Caselex cases

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CASELEX:EU:2003:188 - European Court of Justice, European Union Freedom Of Movement Law, Taxation Law by Caselex — last modified 02 May 2010, 16:09 CET

European Court of Justice, European Union Freedom Of Movement Law, Taxation Law

CASELEX:EU:2003:187 - European Court of Justice, European Union Consumer Protection Law, ICT And Media Law by Caselex — last modified 02 May 2010, 16:08 CET

European Court of Justice, European Union Consumer Protection Law, ICT And Media Law

CASELEX:EU:2007:168 - European Court of Justice, European Union Freedom Of Movement Law by Caselex — last modified 02 May 2010, 16:07 CET

European Court of Justice, European Union Freedom Of Movement Law

Incentive driven pharmaceutical prescription is lawful, EU Court rules by Leopold Gasteen — last modified 06 May 2010, 12:44 CET

The European Court of Justice has ruled that public authorities may offer financial incentives to induce doctors to prescribe cheaper medicinal products. However, those authorities are required, first, to ensure that the incentive scheme is based on non-discriminatory objective criteria and, second, to make public, inter alia, the therapeutic evaluations relating to the scheme

CASELEX:EU:2006:159 - European Court of Justice, European Union Competition Law, Taxation Law by Caselex — last modified 22 April 2010, 16:52 CET

European Court of Justice, European Union Competition Law, Taxation Law

CASELEX:EU:2006:158 - European Court of Justice, European Union Intellectual Property Law by Caselex — last modified 22 April 2010, 16:49 CET

European Court of Justice, European Union Intellectual Property Law

CASELEX:EU:2007:167 - European Court of Justice, European Union Private International Law by Caselex — last modified 22 April 2010, 16:46 CET

European Court of Justice, European Union Private International Law

CASELEX:EU:2008:122 - European Court of Justice, European Union European Administrative Law, Environmental Law, Transport Law by Caselex — last modified 22 April 2010, 16:45 CET

European Court of Justice, European Union European Administrative Law, Environmental Law, Transport Law

CASELEX:EU:2008:123 - European Court of Justice, European Union Employment Law, Private International Law, Freedom Of Movement Law by Caselex — last modified 22 April 2010, 16:43 CET

European Court of Justice, European Union Employment Law, Private International Law, Freedom Of Movement Law

CASELEX:EU:2010:13 - Public Procurement Law - Procedures for review of the award of public contracts by Caselex — last modified 15 March 2010, 22:47 CET

This reference for a preliminary ruling has been made by the High Court of Justice (England and Wales) in the context of a dispute between the applicant, Uniplex (UK) Ltd (‘Uniplex’), and the defendant, NHS Business Services Authority (‘NHS’), concerning the conclusion of a framework agreement.

CASELEX:EU:2010:14 - Employment Law - Protection of employees’ representatives by Caselex — last modified 15 March 2010, 22:47 CET

This reference for a preliminary ruling has been made by the Vestre Landsret (Western Regional Court) (Denmark) in the context of a dispute between the applicant, the Danish Association of Engineers (Ingeniørforeningen i Danmark) (‘IDA’), acting on behalf of Mr Bertram Holst, a former employee of the company Babcock & Wilcox Vølund ApS (‘BWV’), and the defendant, the Confederation of Danish Employers (Dansk Arbejdsgiverforening) (‘DA’), acting on behalf of BWV, concerning the dismissal of Mr Holst by BWV.

CASELEX:EU:2000:5 - IP Law - protection of industrial and commercial property by Caselex — last modified 15 March 2010, 22:48 CET

A Member State failed to fulfil its obligations under Articles 30 of the EC Treaty (now, after amendment, Article 28 EC) when it detained presumably counterfeit goods under customs control on the pretext of protecting the registered design right and copyright of the goods. However, because intra-Community transit did not involve the use of the appearance of the goods’ protected design, the transit did not form part of the specific subject-matter of the protected rights of the goods.

CASELEX:EU:2008:101 - IP Law - Protection of the confidentiality of electronic communications by Caselex — last modified 15 March 2010, 17:55 CET

This reference for a preliminary ruling concerns the interpretation of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10), Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, and corrigendum, OJ 2004 L 195, p. 16), and Articles 17(2) and 47 of the Charter of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000 (OJ 2000 C 364, p. 1, ‘the Charter’).

CASELEX:EU:2009:120 - IP Law - Exhaustion of trade mark proprietor’s rights by Caselex — last modified 15 March 2010, 18:23 CET

This reference for a preliminary ruling was made by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) (Netherlands) in proceedings between the applicants, Makro Zelfbedieningsgroothandel CV (‘Makro’), Metro Cash & Carry BV and Remo Zaandam BV, on the one hand, and the defendant, Diesel SpA (‘Diesel’), on the other hand, with regard to the marketing by Makro of shoes bearing a trade mark owned by Diesel, without Diesel’s express consent.

CASELEX:EU:2008:92 - IP Law - Trade marks - Pharmaceutical products by Caselex — last modified 03 February 2010, 16:38 CET

The reference was made by the Oberster Gerichtshof (Austria) in the course of proceedings between The Wellcome Foundation Ltd (‘Wellcome’), proprietor of the Austrian trade mark ZOVIRAX, and Paranova Pharmazeutika Handels GmbH (‘Paranova’), concerning pharmaceutical products under the ZOVIRAX trade mark, marketed in Member States of the European Economic Area (‘EEA’) by Wellcome or by third parties, and the subject of parallel importation by Paranova and marketing by the latter in Austria, after having been repackaged.

CASELEX:EU:2006:16 - IP Law -Works communicated by means of television sets installed in hotel rooms by Caselex — last modified 03 February 2010, 16:38 CET

This reference was made by the Audiencia Provincial de Barcelona (Spain) in the context of proceedings between the applicant, the Sociedad General de Autores y Editores de España (SGAE) and the defendant, Rafael Hoteles SA (‘Rafael’), concerning the alleged infringement, by the latter, of intellectual property rights managed by SGAE.

CASELEX:EU:2007:81 Article 234 EC- Jurisdiction of the Court - Agreement establishing the World Trade Organisation by Caselex — last modified 03 February 2010, 16:38 CET

The question referred by the Supremo Tribunal de Justiça (Portugal) in proceedings between the applicant, Merck Genéricos – Produtos Farmacêuticos Ldª (‘Merck Genéricos’) and Merck & Co. Inc. (M & Co.) and the defendant, Merck Sharp & Dohme Ldª (‘MSL’) concerning the alleged violation by Merck Genéricos of a patent held by M & Co. in Portugal.

CASELEX:EU:2009:109 - IP Law - The concept ‘provision of services’ - Contract assigning intellectual property rights. by Caselex — last modified 03 February 2010, 16:38 CET

This reference for a preliminary ruling was made by the Oberster Gerichtshof (Supreme Court) (Austria) in proceedings between the applicants, Falco Privatstiftung, a foundation established in Vienna (Austria), and Mr Thomas Rabitsch, residing in Vienna (Austria), on the one hand and the defendant, Ms Gisela Weller-Lindhorst, domiciled in Munich (Germany), on the other hand, concerning, first, the performance of a contract pursuant to which the applicants in the main proceedings have licensed the defendant in the main proceedings to market, in Austria, Germany and Switzerland, video recordings of a concert and, second, the marketing, without any contractual basis, of audio recordings of the same concert.

CASELEX:EU:2009:92 - IP Law - counterfeit goods and piracy by Caselex — last modified 03 February 2010, 16:38 CET

On 10 May 2007, on the basis of Article 5(4) of Regulation No 1383/2003, Davidoff lodged an application with the Oberfinanzdirektion Nürnberg (Nuremberg Principal Revenue Office), now the Bundesfinanzdirektion Südost, for border seizure of goods suspected of infringing 12 internationally registered trade marks, of which it is holder.

Consumer protection law - contracts negotiated away from business premises - CASELEX:EU:2009:160 by Caselex — last modified 03 February 2010, 16:38 CET

Directive 85/577/EEC – Article 4 – Consumer protection – Contracts negotiated away from business premises – Right of cancellation – Obligation on the trader to give notice of that right – Contract void – Appropriate measures.

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CASELEX:EU:2010:30 - competition law - unlawful aid and misuse of aid — 06 April 2010, 22:11 CET

This reference for a preliminary ruling has been made by the Conseil d'État (Council of State) (France) in the course of proceedings between the applicants, the Centre d’exportation du livre français (French Book Export Centre; ‘CELF’) and the Ministre de la Culture et de la Communication (Minister for Culture and Communication), on the one hand, and the defendant, the Société internationale de diffusion et d’édition (International Distribution and Publishing Company; ‘SIDE’), on the other, concerning aid paid to CELF by the French State.

Employment Law — 28 February 2010, 14:58 CET