039

Parliament v Council: ECJ 15 Dec 2015

ECJ Judgment – Actions for annulment – Regulation (EU) No 1385/2013 – Directive 2013/62/EU – Directive 2013/64/EU – Legal basis – Article 349 TFEU – Outermost regions of the European Union – Amendment of the status of Mayotte with regard to the European Union

C-132/14, [2015] EUECJ C-132/14, ECLI:EU:C:2015:813
Bailii
Regulation (EU) No 1385/2013, Directive 2013/62/EU, Directive 2013/64/EU

European

Updated: 08 January 2022; Ref: scu.557023

Chart v EEAS: ECFI 16 Dec 2015

ECJ Judgment – Non-contractual liability – Local member of staff at the EU delegation in Egypt – End of contract – Failure of the delegation to provide the Egyptian organization of social security certificate end of agent service and regularizing later the situation of the latter in this respect – Limitation – Continued harm – Partial inadmissibility – Principle of sound administration – Reasonable period – Article 41 of the Charter of Fundamental Rights – Sufficiently serious breach of a rule of law conferring rights on individuals – certain damage – Causation

T-138/14, [2015] EUECJ T-138/14, ECLI:EU:T:2015:981
Bailii
European

European

Updated: 08 January 2022; Ref: scu.556996

Italy v Commission: ECFI 17 Dec 2015

ECJ Judgment – Language arrangements – General Notice of competition for recruiting translators – Choice of the second language from three languages ??- Language of recruitment candidates – Regulation No 1 – Article 1d, paragraph 1, Article 27 and Article 28 f) the Staff Regulations – Principle of non-discrimination – Proportionality

T-510/13, [2015] EUECJ T-510/13, ECLI:EU:T:2015:1001
Bailii
European

European

Updated: 08 January 2022; Ref: scu.557010

Guittet v Commission: ECJ 15 Dec 2015

ECJ Judgment – Civil Service – Former official – Social security – Support for medical expenses – Management of medical records by the Commission – Principle of sound administration and duty of care – Non-contractual liability of the Union

F-141/14, [2015] EUECJ F-141/14, ECLI: EU: F: 2015 : 149
Bailii

European

Updated: 08 January 2022; Ref: scu.557005

Imtech Marine Belgium v Radio Hellenic SA: ECJ 17 Dec 2015

ECJ (Judgment) – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Conditions for certification – Rights of the debtor – Review of the judgment

C-300/14, [2015] EUECJ C-300/14
Bailii
Regulation (EC) No 805/2004

European

Updated: 08 January 2022; Ref: scu.557007

Apex GmbH Internationale Spedition v Hauptzollamt Hamburg-Stadt: ECJ 17 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Commercial policy – Dumping – Gas-fuelled, non-refillable pocket flint lighters – Regulation (EC) No 1225/2009 – Article 11(2) – Expiry – Article 13 – Circumvention – Implementing Regulation (EU) No 260/2013 – Validity – Extension of an anti-dumping duty at a date on which the regulation which imposed it is no longer in force – Change in the pattern of trade

C-371/14, [2015] EUECJ C-371/14, , ECLI:EU:C:2015:828
Bailii
Regulation (EC) No 1225/2009 11(2)

European

Updated: 08 January 2022; Ref: scu.556986

Bice International v OHMI – Bice (Bice): ECFI 17 Dec 2015

ECJ Judgment- Community trade mark – Invalidity proceedings – Community word mark bice – Earlier national figurative mark BiCE 1926 RISTORANTE – Absence of genuine use of the earlier mark – Article 57, paragraphs 2 and 3 of Regulation No 207/2009

T-624/14, [2015] EUECJ T-624/14, ECLI:EU:T:2015:998
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 08 January 2022; Ref: scu.556989

Bonazzi v Commission: ECJ 15 Dec 2015

ECJ Judgment – Public service – Officials – Promotion year 2014 – General implementing provisions of Article 45 of the Statute – List of officials proposed for promotion by the Directorates General and services – Failure of the applicant’s name – Ability to challenge the list officials put forward for promotion before the Joint Committee on Promotions – No position taken by the Joint Promotions Committee – Consideration of comparative merits carried out by the appointing authority alone

F-88/15, [2015] EUECJ F-88/15, ECLI:EU:F:2015:150
Bailii

European

Updated: 08 January 2022; Ref: scu.556990

Secretary of State for The Home Department v Straszewski: CA 3 Dec 2015

Appeals by the Secretary of State against decisions of the Upper Tribunal raising questions concerning the application of Regulation 21 of the 2006 Regulations.

Moore-Bick VP CA, Davis, Sharp LJJ
[2015] EWCA Civ 1245
Bailii
Immigration (European Economic Area) Regulations 2006
England and Wales

Immigration, European

Updated: 07 January 2022; Ref: scu.556459

Banif Plus Bank Zrt v Marton Lantos: ECJ 3 Dec 2015

ECJ Judgment – References for a preliminary ruling – Directive 2004/39/EC – Articles 4(1) and 19(4), (5) and (9) – Markets in financial instruments – Concept of ‘investment services and activities’ – Provisions to ensure investor protection – Conduct of business obligations when providing investment services to clients – Obligation to assess the suitability or appropriateness of the service to be provided – Contractual consequences of non-compliance with that obligation – Consumer credit contracts – Foreign currency denominated loan – Advancement and reimbursement of loan in domestic currency – Terms relating to the exchange rate

[2015] WLR(D) 498, ECLI:EU:C:2015:794, C-312/14, [2015] EUECJ C-312/14
WLRD, Bailii
Directive 2004/39/EC 4(1)

European, Banking, Consumer

Updated: 07 January 2022; Ref: scu.556323

Poland v Commission: ECFI 3 Dec 2015

ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Rural Development – Expenditures by Poland – Article 33 b of Regulation (EC) No 1257/1999 – Article 7 of Regulation (EC) No. 1258 / 1999 – Article 31 of Regulation (EC) No 1290/2005 – mixed financial correction – Obligation to state reasons

T-367/13, [2015] EUECJ T-367/13
Bailii
Regulation (EC) No 1257/1999 33(b)

European

Updated: 07 January 2022; Ref: scu.556336

PP Nature-Balance Lizenz v Commission: ECJ 3 Dec 2015

ECJ Judgment – Appeal – Medicines for human use – Directive 2001/83 / EC – Articles 31 and 116 – Commission decision ordering the Member States the withdrawal and modification of national authorizations for medicinal products for human use containing the active substance ‘tolperisone’

C-82/15, [2015] EUECJ C-82/15
Bailii

European

Updated: 07 January 2022; Ref: scu.556337

Compagnie Des Fromages and Richesmonts v OHMI – Grupo Lactalis Iberia And Blanc: ECFI 3 Dec 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark representing a gingham red and white pattern – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009′

T-327/14, [2015] EUECJ T-327/14
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556325

CN v Parliament: ECFI 3 Dec 2015

ECJ Judgment – Non-contractual liability – Petition addressed to the Parliament – Posting on the website of the Parliament of certain personal data – Lack of sufficiently serious breach of a rule of law conferring rights on individuals

T-343/13, [2015] EUECJ T-343/13
Bailii

European

Updated: 07 January 2022; Ref: scu.556324

Trekstor v OHMI – Scanlab (Idrive): ECFI 3 Dec 2015

(Judgment) Community trade mark – Opposition proceedings – Community trade mark iDrive – Earlier word mark German iDrive – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009

T-105/14, [2015] EUECJ T-105/14
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556340

Infusion Brands v OHIM (Dualsaw): ECFI 3 Dec 2015

(Judgment) Community trade mark – Application for the Community figurative mark DUALSAW – Absolute grounds for refusal – Partial refusal of registration – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

T-647/14, [2015] EUECJ T-647/14
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556330

European Dynamics Luxembourg and Evropaiki Dynamiki v Joint Undertaking Fusion For Energy: ECFI 2 Dec 2015

ECJ (Judgment) Public service contracts – Tendering procedure – Supply of IT services, consulting, software development, Internet and support – Rejection of the tender of one tenderer and award of the contracts to other tenderers – Non-contractual liability

ECLI:EU:T:2015:918, T-553/13, [2015] EUECJ T-553/13
Bailii
European

European

Updated: 07 January 2022; Ref: scu.556327

Infusion Brands v OHIM (Dualtools): ECFI 3 Dec 2015

(Judgment) Community trade mark – Application for the Community figurative mark DUALTOOLS – Absolute grounds for refusal – Partial refusal of registration – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

T-648/14, [2015] EUECJ T-648/14
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556331

Tsujimoto v OHMI – Kenzo (Kenzo Estate) T-414/13: ECFI 2 Dec 2015

ECJ (Judgment) Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark KENZO ESTATE – Earlier Community word mark KENZO – Relative ground for refusal – Reputation – Article 8(5) of Regulation (EC) No 207/2009

T-414/13, [2015] EUECJ T-414/13, ECLI:EU:T:2015:923
Bailii
Human Rights

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556341

Italy v Commission: ECJ 3 Dec 2015

ECJ Judgment – Appeal – Regional policy – Regional operational programme (ROP) Puglia (Italy) covered by objective No 1 (2000-2006) – Reduction of the Community financial assistance initially granted by the European Regional Development Fund

C-280/14, [2015] EUECJ C-280/14
Bailii

European

Updated: 07 January 2022; Ref: scu.556332

Pfotenhilfe-Ungarn eV v Ministerium fur Energiewende, Landwirtschaft, Umwelt und landliche Raume des Landes Schleswig-Holstein: ECJ 3 Dec 2015

Judgment Reference for a preliminary ruling – Regulation (EC) No 1/2005 – Article 1(5) – Protection of animals during transport – Transport of stray dogs from one Member State to another by an animal protection association – Concept of ‘economic activity’ – Directive 90/425/EEC – Article 12 – Concept of ‘dealers engaging in intra-Community trade’

C-301/14, [2015] EUECJ C-301/14
Bailii
Regulation (EC) No 1/2005

European, Animals

Updated: 07 January 2022; Ref: scu.556335

Cuallado Martorell v Commission: ECFI 3 Dec 2015

ECJ Judgment – Appeal – Public service – Officials – Recruitment – Open competition for the constitution of a reserve list of lawyer-linguists in Spanish – Decision confirming the failure of the jury at the last written test and bearing non-admission to the oral test – Article 90, paragraph 2, of the Statute – Admissibility of the action at first instance – Duty to state reasons – Refusal to disclose to the applicant the corrected written tests – Access to documents

T-506/12, [2015] EUECJ T-506/12
Bailii

European

Updated: 07 January 2022; Ref: scu.556326

Quenon K SPRL v Beobank SA, formerly Citibank Belgium SA, Metlife Insurance SA, formerly Citilife SA: ECJ 3 Dec 2015

Judgment – Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2) – Termination of the agency contract by the principal- Compensation of the agent- Prohibition of the simultaneous operation of the indemnity for customers scheme and compensation for damage scheme – Entitlement of the agent to damages additional to the indemnity for customers – Conditions

C-338/14, [2015] EUECJ C-338/14
Bailii
Directive 86/653/EEC 17(2)

European, Agency

Updated: 07 January 2022; Ref: scu.556338

Omega International v OHIM And D’Un Rectangle Blancs Dans Un Rectangle Noir): ECFI 3 Dec 2015

Judgment – Community trade mark – Community figurative mark representing a circle and a white rectangle on a black rectangle – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207 / 2009

T-695/14, [2015] EUECJ T-695/14
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556334

NA.25Rburgring v OHMI – Biedermann (Nordschleife): ECFI 26 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Nordschleife – Earlier national word mark Management by Nordschleife – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-181/14, [2015] EUECJ T-181/14, ECLI:EU:T:2015:889
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556050

Navarra De Servicios Y Tecnologias v Commission: ECFI 26 Nov 2015

ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – State resources – Economic activity – Advantage – Effect on trade between Member States and distortion of competition – Service of general economic interest – Article 107, paragraph 3, c) TFEU – Abuse of power

T-487/13, [2015] EUECJ T-487/13, ECLI:EU:T:2015:899
Bailii

European

Updated: 07 January 2022; Ref: scu.556048

Giant (China) v Council: ECFI 26 Nov 2015

ECJ Judgment – Dumping – Imports of bicycles originating in China – Interim review – Article 9(5) and Article 18 of Regulation (EC) No 1225/2009 – Individual treatment – Non-cooperation – Necessary information – Facts available – Related companies – Circumvention

T-425/13, [2015] EUECJ T-425/13
Bailii
Regulation (EC) No 1225/2009 18

European

Updated: 07 January 2022; Ref: scu.556041

HK Intertrade v Council: ECFI 26 Nov 2015

ECJ Judgment – Common foreign and security policy – Restrictive measures against Iran with a view to preventing nuclear proliferation – Freezing of funds – Actions for annulment – Period allowed for commencing proceedings – Point from which time starts to run – Admissibility – Right to be heard – Obligation to notify – Obligation to state reasons – Rights of defence – Manifest error of assessment

T-159/13, [2015] EUECJ T-159/13, ECLI:EU:T:2015:894
Bailii

European

Updated: 07 January 2022; Ref: scu.556042

Jaguar Land Rover v Ohim (Forme D’Une Voiture): ECFI 25 Nov 2015

ECJ Judgment – Community trade mark – Application for a three-dimensional Community trade mark – Shape of a car – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009

T-629/14, [2015] EUECJ T-629/14, ECLI:EU:T:2015:878
Bailii
European

Intellectual Property

Updated: 07 January 2022; Ref: scu.556043

Junited Autoglas Deutschland v OHMI – United Vehicles (United Vehicles): ECFI 26 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark UNITED vehicles – Earlier Community word mark Junited – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009

T-404/14, [2015] EUECJ T-404/14
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556044

Masafi v OHMI – HD1 (Juice Masafi): ECFI 25 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark JUICE masafi – Earlier national word mark masafi – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-248/14, [2015] EUECJ T-248/14, ECLI:EU:T:2015:880
Bailii
Regulation (EC) No 207/2009
European

Intellectual Property

Updated: 07 January 2022; Ref: scu.556045

Nico v Council: ECFI 26 Nov 2015

ECJ Judgment – Common foreign and security policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Obligation to state reasons – Manifest error of assessment

T-371/14, [2015] EUECJ T-371/14
Bailii

European

Updated: 07 January 2022; Ref: scu.556049

Masafi v OHMI – Hd1 (Masafi): ECFI 25 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark masafi – Earlier national word mark masafi – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-249/14, [2015] EUECJ T-249/14, ECLI:EU:T:2015:881
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556046

Abertis Telecom And Retevision I v Commission: ECFI 26 Nov 2015

ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Advantage – Economic Interest Service General – Article 107, paragraph 3, c) TFEU – New aid – Obligation to state reasons

T-541/13, [2015] EUECJ T-541/13, ECLI:EU:T:2015:898
Bailii

European, Media

Updated: 07 January 2022; Ref: scu.556032

Bionecs v OHMI – Fidia Farmaceutici (Bionecs): ECFI 26 Nov 2015

Judgment – Community trade mark – Opposition proceedings – Application for Community word mark BIONECS – Earlier international word mark BIONECT – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-262/14, [2015] EUECJ T-262/14, ECLI:EU:T:2015:888
Bailii
Regulation (EC) No 207/2009 8

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556034

Comunidad Autonoma De Cataluna and CTTI v Commission: ECFI 26 Nov 2015

Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Advantage – Economic Interest Service General – Article 107, paragraph 3, c) TFEU – New aid

T-465/13, [2015] EUECJ T-465/13
Bailii

European

Updated: 07 January 2022; Ref: scu.556035

Comunidad Autonoma De Galicia v Commission: ECFI 26 Nov 2015

ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly incompatible with the internal market – Concept of undertaking – Economic activity – Advantage – Service of general economic interest – Selective nature – Article 107, paragraph 3, c) TFEU – Obligation to state reasons

T-463/13, [2015] EUECJ T-463/13, ECLI:EU:T:2015:901
Bailii

European, Media

Updated: 07 January 2022; Ref: scu.556036

Etablissement Amra v OHIM (KJ Kangoo Jumps XR): ECFI 26 Nov 2015

ECJ Judgment – Community trade mark – Application for Community trade mark KJ Kangoo Jumps XR – Absolute ground for refusal – Devoid of any distinctive character – Article 7(1)(b) of Regulation No 207/2009

T-390/14, [2015] EUECJ T-390/14, ECLI:EU:T:2015:897
Bailii

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.556039

Antartica Srl v OHIM (Trade Mark): ECJ 12 Mar 2009

Europa Appeal Community trade mark Regulation (EC) No 40/94 Article 8(5) Refusal to register Earlier trade mark of repute NASDAQ Figurative sign ‘nasdaq’ Use of the earlier mark for goods and services allegedly offered free of charge Taking unfair advantage of the distinctive character or the repute of the earlier mark Relevant public.

C-320/07, [2008] EUECJ C-320/07, [2009] ETMR 47
Bailii
European

European, Intellectual Property

Updated: 07 January 2022; Ref: scu.375625

Regina v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock: ECJ 24 Mar 1994

1. The requirements flowing from the protection of fundamental rights in the Community legal order are also binding on Member States when they implement Community rules, with the result that Member States must, as far as possible, apply those rules in accordance with those requirements.
Where reference is made to the Court for a preliminary ruling, it must provide all the criteria of interpretation needed by the national court to determine whether rules falling within the scope of Community law are compatible with the fundamental rights whose observance the Court ensures.
2. The Community rules on the additional levy on milk introduced by Regulations No 856/84, No 857/84 and No 1371/84 do not require a Member State to introduce a scheme for the payment by a landlord of compensation to an outgoing tenant and do not confer directly on a tenant a right to such compensation in respect of the reference quantity transferred to the landlord on the expiry of a lease.
The general principles of Community law do not provide for an obligation or right of that kind either.
The right to property safeguarded by the Community legal order does not include the right to dispose, for profit, of an advantage, such as the reference quantities allocated in the context of the common organization of a market, which does not derive from the assets or occupational activity of the person concerned.
The fact that other tenants may have received compensation later as a result of an amendment to national legislation cannot allow the principle of equal treatment to be successfully pleaded. That principle, which is expressly set out in Article 40(3) of the Treaty, cannot bring about retroactive modification of the relations between the parties to a lease to the detriment of the lessor by imposing on him an obligation to compensate the outgoing lessee, whether under national provisions which the Member State in question might be required to adopt, or by means of direct effect.
In view of the fact that legal relations between lessees and lessors, in particular on the expiry of a lease, are, as Community law now stands, still governed by the law of the Member State in question, any consequences of unjust enrichment of the lessor on the expiry of a lease are not a matter for Community law.

C-2/92, [1994] EUECJ C-2/92, [1994] ECR I-955
Bailii
European

Agriculture

Updated: 07 January 2022; Ref: scu.160841

In re J (A Child): SC 25 Nov 2015

The court considered for the first time the scope of the jurisdiction conferred by article 11 of the 1996 Convention ‘in all cases of urgency’ upon the Contracting State where a child is present but not habitually resident. F had obtained an order under the inherent jurisdiction of the court for the return of J to Morocco.
Held: The appeal succeeded, and the court set aside the decision of the Court of Appeal to dismiss F’s application. ‘measures of protection’ in Article 3 goes far wider than the public law measures of child care and protection to which an English lawyer might otherwise think that they referred (although those are also included). The exclusions from the Convention in article 4 include ‘(a) the establishment or contesting of a parent-child relationship; (b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; (c) the names and forenames of the child;’. The focus of the Convention is on the care and upbringing of the child (or the protection of his property).
Lady Hale said: ‘While I would not, therefore, go so far as to say that such a case is invariably one of ‘urgency’, I find it difficult to envisage a case in which the court should not consider it to be so, and then go on to consider whether it is appropriate to exercise the article 11 jurisdiction. It would obviously not be appropriate where the home country was already seized of the case and in a position to make effective orders to protect the child. However, as Lord Wilson pointed out in the course of argument, the courts of the country where the child is are often better placed to make orders about the child’s return. Those courts can take steps to locate the child, as proved necessary in this case, and are likely to be better placed to discover the child’s current circumstances. Those courts can exert their coercive powers directly upon the parent who is here and indeed if necessary upon the child. The machinery of going back to the home country to get orders and then enforcing them in the presence country may be cumbersome and slow. Getting information from the home country may also be difficult. The child’s interests may indeed be compromised if the country where the child is present is not able to take effective action in support of the child’s return to the country of his or her habitual residence.’

Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Hughes, Lord Toulson
[2015] UKSC 70, [2015] 3 WLR 1827, [2016] AC 1291, [2015] WLR(D) 486, UKSC 2015/0176
Bailii, Bailii Summary, WLRD, SC, SC Summary
The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, concluded on 19 October 1996 11, Regulation No 2201/2003 20(1)
England and Wales
Citing:
Cited – Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction) HL 16-Jun-2005
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought . .
Appeal ffrom – Re J (A Child) (1996 Hague Convention) (Morocco) CA 1-Apr-2015
M appealed against an order for the return of her child to Morocco. Both parents had dual Moroccan and UK citizenship. The child was born in the UK, but later lived with them in Morocco. The parents split, with M awarded custody in Morocco, but . .
Cited – Purrucker v Valles Perez (No 1) ECJ 15-Jul-2010
ECJ (Judgment) Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – . .
Cited – Deticek v Sgueglia ECJ 23-Dec-2009
ECJ (Area Of Freedom, Security and Justice) Judicial cooperation in civil matters Matrimonial matters and matters of parental responsibility Regulation (EC) No 2201/2003 Provisional measures concerning custody . .
Cited – B v B FD 21-May-2014
Mostyn J used the 1996 Convention for just this purpose, when ordering the return of a child to Lithuania pursuant to the 1980 Convention, so as to ensure that there was no grave risk of harm within the meaning of article 13(1)(b) of that . .

Lists of cited by and citing cases may be incomplete.

Children, International, European

Updated: 06 January 2022; Ref: scu.554899

Van Der Spree v Commission: ECJ 19 Nov 2015

Judgment – Public service – Remuneration – Termination of service – Article 6, paragraph 1 of Annex VII to the Staff – Resettlement allowance at the basic rate of two months’ basic salary – Change of applicant’s residence – the daughter of Residence the applicant – Proof

ECLI:EU:F:2015:139, F-37/15, [2015] EUECJ F-37/15
Bailii

European

Updated: 06 January 2022; Ref: scu.554873

SBS Belgium v Belgische Vereniging van Auteurs, Componisten en Uitgevers: ECJ 19 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2001/29/EC – Article 3(1) – Communication to the public – Definition of ‘communication’ and ‘public’ – Distribution of television programmes – Process known as ‘direct injection’

C-325/14, [2015] EUECJ C-325/14
Bailii
Directive 2001/29/EC 3(1)

European, Media

Updated: 06 January 2022; Ref: scu.554871

Nu Air Polska v Commission: ECFI 18 Nov 2015

ECJ Judgment – Dumping – Imports of certain compressors originating in China – Partial refusal to refund the anti-dumping duties paid – Determination of the export price – Deduction of anti-dumping duties – Adjustment of the temporal effects of an annulment

ECLI:EU:T:2015:866, T-75/12, [2015] EUECJ T-75/12
Bailii

European

Updated: 06 January 2022; Ref: scu.554867

Hyde Housing Association Ltd and Others v Layton: EAT 11 Sep 2015

EAT Transfer of Undertakings: Acquired Rights Directive – TRANSFER OF UNDERTAKINGS – Transfer
In circumstances where the Claimant’s employment with M transferred to employment with M and the other Respondents, the ET held that there had been a relevant transfer for the purposes of Regulation 3(1)(a) TUPE. The Respondents appealed.
The appeal raised the following questions: Can there be a relevant transfer for TUPE purposes where: (1) an employee moves from an employment contract with one employer to an employment contract with several employers, including the original employer (the joint employment issue)? and (2) the economic entity transfers to multiple transferees, including the original transferor (the multiple transferee – or transferor as transferee – issue)?
Held:
Allowing the appeal. Although Regulation 3(1)(a) TUPE did not preclude a relevant transfer to multiple transferees, where the transferor remained liable for the Claimant’s employment the situation would not fall within the protection of TUPE or the ARD. That was so as a matter of construction; it was also consistent with the protective purpose of the ARD, which did not extend to those cases where the employee’s legal position vis-a-vis the employer was unchanged. That being so, the appeal would be allowed and the ET’s decision substituted by a finding that there had been no relevant transfer for TUPE purposes on 1 August 2013.
Given the novelty and potential importance of the point, permission was given to the Claimant to appeal to the Court of Appeal.

Eady QC HHJ
[2015] UKEAT 0124 – 15 – 1109
Bailii
England and Wales

Employment, European

Updated: 06 January 2022; Ref: scu.554876

Regiopost v Stadt Landau in der Pfalz: ECJ 17 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Article 3(1) – Directive 2004/18/EC – Article 26 – Public procurement – Postal services – Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services covered by the public contract

ECLI:EU:C:2015:760, C-115/14, [2015] EUECJ C-115/14
Bailii

European

Updated: 06 January 2022; Ref: scu.554869

Netherlands v Commission: ECFI 24 Nov 2015

ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Financial correction applied in respect of non-declaration of interest – Obligation to state reasons – Duty to account interest – Article 32, paragraph 5 of Regulation (EC) No. 1290/2005 – Principle of equivalence – Duty of care

ECLI:EU:T:2015:875, T-126/14, [2015] EUECJ T-126/14
Bailii
Regulation (EC) No. 1290/2005 5

European

Updated: 06 January 2022; Ref: scu.554864

Matratzen Concord v OHMI – Barranco Rodriguez And Barranco Schnitzler (Matratzen Concord): ECFI 19 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Matratzen Concord – Earlier national word mark MATRATZEN – Relative ground for refusal – Proof of use – Likelihood of confusion – Article 8, paragraph 1 b) and Article 42, paragraph 2 of Regulation (EC) No 207/2009

T-526/14, [2015] EUECJ T-526/14
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554860

FH v Parliament: ECJ 18 Nov 2015

ECJ Judgment – Public service – Officials – Remuneration – Installation allowance – Article 5, paragraph 2, of Annex VII – Assignment to a new place of employment – Article 5, paragraph 4, last sentence, of Annex VII status – Exclusion of the installation allowance in the event that the official entitled to the household allowance is allocated to the place where his family lives – Need for installing the official with his family at the duty station – Because of separation of spouses – Consequences – Inapplicability of Article 5, paragraph 4, last sentence, of Annex VII

F-26/15, [2015] EUECJ F-26/15, ECLI:EU:F:2015:137
Bailii

European

Updated: 06 January 2022; Ref: scu.554853

Government Of Malaysia v OHMI – Vergamini (Halal Malaysia): ECFI 18 Nov 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark HALAL MALAYSIA – Earlier non-registered figurative mark HALAL MALAYSIA – Relative ground for refusal – No rights to the earlier sign acquired pursuant to the law of the Member State before the date of the filing of the Community trade mark application – Article 8(4) of Regulation (EC) No 207/2009 – Use of the earlier mark as a certification mark – Action for passing off – Absence of goodwill

T-508/13, ECLI:EU:T:2015:861, [2015] EUECJ T-508/13
Bailii

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554854

Skatteverket v Hirvonen: ECJ 19 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Equal treatment – Income tax – Revenue of non-resident taxpayers subject to taxation at source – Exclusion of any tax deduction related to the taxpayer’s personal circumstances – Justification – Possibility for non-resident taxpayers to opt for the regime applicable to resident taxpayers and to benefit from the relevant tax deductions

ECLI:EU:C:2015:765, C-632/13, [2015] EUECJ C-632/13
Bailii

European

Updated: 06 January 2022; Ref: scu.554856

Bukovansky v Finanzamt Lorrach: ECJ 19 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Taxation – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Relationship between that agreement and bilateral agreements on double taxation – Equal treatment – Discrimination on grounds of nationality – National of a Member State of the European Union – Frontier workers – Income tax – Allocation of fiscal sovereignty – Connecting factor for tax purposes – Nationality

C-241/14, [2015] EUECJ C-241/14, ECLI:EU:C:2015:766
Bailii

European, Income Tax

Updated: 06 January 2022; Ref: scu.554848

Clientearth v Commission: ECFI 13 Nov 2015

ECJ Judgment : Second Chamber – Access to documents – Regulation (EC) No 1049/2001 – Draft impact assessment report, impact assessment report and opinion of the Impact Assessment Board – Refusal to grant access – Exception relating to the protection of the decision-making process – Duty to state reasons – Obligation to carry out a specific and individual examination – Overriding public interest

T-424/14, [2015] EUECJ T-424/14, ECLI:EU:T:2015:848
Bailii
Regulation (EC) No 1049/2001

European, Environment

Updated: 06 January 2022; Ref: scu.554849

Commission v D’Agostino: ECFI 24 Nov 2015

Judgment – Appeal – Appeal incident – Public service – Contract staff – Decision not to renew – Duty of care – Infringement of Article 12 bis, paragraph 2, of the Statute – Obligation to state reasons – Distortion of the file

T-670/13, [2015] EUECJ T-670/13, ECLI:EU:T:2015:877
Bailii

European

Updated: 06 January 2022; Ref: scu.554850

Einhell Germany And Others v Commission: ECFI 18 Nov 2015

ECJ Judgment – Dumping – Imports of certain compressors originating in China – Partial refusal to refund the anti-dumping duties paid – Determination of the export price – Deduction of anti-dumping duties – Adjustment of the temporal effects of an annulment

T-73/12, [2015] EUECJ T-73/12, ECLI:EU:T:2015:865
Bailii

European

Updated: 06 January 2022; Ref: scu.554852

Greece v Commission: ECFI 19 Nov 2015

ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Regulation (EC) No 1782/2003 – System of single payment entitlements – National Reserve – Award criteria – Risk for the Fund – Conditionality’

ECLI:EU:T:2015:870, T-107/14, [2015] EUECJ T-107/14
Bailii
Regulation (EC) No 1782/2003

European

Updated: 06 January 2022; Ref: scu.554855

Instituto Dos Vinhos Do Douro E Do Porto v Ohmi – Bruichladdich Distillery (Port Charlotte): ECFI 18 Nov 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark PORT CHARLOTTE – Earlier designations of origin ‘porto’ and ‘port’ – Grounds for invalidity – Article 52(1)(a), Article 53(1)(c) and (2)(d) of Regulation (EC) No 207/2009 – Article 7(1)(c) and (g) and (2) of Regulation No 207/2009 – Article 8(4) of Regulation No 207/2009 – Article 118m(2) of Regulation (EC) No 491/2009

T-659/14, [2015] EUECJ T-659/14
Bailii

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554857

Diamantopoulos v EEAS (: ECJ 18 Nov 2015

ECJ Judgment – Dumping – Imports of certain compressors originating in China – Partial refusal to refund the anti-dumping duties paid – Determination of the export price – Deduction of anti-dumping duties – Adjustment of the temporal effects of an annulment

F-30/15, [2015] EUECJ F-30/15, ECLI:EU:T:2015:865
Bailii

European

Updated: 06 January 2022; Ref: scu.554851

Fenoll v Centre d’aide par le travail La Jouvene: ECJ 26 Mar 2015

ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid annual leave – National legislation contrary to EU law – Role of the national court

A Tizzano, P
[2015] EUECJ C-316/13, ECLI: EU: C: 2015: 200
Bailii
Charter of Fundamental Rights of the European Union 31, Directive 2003/88/EC 7
Citing:
Opinion – Fenoll v Centre d’aide par le travail La Jouvene ECJ 12-Jun-2014
ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – . .

Lists of cited by and citing cases may be incomplete.

European, Human Rights

Updated: 06 January 2022; Ref: scu.554762

Pujante Rivera v Fondo de Garantia Salarial: ECJ 11 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a), first subparagraph – Concept of workers ‘normally employed’ at the establishment concerned – Article 1(1), second subparagraph – Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ – Method of calculating the number of workers made redundant

C-422/14, [2015] EUECJ C-422/14, ECLI:EU:C:2015:743
Bailii
Directive 98/59/EC
European

European, Employment

Updated: 06 January 2022; Ref: scu.554659

Cedc International v OHMI – Fabryka Wodek Polmos Lancut (Wisent): ECFI 12 Nov 2015

Judgment – Community trade mark – Invalidity proceedings – Community figurative mark WISENT – Earlier national three-dimensional mark ZUBROWKA – Relative grounds for refusal – Similarity of the marks – Articles 53(1)(a) and 8(1)(b) and 8(5) of Regulation (EC) No 207/2009

T-449/13, [2015] EUECJ T-449/13, ECLI:EU:T:2015:839
Bailii

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554648

Cruz and Companhia v Instituto da Agricultura e Pescas Financiamento IP: ECJ 23 Oct 2015

Order Of The Court – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Agriculture – Common organization of the markets – Regulation (EEC) No 3665/87 – Article 4, paragraph 1, and 13 – Regulation (EEC) No 2220/85 – Article 19, paragraph 1 a) – Conditions for the release of the security provided to ensure repayment of the advance – Conditions for the grant of the refund – Quality sound, fair and marketable exported products – Taking into account, for the grant of the refund, the facts established by the competent authority following a check that occurs after the actual export and clearance of goods – Interpretation of the Judgment Cruz and Companhia (C-128 / 13 EU: C: 2014: 2432)

C-152/15, [2015] EUECJ C-152/15 – O
Bailii

European

Updated: 06 January 2022; Ref: scu.554644

CEDC International v OHMI – Fabryka Wodek Polmos Lancut (Wisent Vodka): ECFI 12 Nov 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Community figurative mark WISENT – Earlier national three-dimensional mark ZUBROWKA – Relative grounds for refusal – Similarity of the marks – Articles 53(1)(a) and 8(1)(b) and 8(5) of Regulation (EC) No 207/2009

T-450/13, [2015] EUECJ T-450/13
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554647

Hewlett-Packard Belgium SPRL v Reprobel SCRL: ECJ 12 Nov 2015

Judgment – Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Exclusive reproduction right – Exceptions and limitations – Article 5(2)(a) and (b) – Reprography exception – Private copying exception – Requirement for consistent application of exceptions – Concept of ‘fair compensation’ – Recovery of remuneration as fair compensation for multifunction printers – Proportional remunerative payment – Lump-sum remunerative payment – Accumulation of lump-sum and proportional remunerative payments – Method of calculation – Recipients of fair compensation – Authors and publishers – Sheet music

C-572/13, [2015] EUECJ C-572/13, ECLI:EU:C:2015:750
Bailii

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554653

Orthogen v OHMi – Arthrex (Irap): ECFI 12 Nov 2015

ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark IRAP – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Article 52, paragraph 1, a) of Regulation No 207/2009 ‘

T-253/13, [2015] EUECJ T-253/13, ECLI:EU:T:2015:843
Bailii
Regulation No 207/2009 52
England and Wales

European, Intellectual Property

Updated: 06 January 2022; Ref: scu.554658

Voigt v President Du Parlement And Parliament: ECJ 29 Oct 2015

Order Of The Court – Action for annulment – Article 53, paragraph 2 of the Rules of Procedure of the Court – Article 54, second paragraph, of the Statute of the Court of Justice of the European Union – Refusal to make available to the applicant, a member of European Parliament, the Parliament premises to house a delegation, including two Russian nationals, to a press conference – Prohibition against Russian nationals on the list of meeting participants to access buildings Parliament – Manifest lack of jurisdiction – Referral to the Court of the European Union

C-425/15, [2015] EUECJ C-425/15 – O, [2015] EUECJ C-425/15 – CO, ECLI:EU:C:2015:741
Bailii, Bailii

European

Updated: 06 January 2022; Ref: scu.554646

Ramadani v Ramadani: CA 12 Nov 2015

The present appeal requires this court to consider, apparently for the first time, the jurisdiction of a court in England and Wales to entertain an application for spousal maintenance in the context of Council Regulation (EC) 4/2009 (‘The Maintenance Regulation’) following previous proceedings in another EU member state.

Black, McFarlane, Sales LJJ
[2015] EWCA Civ 1138
Bailii
England and Wales

Family, European

Updated: 06 January 2022; Ref: scu.554613

Walter Endress v Allianz Lebensversicherungs-Ag: ECJ 19 Dec 2013

ECJ Request for a preliminary ruling – Directives 90/619/EEC and 92/96/EEC – Direct life assurance – Right of cancellation – Lack of information on the conditions governing the exercise of that right – Expiry of the cancellation period one year after payment of the first premium – Conformity with Directives 90/619/EEC and 92/96/EEC

[2013] EUECJ C-209/12, ECLI:EU:C:2013:864
Bailii
Directive 90/619/EEC, Directive 92/96/EEC
Citing:
Opinion – Walter Endress v Allianz Lebensversicherungs-Ag ECJ 11-Jul-2013
ECJ Opinion – Life assurance – Right of cancellation – Cancellation period – Starting point and duration – Communication of information . .

Lists of cited by and citing cases may be incomplete.

European, Consumer

Updated: 06 January 2022; Ref: scu.554527