Monitoring References to the Court of Justice of the European Union
Tag
14 case reports
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…
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…
By judgment of 21 December 2016 (ECLI:EU:C:2016:998) the Court held that during the five-year grace period after registration the proprietor of an EU trade mark may rely on Article 9(1)(b) against a similar sign for identical or similar goods without…
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…
On 7 July 2016 the Court ruled (ECLI:EU:C:2016:528) that the operator of a physical marketplace which sublets pitches to traders selling counterfeits is an "intermediary" under Article 11 of the Enforcement Directive, and injunctions against it are subject…
By judgment of 7 September 2016 (ECLI:EU:C:2016:633) the Court ruled, in the words of the operative part: “1.
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…
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…
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 16 July 2015 (ECLI:EU:C:2015:497) the Court ruled, in the words of the operative part: “Article 5 of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be…
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.