Case C-567/16, Merck Sharp – SPC Lazarus law [judgment 2017, ECLI:EU:C:2017:948]
By judgment of 7 December 2017 (ECLI:EU:C:2017:948) the Court ruled, in the words of the operative part: “1.
Tag
enforcement
37 case reports
Case C-426/16, Liga van Moskeeën – ritual killing [judgment 2018, ECLI:EU:C:2018:335]
By judgment of 29 May 2018 (ECLI:EU:C:2018:335) the Court ruled, in the words of the operative part: “Examination of the question has not disclosed any issues capable of affecting the validity of Article 4(4) of Council Regulation (EC) No 1099/2009 of 24…
Case C-293/16, Sharda Europe – Deadline missed? Schade! [judgment 2017, ECLI:EU:C:2017:430]
By judgment of 8 June 2017 (ECLI:EU:C:2017:430) the Court ruled, in the words of the operative part: “The first subparagraph of Article 3(2) of Commission Directive 2008/69/EC of 1 July 2008 amending Council Directive 91/414/EEC to include clofentezine,…
Case C-498/16, Schrems – a Facebook consumer or simply in the business of privacy? [judgment 2018, ECLI:EU:C:2018:37]
By judgment of 25 January 2018 (ECLI:EU:C:2018:37) the Court held that Mr Schrems had not lost his consumer status for his own Facebook account through his books, lectures and campaigning, so he could sue Facebook in Vienna.
Case C-397/16, Acacia – the replica wheel deal [judgment 2017, ECLI:EU:C:2017:992]
By judgment of 20 December 2017 (ECLI:EU:C:2017:992) the Court ruled, in the words of the operative part: “1.
Case C-395/16, DOCERAM – they DoCeram-ics but technical functionality dictates their design [judgment 2018, ECLI:EU:C:2018:172]
By judgment of 8 March 2018 (ECLI:EU:C:2018:172) the Court ruled, in the words of the operative part: “1.
Case C-341/16, Hanssen Beleggingen – exclusive court jurisdiction in trade mark validity proceedings [judgment 2017, ECLI:EU:C:2017:738]
By judgment of 5 October 2017 (ECLI:EU:C:2017:738) the Court ruled, in the words of the operative part: “Article 22(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and…
Case C-267/16, Buhagiar – Gibraltar, guns and the constitutional order [judgment 2018, ECLI:EU:C:2018:26]
By judgment of 23 January 2018 (ECLI:EU:C:2018:26) the Court held that the European Firearms Pass provisions of the Firearms Directive do not apply to the territory of Gibraltar, as the Directive's travel-facilitation rules concern the free movement of…
Case C-194/16, Bolagsupplysningen – objecting to Swedish internet trolls [judgment 2017, ECLI:EU:C:2017:766]
By Grand Chamber judgment of 17 October 2017 (ECLI:EU:C:2017:766) the Court held that a legal person claiming injury from online publications may sue for its entire damage where it has its centre of interests, and that claims for rectification and removal…
Case C-266/16, Western Sahara Campaign – fish from occupied waters [judgment 2018, ECLI:EU:C:2018:118]
By judgment of 27 February 2018 (ECLI:EU:C:2018:118) the Court ruled, in the words of the operative part: “Since neither the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco nor the Protocol between the European…
Case C-210/16, Wirtschaftsakademie Schleswig-Holstein – Facebook Fan Page visitor data [judgment 2018, ECLI:EU:C:2018:388]
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…
Case C-13/16, Rīgas satiksme – our police data request is necessary for our legitimate interest [judgment 2017, ECLI:EU:C:2017:336]
By judgment of 4 May 2017 (ECLI:EU:C:2017:336) the Court ruled, in the words of the operative part: “Article 7(f) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the…
Case C-78/16, Pesce – against an overly fastidious state combating xylella fastidiosa [judgment 2016, ECLI:EU:C:2016:428]
By judgment of 9 June 2016 in the joined Pesce cases (ECLI:EU:C:2016:428) the Court upheld the Commission's Xylella fastidiosa decision: the obligation to remove host plants, including asymptomatic ones, within 100 metres of infected plants is a…
Case C-163/16, Louboutin – shoe soles, signs solely comprising a shape, and judicial cobblers [judgment 2018, ECLI:EU:C:2018:423]
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…
Case C-169/15, Montis Design – EU copyright and Benelux design formalities, a game of musical chairs? [judgment 2016, ECLI:EU:C:2016:790]
By judgment of 20 October 2016 (ECLI:EU:C:2016:790) the Court held that the terms of protection in the Term Directive do not apply to copyright that had been extinguished before 1 July 1995, and that EU law does not preclude national legislation under…
Case C-379/15, Association France Nature Environnement – incompatible national law cannot be temporarily maintained [judgment 2016, ECLI:EU:C:2016:603]
By judgment of 28 July 2016 (ECLI:EU:C:2016:603) the Court ruled, in the words of the operative part: “1.
Case C-663/15, Umweltverband WWF – pander to panda access to environmental justice
Can the Austrian branch of the World Wildlife Fund invoke the Aarhus Convention and the EU’s water framework Directive to make legal objections to a local authority which is deciding whether to grant a water licence to a company wanting to build a hydroelectric power station? And what is to be done…
Case C-612/15, W and heirs – seeking to prove a defective vaccine [judgment 2018, ECLI:EU:C:2018:392]
By judgment of 5 June 2018 (ECLI:EU:C:2018:392) the Court ruled, in the words of the operative part: “1.
Case C-618/15, Concurrence – a French court’s jurisdiction to hear a dispute involving Luxembourg’s Amazon [judgment 2016, ECLI:EU:C:2016:976]
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…
Case C-654/15, Länsförsäkringar – no genuine use of a Community trade mark [judgment 2016, ECLI:EU:C:2016:998]
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…
Case C-24/16, Nintendo – jurisdiction by design [judgment 2017, ECLI:EU:C:2017:724]
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.
Case C-566/15, Erzberger – the extra-territorial application of German worker representation law [judgment 2017, ECLI:EU:C:2017:562]
By judgment of 18 July 2017 (ECLI:EU:C:2017:562) the Court ruled, in the words of the operative part: “Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the…
Case C-617/15, Hummel Holding – international jurisdiction and Community trade mark law [judgment 2017, ECLI:EU:C:2017:390]
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…
Case C-610/15, Stichting Brein – seeking website blocks to stop peer to peer technology [judgment 2017, ECLI:EU:C:2017:456]
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:456) that the operators of The Pirate Bay themselves make a communication to the public by indexing and managing torrents of protected works, despite the content sitting on users' machines.
Case C-494/15, Tommy Hilfiger – imposing online market rules onto market lessors [judgment 2016, ECLI:EU:C:2016:528]
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…
Case C-240/15, ISTAT – independence, regulatory capture and economic crisis [judgment 2016, ECLI:EU:C:2016:608]
By judgment of 28 July 2016 (ECLI:EU:C:2016:608) the Court ruled, in the words of the operative part: “Article 3 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic…
Case C-367/15, Stowarzyszenie “Oławska Telewizja Kablowa – punitive damages and copyright infringers [judgment 2017, ECLI:EU:C:2017:36]
By judgment of 25 January 2017 (ECLI:EU:C:2017:36) the Court held that Article 13 of the Enforcement Directive does not preclude national legislation allowing a copyright holder to claim, without proving actual loss, a lump sum of twice the hypothetical…
Case C-191/15, Verein für Konsumenteninformation – Amazon’s unfair online forum shopping [judgment 2016, ECLI:EU:C:2016:612]
On 28 July 2016 the Court ruled (ECLI:EU:C:2016:612) that in a collective injunction action the law applicable to assessing contract terms is determined by the Rome I Regulation even though the action itself falls under Rome II.
Case C-192/15, Rease – secretly spied on, medical data leaked, and left unprotected by the Dutch regulator
Can the Dutch Data Protection Agency exert any control over companies based in the UK and the USA which conduct covert surveillance on Dutch territory? And in the event of an individual’s data processing law rights under Dutch law being … Continue reading → Continue reading →
Case C-99/15, Liffers – wanting money for moral prejudice too [judgment 2016, ECLI:EU:C:2016:173]
On 17 March 2016 the Court ruled (ECLI:EU:C:2016:173) that a rightholder claiming damages on the hypothetical-royalty basis of Article 13(1)(b) of the Enforcement Directive may additionally claim compensation for moral prejudice — the licence-fee measure…
Case C-57/15, United Video Properties – denying reasonable and proportionate legal costs [judgment 2016, ECLI:EU:C:2016:611]
On 28 July 2016 the Court ruled (ECLI:EU:C:2016:611) that Article 14 of the Enforcement Directive precludes flat-rate schemes which cap recoverable lawyers' fees so low that the winning party is not assured recovery of at least a significant and…
Case C-72/15, Rosneft – challenging the EU’s sectoral sanctions against Russia [judgment 2017, ECLI:EU:C:2017:236]
By Grand Chamber judgment of 28 March 2017 (ECLI:EU:C:2017:236) the Court confirmed its jurisdiction to review the validity of CFSP restrictive measures by preliminary ruling — a constitutional first — and found nothing affecting the validity of the…
Case C-582/14, Breyer – seeing the logs from the trees in privacy law [judgment 2016, ECLI:EU:C:2016:779]
By judgment of 19 October 2016 (ECLI:EU:C:2016:779) the Court held that a dynamic IP address registered by a website operator is personal data where the operator has legal means to have the visitor identified via the access provider.
Case C-613/14, James Elliott Construction – EU standards and contract construction [judgment 2016, ECLI:EU:C:2016:821]
By judgment of 27 October 2016 (ECLI:EU:C:2016:821) the Court held that it has jurisdiction to interpret harmonised technical standards adopted under the Construction Products Directive — EN 13242 forms part of EU law for preliminary-ruling purposes —…
Case C-481/14, Jørn Hansson – Daisy! Daisy! Give me eight answers do! [judgment 2016, ECLI:EU:C:2016:419]
By judgment of 9 June 2016 (ECLI:EU:C:2016:419) the Court held that "reasonable compensation" for infringing a Community plant variety right covers the fee that would have been due for licensed production plus damage actually suffered, but includes no…
Case C-230/14, Weltimmo – regulatory competence over websites [judgment 2015, ECLI:EU:C:2015:639]
By judgment of 1 October 2015 (ECLI:EU:C:2015:639) the Court gave "establishment" a broad, flexible reading: even minimal real and effective activity through stable arrangements — a Hungarian-language property site, a local representative, a Hungarian bank…
Case C-681/13, Diageo Brands – spiriting away bad judgments with public policy [judgment 2015, ECLI:EU:C:2015:471]
By judgment of 16 July 2015 (ECLI:EU:C:2015:471) the Court held that an alleged misapplication of EU trade-mark law by a court of the Member State of origin does not engage the public-policy refusal ground of Article 34(1) of Brussels I: recognition may be…