Case C-557/16, Astellas Pharma – measuring the data exclusivity period on a marketing authorisation [judgment 2018, ECLI:EU:C:2018:181]
By judgment of 14 March 2018 (ECLI:EU:C:2018:181) the Court ruled, in the words of the operative part: “1.
Tag
validity
23 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-425/16, Raimund – mulling over infringement before invalidity in trade mark procedural law [judgment 2017, ECLI:EU:C:2017:776]
By judgment of 19 October 2017 (ECLI:EU:C:2017:776) 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-470/16, North East Pylon Pressure Campaign – piling on the environmental information pressure [judgment 2018, ECLI:EU:C:2018:185]
By judgment of 15 March 2018 (ECLI:EU:C:2018:185) 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-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-107/16, Fidenato – growing genetically modified maize [order 2017, ECLI:EU:C:2017:900]
By judgment of 13 September 2017 (ECLI:EU:C:2017:676) the Court held that Member States may not adopt emergency measures against authorised GMOs such as MON 810 maize unless it is evident that the products are likely to constitute a serious risk to health…
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-698/15, Davis – did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law? [judgment 2016, ECLI:EU:C:2016:970]
Joined with Tele2 Sverige and decided by Grand Chamber judgment of 21 December 2016 (ECLI:EU:C:2016:970): yes, Digital Rights Ireland's standards bind national regimes — Article 15(1) of the e-Privacy Directive, read with the Charter, precludes general and…
Case C-530/15, Melitta France – card core, hardcore packaging law
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 →
Case C-134/15, Lidl – shelving EU pricing law [judgment 2016, ECLI:EU:C:2016:498]
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…
Case C-148/15, Deutsche Parkinson Vereinigung – bonuses for buying Dutch mail order medicines [judgment 2016, ECLI:EU:C:2016:776]
By judgment of 19 October 2016 (ECLI:EU:C:2016:776) the Court held that Germany's system of fixed prices for prescription-only medicines, as applied to mail-order pharmacies established in other Member States, is a measure having equivalent effect contrary…
Case C-203/15, Tele2 Sverige – Swedish data retention despite Digital Rights Ireland [judgment 2016, ECLI:EU:C:2016:970]
On 21 December 2016 the Grand Chamber ruled in the joined Tele2/Watson cases (ECLI:EU:C:2016:970) that Article 15(1) of the e-Privacy Directive, read with the Charter, precludes national legislation imposing general and indiscriminate retention of traffic…
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-547/14, Philip Morris Brands – the Second Tobacco Products Directive is invalid [judgment 2016, ECLI:EU:C:2016:325]
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…
Case C-362/14, Schrems – does a ‘safe harbour’ shelter states that deprive EU citizens of their EU Charter rights? [judgment 2015, ECLI:EU:C:2015:650]
On 6 October 2015 the Grand Chamber declared the Safe Harbour adequacy decision invalid (ECLI:EU:C:2015:650): a regime permitting generalised access by US authorities to transferred data compromised the essence of Article 7 of the Charter, and the absence…
Case C-362/14, Schrems – does a ‘safe harbour’ shelter states that deprive EU citizens of their EU Charter rights? [judgment 2015, ECLI:EU:C:2015:650]
On 6 October 2015 the Grand Chamber declared the Safe Harbour adequacy decision invalid (ECLI:EU:C:2015:650): a regime permitting generalised access by US authorities to transferred data compromised the essence of Article 7 of the Charter, and the absence…
Case C-291/12, Michael Schwarz – No fingerprints? No passport. An invalid EC Regulation? [judgment 2013, ECLI:EU:C:2013:670]
On 17 October 2013 the Court upheld the validity of Regulation 2252/2004 (ECLI:EU:C:2013:670): taking and storing fingerprints in passports interferes with Articles 7 and 8 of the Charter, but the interference is justified by the aim of preventing…
Case C-293/12, Digital Rights Ireland – telecoms, privacy and freedom of expression [judgment 2014, ECLI:EU:C:2014:238]
On 8 April 2014 the Grand Chamber declared the Data Retention Directive 2006/24 invalid in its entirety (ECLI:EU:C:2014:238): blanket retention of everyone's traffic and location data, without differentiation, limits or objective access criteria, exceeded…