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CASELEX:EU:2010:14 - Employment Law - Protection of employees’ representatives
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.

EU Court clarifies residency terms for the carers of the children of migrant workers
The European Court of Justice (ECJ) has ruled, in accordance with Community regulation on the freedom of movement, that the child of a migrant worker is allowed to have an independent right of residence in connection with the right of access to education in the host Member State.

Products originating in the West Bank do not qualify for preferential customs treatment, rules EU Court
The European Court of Justice has ruled that products originating in the occupied territories of the West Bank cannot qualify for preferential customs granted for Israeli goods detailed in the Israel-EC agreement.

Spotlight on EU projects in trust and security
The Journal of Computer Security has launched a special issue highlighting the results of six projects funded under the 'Information society technologies' (IST) Thematic area of the EU's Sixth Framework Programme (FP6). The journal's editors called on the six projects to submit papers because they received exceptional reviews in the ICT [information and communication technology] Trust and Security EU calls.

EU strengthens R&D ties with Egypt
The European Union will offer EUR 20 million to Egypt to promote research and innovation, Ambassador of the European Delegation in Egypt Marc Franco announced at the first Euro-Mediterranean Innovation Marketplace in Heliopolis, Egypt in late January. The funds will be earmarked for the Research, Development and Innovation (RDI) programme that was established under the EC-EGYPT bilateral Science and Technology Cooperation Agreement in 2007.

Cotton ginning firms' bid for EUR 4.45m compensation dismissed
The General Court has ruled that the actions brought forward by three cotton ginning firms must be dismissed as unfounded, due to the lack of evidence to support their claim that a 2004 CAP support scheme damaged their businesses.

CASELEX:EU:2000:5 - IP Law - protection of industrial and commercial property
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
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’).

Protected sites can be contested on environmental grounds only
The European Court of Justice has ruled that EU Member States can only refuse to give their agreement to the list of protected sites of Community importance drawn up by the European Commission on environmental grounds, following some ambiguity as to the circumstances surrounding the development of a protected site in Germany.

Enlistment of Community protected sites can only be contested on environmental grounds, EU Court says
The European Court of Justice (ECJ) has ruled that Member States can only refuse to give their agreement to the list of protected sites of Community importance drawn up by the Commission on environmental grounds, following some ambiguity as to the circumstances surrounding the development of a protected site in Germany.

Germany's age law ruled incompatible with EU Directives
The European Court of Justice has ruled that European Union law, more particularly the principle of non-discrimination on grounds of age as given expression by Directive 2000/78, precludes national legislation. As such, a German law which provides that periods of employment completed by an employee before reaching the age of 25 are not taken into account in calculating the notice period for dismissal, was deemed discriminatory and must be dis-applied by the national courts.

EU and India launch biotechnology and health pilot programme
India and EU Member States have launched NEW INDIGO, a Networking Pilot Programme (NPP) on biotechnology and health. Their objective is to establish a joint infrastructure for advanced research in this growing and significant field. NEW INDIGO ('Initiative for the development and integration of Indian and European research') has received almost EUR 2.5 million under the 'Horizontal actions and measures in support of international cooperation' (INCO) priority of the EU's Seventh Framework Programme (FP7).

Germany's restriction on Polish labour deemed discriminatory
Germany has infringed Community law by restricting to its own undertakings alone the possibility of entering into contracts with Polish undertakings in respect of work to be carried out within its territory, ruled the European Court of Justice (ECJ). Labelling the restrictions as discriminatory, the ECJ found that they could not be justified by any reasonable means.

EU Court sets guidelines for cross-border insolvency proceedings
Once initial insolvency proceedings have been opened in an EU Member State, the competent authorities of another Member State are, in principle, required to recognize and enforce all judgements relating to the main insolvency proceedings, the European Court of Justice (ECJ) has ruled. As such, they are not entitled to order enforcement measures on the insolvent company's assets situated in its territory when the legislation of the State of the opening of proceedings does not so permit.

EU Court outlines unfair practice guidelines for consumer driven lottery
The European Court of Justice (ECJ) has ruled that allowing customers to take part in a lottery free of charge following a certain number of purchases does not automatically constitute an unfair commercial practice, following a request from the German Federal Court of Justice.

CASELEX:EU:2009:120 - IP Law - Exhaustion of trade mark proprietor’s rights
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
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
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
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.
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
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.

Maximum age limits for some professions is permissible, says Court
The European Court of Justice (ECJ) has delegated the application of age limits for the recruitment of certain professionals, such as dentistry and fire fighting, to the authority of the national courts, due to the health responsibility attached to those professions.

EU Court rules on cross-border custody of children
The European Court of Justice ruled that a court of an EU Member State in which a child resides cannot provisionally grant custody of the child to one parent if a court of another Member State, which has jurisdiction as to the substance of the case, has already given custody to the other parent.

EU court interprets insider dealing
The European Court of Justice (ECJ) has clarified the elements of insider dealing following a request from the Court of Appeal of Brussels. This clarification resulted in fines totalling EUR 100 000 imposed by the relevant Belgian authority on Spector Photo Group for insider trading.

Is your milk chocolate the genuine article?
Milk chocolate is a favourite in the holiday season, and thanks to a new measurement method developed by the European Commission's Joint Research Centre (JRC), consumers in Europe will be sure of what they are getting. This is a serious matter for a continent which accounts for up to half of the annual consumption of chocolate worldwide. The method has been accepted by the International Organization for Standardization (ISO), making it an international standard.