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  • Article

    General Court Partly Upholds Appeals In Heat Stabilisers Cartels Case

    On 15 July 2015, the General Court adopted three judgments partly annulling the decisions adopted by the EU Commission in 2009 and 2010 in the heat stabiliser cartels case.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Clarifies Interpretation Of Consumer Sales And Guarantees Directive

    Accordingly, the ECJ favours the performance of the contract instead, rescission should be considered as a solution of last resort.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Refers Questions To ECJ On Validity Of Prohibition On Price Reductions For Tobacco Products

    In an interim judgment of 5 May 2015, the Brussels Court of Appeal referred three questions for a preliminary ruling to the Court of Justice of the European Union.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    3-D Pattern Covering Soles Of Birkenstock Shoes Cannot Be Protected As Figurative Mark

    On 13 September 2018, the ECJ held in Case C-26/17P, Birkenstock v. EUIPO, that Birkenstock's pattern of wavy lines crisscrossing at right angles in a repetitive sequence could not be protected as a figurative mark.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Confirms Trade Mark Holder's Liability For Damages For Seizing Goods Imported In EU

    In a remarkable case with an unfortunate outcome for the trade mark holder, the ECJ confirmed that a party has the right to claim damages on the basis of a judgment of another Member State's national court.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Upholds Opposition From Sky To Skype

    In three judgments issued on 5 May 2015, the General Court of the European Union denied the registration of "SKYPE" as a Community trade mark.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Rejects Damages Claim Of NMBS/SNCB Against Electrabel For Abuse Of Dominance

    In the framework of the European emission trading system, companies are required to cover all their emissions of greenhouse gasses by emission allowances.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Holds That Leonidas Infringed Longchamp's Copyright On Le Pliage Handbag

    On 26 July 2018, the Brussels Court of Appeal confirmed the judgment of the Brussels Commercial Court of 25 October 2017 on whether Longchamp, owned by the Jean Cassegrain company, had a copyright ...
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Wathelet Clarifies Conditions Under Which Companies Can Be Held Liable For Conduct Of Independent Business Service Providers

    The case arose from proceedings before the Latvian Competition Council concerning alleged bid-rigging.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EPPO – First Ruling Of The ECJ: A Solomon's Judgement On Cross-Border Investigations

    A company and its two managers are suspected of having made false declarations to evade European customs regulations by importing American biodiesel into the EU.
    European UnionLitigation, Mediation & Arbitration
    Loyens & Loeff
    Loyens & Loeff
  • Article

    ECJ Rules On Fairness Of Standard Choice Of Law Clauses In B2C Relationships

    On 28 July 2016, the Court of Justice of the European Union ruled that a standard choice of law clause in favour of the law of the EU Member State in which the seller or supplier is established, is unfair.
    BelgiumConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Antwerp Court Issues Cease And Desist Order Against Luc Tuymans

    The painting at issue portraits Jean-Marie Dedecker, a Belgian politician, after he had suffered a heavy defeat at the ballots.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Copyright Assignment Can Be Proven By Any Written Document

    On 20 March 2014, the Court of Appeal of Liège handed down a judgment on the requirement of having a document "in writing" for evidentiary purposes in cases relating to the assignment of a copyright protecting a computer program.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Wahl On Trade Mark's Reputation

    On 24 March 2015, Advocate General Wahl (the "Advocate General") delivered his opinion in a case pitting Iron & Smith Kft against Unilever NV (Case C‑125/14).
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Holds That Louboutin Red Soles Qualify For Trade Mark Protection

    Instead, a definition must be provided by considering the usual meaning of the word ‘shape' in everyday language.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Sets Aside General Court Judgments Granting Damages For Excessively Long Judicial Proceedings

    On 13 December 2018, the Court of Justice of the European Union delivered three judgments on separate appeals brought against judgments of the General Court by Gascogne Sack Deutschland ("Gascogne"), Kendrion and Plasticos Españoles ...
    European UnionLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Article 29 Working Party Publishes Guidelines On Right To Be Forgotten

    The Guidelines recall that the ECJ's judgment has made it clear that search engine operators process personal data and therefore qualify as data controllers.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rejects Challenge Against Unitary Patent Package

    On 5 May 2015, the Court of Justice of the European Union ("ECJ") handed down its judgments on Spain's challenges of the legality of the "unitary patent package".
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Passes Judgment On Belgian Commercial Agency Legislation

    On 3 December 2015, the Court of Justice of the European Union ruled on a request for a preliminary ruling from the Brussels Court of Appeal regarding the interpretation of Council Directive 86/653/EEC of 18 December 1986 .
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Council Of State Issues Opinion On Supreme Court's (In)Ability To Review Brussels International Business Court Judgments

    On 28 February 2019, the Council of State (Raad van State/Conseil d'État) issued an opinion on the amendment to the bill for the creation of the Brussels International Business Court (the "BIBC")...
    BelgiumLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Showing 61–80 of 241 results

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