Monitoring References to the Court of Justice of the European Union
Tag
29 case reports
By judgment of 20 December 2017 (ECLI:EU:C:2017:991) the Court held that selling "Champagner Sorbet" does not unlawfully exploit the PDO's reputation if the product has, as an essential characteristic, a taste attributable primarily to champagne; absent…
On 6 December 2017 the Court ruled (ECLI:EU:C:2017:941) that a selective distribution system for luxury goods designed to preserve their prestige image is compatible with Article 101(1) TFEU, and that a clause prohibiting authorised retailers from selling…
By judgment of 30 March 2017 (ECLI:EU:C:2017:243) the Court held that a printed advertisement for products sold through an online platform may, within the limits imposed by the medium, refer consumers to the website for part of the mandatory information —…
On 5 June 2018 the Grand Chamber ruled (ECLI:EU:C:2018:388) that the administrator of a Facebook fan page is a joint controller, together with Facebook, of the processing of visitors' data through the Insights statistics — and that the German supervisory…
On 12 June 2018 the Court ruled (ECLI:EU:C:2018:423) that a mark consisting of a colour applied to the sole of a shoe is not a sign consisting "exclusively of the shape" within Article 3(1)(e)(iii) of the Trade Marks Directive — the red sole is principally…
By judgment of 21 December 2016 (ECLI:EU:C:2016:976) the Court held that in an action for breach of an online-resale prohibition in a selective distribution network, the "place where the damage occurred" under Article 5(3) of Brussels I is the Member State…
On 27 September 2017 the Court ruled (ECLI:EU:C:2017:724) that where co-defendants in different Member States are sued over the same supply chain, a Community-design court can grant remedies with EU-wide effect against both.
By judgment of 18 May 2017 (ECLI:EU:C:2017:390) the Court held that a legally distinct second-tier subsidiary with a seat in a Member State is an "establishment" of its non-EU parent for Article 97(1) of the Community Trade Mark Regulation where it is a…
By judgment of 22 June 2016 (ECLI:EU:C:2016:468) the Court ruled, in the words of the operative part: “1.
By judgment of 15 March 2017 (ECLI:EU:C:2017:214) the Court ruled, in the words of the operative part: “1.
A company has made a dairy product for patients with early onset Alzheimer’s Disease. The company believes that this makes it a ‘food for a special medical purpose’ within the EU Commission’s Directive 1999/21/EC. However, in the United Kingdom, the Secretary of State for Health believes that that…
By judgment of 26 October 2016 (ECLI:EU:C:2016:801) the Court held that a product whose essential manufacturing steps are carried out in a pharmacy as part of its normal business, producing up to 100 dispensing-ready packages a day, is not prepared…
By judgment of 21 January 2016 (ECLI:EU:C:2016:35) the Court held that "evocation" of a protected geographical indication is assessed by reference to the average European consumer, not only the national public — and that the Finnish story of the Verla…
By judgment of 14 July 2016 (ECLI:EU:C:2016:563) the Court ruled, in the words of the operative part: “Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on…
By judgment of 7 July 2016 (ECLI:EU:C:2016:527) the Court ruled, in the words of the operative part: “Article 3 of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of…
By judgment of 21 September 2016 (ECLI:EU:C:2016:703) the Court ruled, in the words of the operative part: “Article 18(1)(b) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products must be…
On 4 May 2016 the Court upheld the Second Tobacco Products Directive in full (ECLI:EU:C:2016:325): the menthol ban, the labelling and standardisation rules, the leeway for further national packaging measures and the specific e-cigarette regime of Article…
On 15 September 2016 the Court ruled (ECLI:EU:C:2016:689) that a shopkeeper offering free open Wi-Fi provides a "mere conduit" service and cannot be held liable in damages for users' infringements.
By judgment of 17 February 2016 (ECLI:EU:C:2016:89) the Court held that a split screen separating closing credits from the following advertising break need not additionally carry an acoustic or optical signal, provided the separation itself meets Article…
By judgment of 24 June 2015 (ECLI:EU:C:2015:414) the Court ruled, in the words of the operative part: “The notion of ‘natural mineral water from one and the same spring’ contained in Article 8(2) of Directive 2009/54/EC of the European Parliament and of…
By judgment of 17 December 2015 (ECLI:EU:C:2015:823) the Court ruled, in the words of the operative part: “1.
By judgment of 25 June 2015 (ECLI:EU:C:2015:420) the Court held that where an EU trade mark and a contested sign contain a dominant Arabic word in both Latin and Arabic script, and the relevant public has a basic knowledge of written Arabic, the meaning…
By judgment of 4 June 2015 (ECLI:EU:C:2015:361) the Court held that food labelling may not mislead the consumer by suggesting through images the presence of an ingredient the product does not contain — and a correct ingredients list on the side does not…
By judgment of 15 January 2015 (ECLI:EU:C:2015:10) the Court held that the Database Directive does not apply to a database protected neither by copyright nor by the sui generis right, so its user-freedom guarantees (Articles 6, 8 and 15) do not override…
By judgment of 13 May 2015 (ECLI:EU:C:2015:315) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and…
By judgment of 19 June 2014 (ECLI:EU:C:2014:2012) the Court ruled, in the words of the operative part: “1.
By judgment of 18 July 2013 (ECLI:EU:C:2013:496) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down…
On 13 May 2014 the Grand Chamber delivered one of the most consequential judgments in EU law (ECLI:EU:C:2014:317): a search engine is a controller processing personal data when it indexes the web, the Directive reached Google through its Spanish…
On 11 July 2013 the Court ruled (ECLI:EU:C:2013:516) that "advertising" in the Misleading and Comparative Advertising Directive covers the use of a competitor-referencing domain name and of metatags invisible to the eye but read by search engines — while…