ECJ (Judgment) Articles 28 EC and 30 EC – Directives 92/28/EEC and 2000/31/EC – National legislation restricting internet sales of medicinal products for human use by pharmacies established in another Member State – Doctor’s prescription required for supply – Prohibition on advertising the sale of medicinal products by mail order. Citations:  EUECJ C-322/01 Links: … Continue reading Deutscher Apothekerverband eV v 0800 DocMorris NV and Jacques Waterval: ECJ 11 Dec 2003
ECJ Trade marks Internet Search engine Keyword advertising Display, on the basis of keywords corresponding to trade marks, of links to sites of competitors of the proprietors of those marks or to sites offering imitation goods Directive 89/104/EEC Article 5 Regulation (EC) No 40/94 Article 9 Liability of the search engine operator Directive 2000/31/EC (‘Directive … Continue reading Google France and Google (Intellectual Property): ECJ 23 Mar 2010
ECJ Trade marks Internet Search engine – Keyword advertising – Display, on the basis of keywords corresponding to trade marks, of links to sites of competitors of the proprietors of those marks or to sites . .
The respondent ISP companies had been injuncted to stop the transmission of websites which infringed the trade mark rights of the claimants. The ISPs now appealed from the element of the order that they pay the claimants’ costs of implementing the . .
ECJ (Opinion) Area of Freedom, Security And Justice – Jurisdiction in Civil and Commercial Matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by means of publishing information on Internet – Article 5, Section 3 – Definition of ‘place where the harmful … Continue reading Edate Advertising (Area Of Freedom, Security And Justice): ECJ 29 Mar 2011
Grand Chamber – Area Of Freedom, Security And Justice) – Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where … Continue reading Edate Advertising v X, Martinez v MGN Ltd: ECJ 25 Oct 2011
Freedom of Establishment – Freedom To Provide Services Internal Market – Principles Approximation of Laws Consumer protection – Reference for a preliminary ruling – Article 56 TFEU – Article 58(1) TFEU – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 2000/31/EC – Directive 98/34/EC – Information … Continue reading Asociacion Profesional Elite Taxi v Uber Systems Spain: ECJ 20 Dec 2017
ECJ Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Jurisdiction ‘in tort or quasi-delict’ – Violation of personal rights that may have been committed by the publication of information on the Internet – Article 5, Section 3 – Definition of ‘place where the harmful event occurred or may occur’ – Applicability … Continue reading Edate Advertising v X: ECJ 29 Mar 2011
ECJ (Judgment) Reference for a preliminary ruling – Information society – Free movement of services – Commercial wireless local area network (WLAN) – Made available to the general public free of charge – Liability of intermediary service providers – Mere conduit – Directive 2000/31/EC – Article 12 – Limitation of liability – Unknown user of … Continue reading McFadden C-484/14: ECJ 15 Sep 2016
The defendant appealed against the refusal of the Master to strike out the claim in defamation in respect of a post by a third party on his unmoderated blog. The claimant said that the article accused her of an historic association with a terrorist group. As soon as the complaint was made known to him, … Continue reading Kaschke v Gray and Another: QBD 29 Mar 2010
ECJ Judgment – Reference for a preliminary ruling – Directive 2000/31/EC – Scope – Defamation proceedings J.L. da Cruz Vilaca, P C-291/13,  EUECJ C-291/13, ECLI:EU:C:2014:2209 Bailii Directive 2000/31/EC European, Defamation Updated: 21 December 2021; Ref: scu.536563
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 12 Jul 2011
The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated … Continue reading Mosley v Google Inc and Another: QBD 15 Jan 2015
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
ECJ Opinion – Information Society – Intellectual property rights – Directive 2004/48/EC – Copyright and related rights – Directive 2001/29/EC – Illegal downloading on the Internet – Peer to peer through software . .
ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive . .
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 . .