EU Law
Latest business news about EU law, legal issues and the European Court of Justice
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.
Common system of VAT (the 'VAT Directive')
This Directive codifies the provisions implementing the common system of VAT, which applies to the production and distribution of goods and services bought and sold for consumption within the European Community.
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.
The management of intellectual property by public research organisations
In order to promote the results of scientific research, the European Commission has adopted a Recommendation to improve intellectual property management and knowledge transfer by public research organisations (PROs). The Commission will thus contribute to the building of a knowledge society and establish a new milestone in the creation of the ‘fifth freedom’: the free circulation of knowledge.
Recognition and execution of confiscation orders in the EU
The EU is facilitating the direct execution of confiscation orders for the proceeds of crime by establishing simplified procedures for recognition among Member States and rules for dividing confiscated property between the Member State issuing the confiscation order and the one executing it.
Second generation Schengen Information System (SIS II) - 1st pillar regulation
The SIS II Regulation lays down the technical aspects and the operation of the second generation Schengen Information System (SIS II), the conditions for issuing alerts on refusal of entry or stay for non-EU nationals, the processing of data relating to the alerts, and conditions of data access and protection. It constitutes the legislative basis for governing SIS II with respect to matters falling under Title IV of the EC Treaty (first pillar).
Schengen: legal instruments governing migration from SIS1+ to SIS II
The legal instruments governing migration from SIS 1+ to SIS II lay down the tasks and responsibilities of the European Commission and the Member States for preparing this migration, including further development and testing of SIS II.
Decision establishing Eurojust
In order to improve cooperation in the fight against crime, the Council set up Eurojust. This body of the EU is competent to act in investigations and prosecutions relating to serious crime concerning at least two Member States.
Access of vehicle registration services to SIS II
The second generation Schengen Information System (SIS II) will be a large-scale information system containing alerts on persons and objects in the EU.
The safety of toys in the EU
Toys contribute to child development and play is an essential part of growing up. However, toys have to be safe for children to play with. Ensuring that toys marketed in the EU do not put children at risk is a priority. EU legislation aims to ensure that toys meet safety requirements that are amongst the strictest in the world, especially in relation to the use of chemicals in toys.
European Police Office - Europol
The decision establishes the European Police Office (Europol) as a EU agency with responsibility for law-enforcement cooperation between Member States.
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.
EU VAT anti-fraud strategy
In order to improve the VAT management system and to protect EU Member States against VAT fraud, the European Commission proposes a review, with particular regard to methods of control, registration, information and collection of revenue in the context of an increase in cross-border transactions.
Copyright and related rights in the EU: term of protection
This Directive aims to harmonise the term of protection for copyright and related rights in the EU. It sets the term of protection for copyright at 70 years and for related rights at 50 years.
EU Strategy for biofuels
The EU sets out seven strategic policy areas for the development of the production and use of biofuels by the Member States and developing countries.
Markets for agricultural products: Bananas
The European Union's common organisation of the market in bananas allows the EU market to receive satisfactory supplies of quality bananas at fair prices for producers and consumers and ensure a balance between the various sources of supply.
Legal framework for mobile TV
This communication presents examples of EU Member States’ regulatory best practice for mobile TV networks and services. It covers the authorisation models for such networks and services, as well as particular issues related to the different levels of the regulatory regime.
General rules: product safety
The general safety of products placed on the market is guaranteed by EU legislation, which ensures a consistent, high level of protection for the health and safety of consumers.
Unfair Commercial Practices
Unfair commercial practices by businesses in their relations with consumers will be prohibited throughout the EU. Unfair commercial practices comprise misleading and aggressive practices, and practices which use coercion as a means of selling.