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  • Article

    Brussels Court Of Appeal Rules On Legitimate Expectations, Unfair Commercial Practices And Evidential Value Of Invoices

    The dispute at issue concerned New Foundation, a company specialised in the conception and production of ladies' underwear, which sold its products under private label to several large retailers, including Carrefour Belgium.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Assesses Belgian Rules On Copyright Levy For Multifunctional Printers

    On 11 June 2015, Advocate General Cruz Villalón delivered an opinion on a request for a preliminary ruling from the Brussels Court of Appeal in a case between Hewlett-Packard Belgium and Reprobel.
    BelgiumIntellectual Property
Van Bael & Bellis
Van Bael & Bellis
  • Article

    Court Of Appeal Permits Repackaging Of Parallel Import Pharmaceuticals

    On 14 September 2015, the Court of Appeal of Mons permitted parallel imported pharmaceutical products to be repackaged and sold in package sizes that are predominant on the Belgian market.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Mons Court Of Appeal Rules On Use Of Competitor's Trademark As AdWord

    On 16 November 2015, the Mons Court of Appeal (the "Court") handed down a judgment in a dispute between Verabel, a trademark holder, and Verandas Confort, which used the word 'Verabel' as a Google AdWord.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Rules That Data Protection Authority May Impose Administrative Fines Even Where A Data Subject's Personal Data Were Not Processed

    The Belgian Supreme Court ruled in a judgment of Oct. 7, 2021 that a data subject has the right to lodge a complaint with the Data Protection Authority...
    BelgiumPrivacy
    Alston & Bird
    Alston & Bird
  • Article

    ECJ Rules On Definition Of Pyramid Promotional Schemes

    Under the Lucky4All scheme, groups of lottery players play together in an eight-level pyramid scheme.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On The Application Of State Aid Rules In National Court Proceedings And The Principle Of Res Judicata

    In 2007, Klausner Group, of which the applicant is part, had concluded a contract for the supply of wood with the Forestry Administration of the Land of North Rhine – Westphalia (the "Land").
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EFTA Court Judgment On Limitation Period For Damages Claims

    The EFTA Court found that the principle of equivalence dictates that national procedural law must remain neutral in relation to the origin of the rights invoked.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Dismisses Appeals Against State Aid Decision On Excise Duty Exemptions For Alumina Production

    On 22 April 2016, the General Court ("GC") handed down judgments in three related cases concerning exemptions from excise duties granted by France, Ireland and Italy to alumina producers...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Intervenes In Belgian Bpost Case To Suggest A Preliminary Reference

    The BCA filed a further appeal against this latter judgment before the Belgian Supreme Court.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    General Court Issues Three Judgments On Access To File And Publication Of Business Secrets In Car Glass Cartel

    As regards Request 1, the Court overturned the Commission's decision denying AXA access to the section of the index which described documents relating to leniency applications.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Further Extends Scope Of Unfair Commercial Practices Directive

    On 16 April 2015, the Court of Justice of the European Union ("ECJ") ruled on a request for a preliminary ruling from the Hungarian Supreme Court...
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Rules That Belgian Commercial Agency Law Is "Mandatory" Under Rome Convention

    In 2005, NMB (principal) and UNAMAR (commercial agent) entered into a commercial agency agreement for the operation of NMB's container liner shipping service.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Aldi's Buval Beer Sign Held To Infringe Jupiler Trademark

    InBev brought a cease-and-desist action before the Court for infringement of its Jupiler trademark.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Commercial Court Declares Louboutin’s Red Sole Trade Mark Invalid

    On 20 March 2014, the President of the Brussels Commercial Court ruled on a dispute between Christian Louboutin and Van Dalen Footwear B.V.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Clarifies Concept Of "Misleading Omission" With Respect To Energy Classification Labelling Of Vacuum Cleaners

    On 25 July 2018, the Court of Justice of the European Union handed down its judgment concerning energy labels in a case involving Dyson and BSH (ECJ, 25 July 2018, Case C-632/16, Dyson Ltd and Dyson BV v. BSH Home Appliances NV).
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Clarifies Consumer Protection Rules Relating To Sale Of Consumer Goods And Associated Guarantees

    The request was made in the context of a dispute between Ms Froukje Faber and a garage called Autobedrijf Hazet Ochten BV.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Rules On Acquired Distinctive Character Of Kit Kat Shape Mark

    First, the Court looked at Cadbury's assertion that the trade mark had not been used with respect to all the relevant goods.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    The Circulation Of Judgments Between Belgium And The United Kingdom: Towards A New Balance Under The 2019 Hague Judgments Convention?

    Brexit dismantled the Brussels I Recast regime for the UK and resulted in a fragmented framework of domestic rules and a residual treaty.
    BelgiumLitigation, Mediation & Arbitration
    ALTIUS
    ALTIUS
  • Article

    Advocate General Opinion On The Turnover And Exchange Rate Used In Setting Cartel Fines: Opinion Of AG Kokott Of 14 April 2016 In Pilkington Vs European Commission

    This appeal from the General Court has provided Advocate General Kokott with an opportunity to give her opinion on two important practical issues...
    European UnionAntitrust/Competition Law
    Lavoielegal
    Lavoielegal
  • Showing 101–120 of 241 results

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