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Directive 89/104/EEC – Trade-mark law – Exhaustion of trade mark proprietor’s rights – Placing of goods on the market in the European Economic Area by a third party – Implied consent – Conditions.
Article 7(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, as amended by the Agreement on the European Economic Area of 2 May 1992, must be interpreted as meaning that the consent of the proprietor of a trade mark to the marketing of goods bearing that mark carried out directly in the European Economic Area by a third party who has no economic link to that proprietor may be implied, in so far as such consent is to be inferred from facts and circumstances prior to, simultaneous with or subsequent to the placing of the goods on the market in that area which, in the view of the national court, unequivocally demonstrate that the proprietor has renounced his exclusive rights.

EU Court rejects numerical trademark
The Court of First Instance (CFI) has dismissed the appeal of a Polish company who sought registration for a complex sign consisting of colorful ribbons and the numerical elements ‘100’ and ‘300’, on the grounds that the sign was of a descriptive and misleading nature.

Conditions set for direct admission to legal traineeship in a Member State
Access to a legal traineeship in a Member State may be made conditional on a broad and in-depth knowledge of national law, the European Court of justice has ruled.

EU Court declares EDF compatible with common market
The General Court has annulled the Commission’s decision declaring certain fiscal measures implemented by France for EDF (Eléctricité de France) to be incompatible with the common market. on grounds that the Commission did not conduct a private investor test to back its findings.

Italian dividend tax incompatible with EU rules: Court
A new reformed tax regime for Italian-sourced dividends is incompatible with EC legislation on free movement of capital and freedom of establishment, according to a ruling by the European Court of Justice on 1 December 2009.

New circumstances bypass 10 year substitution period for incorrect proceedings
During proceedings instituted incorrectly against the supplier of a defective product, the producer can be substituted for him only within a period of 10 years from the putting into circulation of the product, according to a Council directive. However, it has been ruled by the European Court that a substitution is possible after the expiry of this period if the supplier is wholly-owned by the producer.

EU court orders France Télécom to pay overdue taxes of 1140 million EUR
The European Court of Appeals has confirmed a Commission decision to order the recovery of aid granted to France Télécom in the form of tax breaks. Over a 12-year period, France Télécom benefited from state aid amounting to a potential sum of EUR 1,140 million.

Breakthrough for EU patent system
EU Member States have agreed on the main elements of the EU patent and a single European Patent Court. The agreement is seen as representing a significant step towards a final solution for the EU patent.

Main points of the EU's Lisbon Treaty
The European Union's wide-ranging Lisbon Treaty, which entered into force Tuesday, is aimed at updating and revitalising the bloc's institutions and replacing its failed constitution.

Cancer death toll in Europe drops
Cancer mortality in Europe has declined at a steady pace over recent years. New figures now published online in the journal Annals of Oncology show a drop of 9% between the first half of the 1990s and the period between 2000 and 2004 in the 27 EU Member States (EU-27). However, the researchers note differences between individual countries and also between the sexes.

Gender imbalance in science 'a waste of opportunity and talent' - SHE figures 2009
Despite a rise in their numbers, female scientific researchers remain a minority, accounting for just 30% of all scientific researchers in Europe. Furthermore, the more senior positions in science and research are still heavily dominated by men. These are some of the main findings in the latest 'She Figures', statistics on women in science in Europe which are produced every three years by the European Commission and the Helsinki Group on Women and Science.

Cannabis trademark ruled out of order
The registration of the trade mark 'CANNABIS' is not valid in respect of the branding of beverages, according to a European Court of Justice ruling.

Passengers whose flights are delayed may be entitled to compensation
Air travellers in Europe faced with a delay of three hours or more are entitled to compensation, following a judgement by the European Court of Justice. The judgement clarifies the rights available to airline passengers who have undergone delay. It was ruled that a delay totalling three hours or more would entitle the passenger to compensation.

EU Court upholds graphite cartel fines
The European Court of Justice has upheld fines, totaling EUR 101.4 million, imposed by the European Commission in 2003, on some of the region's top industrial groups for their role in a cartel that fixed the price of carbon based products.

Commission seek cross-border cooperation on evidence in criminal matters
The existing rules on obtaining evidence from another Member State consist of a number of co-existing instruments based on different underlying principles and scopes. This makes the application of these rules burdensome and may cause confusion among practitioners, and lead to situations where they do not use the most appropriate instrument for the evidence sought. Ultimately, these factors may therefore hinder the course of justice, and effective cross-border cooperation.

Main points of the EU's Lisbon Treaty
The European Union's wide-ranging Lisbon Treaty, now ratified by all 27 EU member states after eurosceptic Czech President Vaclav Klaus put pen to paper Tuesday, is aimed at updating and revitalising the bloc's institutions and replacing its failed constitution.

No preferential customs treatment for products from occupied territories: EC Court Opinion
Products originating from the occupied territories are not entitled to preferential customs treatment under the EC-Israel Agreement, according to the Opinion of the European Court's Advocate General.

EC Court rules on rights for dismissed pregnant workers
Dismissed pregnant workers must enjoy effective judicial protection of their under Community law, according to a ruling by the European Court of Justice.

EU gets tough on climate change, intensifies energy investment
Growing concerns on climate change, energy supply and competitiveness weigh heavily on the minds of Europeans. The European Commission is determined to fight this escalating problem and has called on public officials, industry and researchers to pool their resources and develop key technologies that would address this nagging issue. The target date is 2020.

Change advocated for the European food system
A new report published by the European Science Foundation (ESF) and the European Cooperation in the Field of Scientific and Technical Research (COST) calls for Europe to take a new approach on food security. This new approach should prioritise health and sustainability in research and use a holistic view in policy making.

Commission calls on EU Member States to join forces against Alzheimer's disease
On 22 July the European Commission called on EU Member States to pool their resources and better coordinate research efforts to combat Alzheimer's and other neurodegenerative diseases. The proposals adopted by the Commission follow a 2008 recommendation by the Council of the European Union to launch a joint programming initiative in this field in 2009.

Europeans launch Fuel Cell and Hydrogen JTI in Brussels
Representatives of industry, the research community and the European institutions launched the EUR 1 billion Fuel Cell and Hydrogen Joint Technology Initiative (JTI) at an event in Brussels, Belgium on 14 October.

Forum assesses competitiveness of Europe's pharmaceutical industry
Europe's Pharmaceutical Forum has concluded its three-year process and, on 2 October, put forward several recommendations addressing the many challenges facing the pharmaceutical industry, public health interests and national healthcare systems.

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Review of the European Parliament in 2007
2007 was quite a year for the European Parliament and the European Union. The new Treaty of Lisbon was signed by the heads of state and government on 13 December. The new Treaty, once ratified, will lead to greater and wider powers for the European Parliament. On 25 March, the EU marked the 50th anniversary of the signing of the Treaty of Rome.