Monitoring References to the Court of Justice of the European Union
Tag
30 case reports
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:458) that designations such as "milk", "butter", "cheese" and "cream" are reserved by Regulation 1308/2013 for products of animal origin, and purely plant-based products cannot use them even with clarifying…
By judgment of 12 October 2017 (ECLI:EU:C:2017:758) the Court ruled, in the words of the operative part: “Article 28(2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation…
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 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…
Inside a roll of toilet paper is a cardboard core. Does this internal element form part of the toilet paper’s packaging? It is a question which has stymied the French courts. The answer depends on the word ‘packaging’ which is … Continue reading →
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 13 October 2016 (ECLI:EU:C:2016:770) the Court ruled, in the words of the operative part: “Article 9 of Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices must be…
By judgment of 10 November 2016 (ECLI:EU:C:2016:857) the Court ruled, in the words of the operative part: “Article 7(2) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States…
By judgment of 27 October 2016 (ECLI:EU:C:2016:813) the Court held that Articles 34 and 36 TFEU preclude national rules reserving parallel imports of veterinary medicinal products to authorised wholesalers, thereby excluding farmers who import for their…
By judgment of 30 June 2016 (ECLI:EU:C:2016:498) the Court found nothing affecting the validity of the poultrymeat labelling requirement: obliging retailers to show the total price and price per unit of weight on prepacked fresh poultry is a proportionate…
By judgment of 22 September 2016 (ECLI:EU:C:2016:718) the Court ruled, in the words of the operative part: “Article 1(3)(b) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the…
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 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…
By judgment of 9 November 2016 (ECLI:EU:C:2016:839) the Court ruled, in the words of the operative part: “Article 1(2)(c) of Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food…
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.
By judgment of 16 September 2015 (ECLI:EU:C:2015:604) the Court held that to register a shape on acquired distinctiveness the applicant must prove that the relevant public identifies origin by that mark alone — not by it in combination with other marks on…
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 10 July 2014 (ECLI:EU:C:2014:2070) the Court held that the representation of a retail store's layout, by a design alone without size indications, may be registered as a trade mark for services consisting of offerings related to the goods…
By judgment of 10 July 2014 (ECLI:EU:C:2014:2060) the Court ruled, in the words of the operative part: “Article 1(2)(b) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal…
By judgment of 6 February 2014 (ECLI:EU:C:2014:55) the Court held that customs may seize a counterfeit watch bought by an EU resident from a non-EU online shop: the sale itself constitutes "distribution to the public" and "use in the course of trade", with…
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 10 April 2014 (ECLI:EU:C:2014:252) the Court ruled, in the words of the operative part: “Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended…
On 9 April 2014 the Court ruled (ECLI:EU:C:2014:244) that Regulation 1383/2003 does not preclude customs authorities themselves, absent any initiative by the rightholder, from initiating and conducting the proceedings to determine whether detained goods…
By judgment of 18 July 2013 (ECLI:EU:C:2013:501) the Court ruled, in the words of the operative part: “1.