Archive | Source: Court of Justice of the EU

Press Release: Court of Justice of the European Union on EU Trade Mark Law

– Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV

According to Advocate General Szpunar, a trade mark combining colour and shape may be refused or declared invalid on the grounds set out under EU trade mark law. The analysis must relate exclusively to the intrinsic value of the shape and take no account of attractiveness of the goods flowing from the reputation of the mark or its proprietor.

Judgment of the Court: Gasorba and Others (Case C-547/16 )

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Press release: The General Court of the EU upholds the Commission’s decision ordering France to recover €1.37 billion in the context of State aid granted to EDF

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Press Release: The written answers submitted at a professional examination and any comments of the examiner with respect to those answers constitute a candidate’s personal data to which he has, in principle, a right of access

To give a candidate that right serves the objective of the EU legislation to guarantee the protection of the right of individuals to respect for private life with regard to the processing of personal data relating to them

Press Release: The Court annuls the Commission’s decision ordering the recovery of State aid granted by Spain to operators of the terrestrial television platform

The digitisation of broadcasting in the EU has been encouraged by the Commission since 2002 because it has significant advantages over analogue broadcasting. This digitisation can be carried out technically via terrestrial, satellite or cable platforms or through broadband Internet access.

Press Release: The Spanish company Schweppes may not oppose the import of bottles of tonic water bearing the trade mark ‘Schweppes’ and originating in the UK if it has itself given the impression that that trade mark is a single global trade mark

The same applies if that company has economic links with the third party which now holds the rights to that trade mark in the UK.

Press Release: Member States cannot require natural gas suppliers to hold exclusively on national territory sufficient natural gas stocks to fulfil the obligations laid down by the EU regulation on security of gas supply

The companies Eni, Eni Gas & Power France and UPRIGAZ applied to the French Conseil d’État (Council of State) for annulment of a French decree which, according to them, infringes the EU regulation on security of gas supply.

Press Release: Damage caused by vehicles which are also intended to be used as machines for carrying out work must be covered by compulsory motor-vehicle insurance against civil liability only when such vehicles are being used principally as a means of transport

The fact that the vehicle is stationary or that its engine may not be running at the time of the accident does not, in itself, rule out the possibility that the function of the vehicle at that time is use as a means of transport.

Press Release: Poland must immediately cease its active forest management operations in the Białowieża Forest, except in exceptional cases where they are strictly necessary to ensure public safety

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Press Release: According to Advocate General Bobek, Maximilian Schrems may be able to rely on his consumer status in order to sue Facebook Ireland before the Austrian Courts with respect to the private use of his own Facebook account

However, Mr Schrems cannot rely on his consumer status with respect to claims assigned to him by other consumers.

Judgment of the Court: Elecdey Carcelén SA, Energías Eólicas de Cuenca SA, Iberenova Promociones SAU and Iberdrola Renovables Castilla La Mancha SA v Comunidad Autónoma de Castilla-La Mancha

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Press Release: The Court annuls the Commission regulation fixing at zero the amount of export refunds in the poultry meat sector in July 2013

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Press Release: According to Advocate General Wathelet, the arbitration clause in the investment protection agreement concluded between the Netherlands and Slovakia is compatible with EU law

That clause does not constitute discrimination on grounds of nationality, is compatible with the preliminary ruling mechanism and does not undermine either the allocation of powers fixed by the Treaties or the autonomy of the EU legal system

Press Release: In disputes relating to their employment contracts, air crew members have the option of bringing proceedings before the courts of the place where they perform the essential part of their duties vis-à-vis their employer

The national court must determine that place in the light of all the relevant circumstances, an employee’s ‘home base’ being a significant indicator to that effect.

Press Release: Member States may not adopt emergency measures regarding genetically modified food and feed unless it is evident that there is a serious risk to health or the environment

“The Court finds that, where it is not evident that genetically modified products are likely to constitute a serious risk to human health, animal health or the environment, neither he Commission nor the Member States have the option of adopting emergency measures such as the prohibition on the cultivation of maize MON 810.”

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