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EU Law

15 November 2018, 20:54 CET

Latest business news about EU law, legal issues and the European Court of Justice

EU Court refuses trademark for chocolate rabbits

Posted by Leopold Gasteen at 26 January 2011, 19:45 CET |

Chocolate rabbits or reindeer with red ribbons around their neck cannot be registered as Community trademarks, the General Court has ruled, in response to recent claims by chocolate manufacturers.

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Commission fined EUR 12m for copyright infringement

Posted by Leopold Gasteen at 26 January 2011, 19:45 CET |
Filed under: EU Law, EU Law - IP

In a peculiar case of non-contractual liability, the European Commission has been ordered to pay a total of EUR 12 million to Systran, a language translation software company, after the ECJ's General Court ruled that the Commission acted unlawfully.

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E.on's EUR 38m fine upheld by General Court

Posted by Leopold Gasteen at 26 January 2011, 20:25 CET |

The General Court has upheld a fine originally imposed by the Commission on E.on AG for having tampered with a seal affixed to one of E.on's offices which was being used for internal investigation.

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E-commerce disputes are limited by protective Jurisdiction says EU Court

Posted by Leopold Gasteen at 26 January 2011, 15:30 CET |
Filed under: EU Law, Internet

The mere fact that a company offers their service via the Internet does not mean that they are being directed to consumers in other Member States, according to a recent ruling from the European Court of Justice. The ruling highlighted the importance of protective jurisdiction for the consumer in cases of commercial disputes.

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Contact lens law is clarified by EU Court

Contact lens law is clarified by EU Court

Posted by Leopold Gasteen at 26 January 2011, 20:05 CET |

Banning the sale of contact lenses on the Internet on the grounds of consumer health is disproportionate to consumer health requirements, the European Court of Justice has ruled.

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Arrest warrants to be executed, even in case of double jeopardy

Posted by Leopold Gasteen at 06 December 2010, 01:30 CET |
Filed under: EU Law, arrest warrant

The framework Decision on the European arrest warrent should be respected by the judicial authority which arrests the accused, declared the The Grand Chamber European Court of Justice (ECJ) on 17 November 2010. The ECJ noted that it should also prevent them from refusing to surrender the accused to the judicial authority from whom the arrest warrant was issued.

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Portugal's golden shares in EDP are unlawful

Posted by Leopold Gasteen at 07 December 2010, 01:30 CET |
Filed under: EU Law, Portugal

The European Court of Justice (ECJ) ruled that by retaining special rights attributed to it by means of Golden Shares in Energias de Portugal, the Portuguese State has failed to fulfil its obligation to the fundamental principle of the free movement of Capital.

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EU Court shakes up transparency laws in favour of beneficiaries of CAP funding

Posted by Leopold Gasteen at 05 December 2010, 01:30 CET |
Filed under: EU Law, CAP, EU Funding

On 9 November 2010, the European Court of Justice (ECJ) ruled that the publlication of the names and information of the beneficiarries of the European Agricultural fund, and the exact amount recieved, constitutes a disproportionate measure with respect to the provisions on transparency.

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Greek shareholder accountability law against EU rules

Posted by Leopold Gasteen at 02 November 2010, 00:11 CET |
Filed under: EU Law, Slovenia

A Greek law allowing minor shareholders of television companies to be penalised for improper content violates European Union principles, the European Court of Justice (ECJ) ruled.

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EU slaps Deutsche Telekom with EUR 12.6m fine

Posted by Leopold Gasteen at 27 October 2010, 15:50 CET |

The European Court of Justice has upheld a fine of EUR 12.6 million originally imposed by the Commission in 2003 for anti competitive behaviour in the German internal market.

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Depriving a worker over 63 from a severance allowance is age discrimination: Court

Posted by Leopold Gasteen at 19 October 2010, 13:41 CET |

The European Court of Justice has ruled that denying an individual his or her severance based on the fact that the individual is eligible for state pension is discriminatory due to its non conformity to the EU directive on equality.

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Mandatory health and safety rules for construction sites

Posted by Leopold Gasteen at 18 October 2010, 18:05 CET |
Filed under: EU Law

The European Court of Justice has ruled that a safety coordinator must be present at all times on construction sites, whether undertaken by public services or private firms.

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Retirement at 65 non-discriminatory: EU Court

Retirement at 65 non-discriminatory: EU Court

Posted by Leopold Gasteen at 19 October 2010, 13:15 CET |
Filed under: EU Law, Equality

The European Court of Justice has ruled that Germany's law on forced retirement at 65 is fair and does not go against the EU's directive for equal treatment.

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Cross-border custody dependent on national law, says EU Court

Posted by Leopold Gasteen at 18 October 2010, 18:20 CET |
Filed under: EU Law, Custody

The removal of a child by a parent to another EU Member State is wrongful only if it is in breach of custody rights granted by national law, says the European Court of Justice.

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Gender called into question as risk factor in insurance contracts

Posted by Leopold Gasteen at 18 October 2010, 18:10 CET |

The sex of an insured person should not be taken into account as a risk factor in an insurance contract due its discriminatory nature on grounds of sex, according to the German Advocate General to the ECJ Juliane Kokott.

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Levy on private copies may be imposed, says Advocate General

Posted by Leopold Gasteen at 14 May 2010, 12:02 CET |
Filed under: EU Law - IP, euro

In an opinion given on 11 May 2010, Advocate General Trstenjak ruled that a levy on private copies may be imposed on digital equipment, devices and media only where it may be presumed that they are to be used for private copying.

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Incentive driven pharmaceutical prescription is lawful, EU Court rules

Posted by Leopold Gasteen at 06 May 2010, 12:45 CET |
Filed under: EU Law, Pharmaceuticals

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

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EU Court imposes fines of EUR 23.44 million on thread cartel

Posted by Leopold Gasteen at 06 May 2010, 12:42 CET |

The European Court of Justice (ECJ) has upheld a EUR 23.44 million fine originaly imposed by the Commission in 2005 on 5 undertakings for their participation in cartels on the industrial threads markets.

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EU Court outlines limitations of pay increment

Posted by Leopold Gasteen at 22 April 2010, 22:42 CET |
Filed under: EU Law - employment

A Member State may make claims for payment of special length-of-service increments, denied to migrant workers on the basis of the application of a domestic law incompatible with Community law, the ECJ has ruled.

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EU Court outlines practice for reimbursement in long distance contracts

Posted by Leopold Gasteen at 22 April 2010, 22:43 CET |
Filed under: EU Law, EU Law - contract

When a consumer withdraws from a long distance contract within seven working days, the entirety of the sum, including delivery fee, must be repaid to the consumer, the European Court of Justice has ruled.

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