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  • Article

    Constitutional Court Annuls The Belgian Data Retention Law

    On June 11, the Belgian Constitutional Court annulled the Belgian law (source document in French) that required electronic communication operators to retain data for one year.
    BelgiumPrivacy
    Jones Day
    Jones Day
  • Article

    Belgian Data Protection Authority Sues Facebook Over Privacy Breaches

    In order to pressure Facebook to comply with the recommendation, the Belgian Data Protection Authority filed a lawsuit that will be heard in a Brussels court this June 18.
    BelgiumPrivacy
    McGuireWoods LLP
    McGuireWoods LLP
Article

English Litigation Toolkit: How A Typical English High Court Contractual Claim Is Dealt With

Osborne Clarke's litigation toolkit includes timescale, cost, proving the case, enforcement, settlement and considers the advantages of English law and jurisdiction. This toolkit is aimed at parties considering...
BelgiumLitigation, Mediation & Arbitration
Osborne Clarke LLP
Osborne Clarke LLP
  • Article

    Portrait Photograph Deserves Trade Mark Protection

    On 16 November 2017, the Board of Appeal of the European Union Intellectual Property Office reversed the EUIPO examiner's refusal to register a portrait photograph of the Dutch model Maartje Verhoef as an EUTM for a large number of products and services.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Confirms That Joint Lobbying Activities Do Not Constitute Restriction Of Competition

    On 22 June 2018, the Belgian Supreme Court confirmed an earlier judgment of the Brussels Court of Appeal annulling a decision of the Belgian Competition Authority that imposed a fine on a group of cement companies ...
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Declares Dawn Raids Carried Out In Cargo Handlers Case Illegal

    On 9 July 2015, the Brussels Court of Appeal held that antitrust dawn raids carried out in 2006 at the premises of cargo handlers by the former Belgian Competition Council (now the Belgian Competition Authority) were illegal.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Annuls Recovery Order Of Commission Decision Relating To The Irish Air Travel Tax

    The air travel tax is an excise duty which airline companies operating in Ireland must pay in respect of every passenger departing on an aircraft from an airport situated in Ireland.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Publishes Study On The Passing-On Of Overcharges

    A DG Comp public consultation is anticipated on the draft Guidelines.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    According To Advocate General Wathelet, French Courts Have Power To Block Sales On Foreign Websites

    Samsung operates a selective distribution system for its high-end products and prohibits its dealers from selling outside the network, including over the Internet.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Supreme Court: Dismissed Employee Has To Prove That Damage Is Probable When Claiming Damages For A Lost Opportunity

    A contractual employee of the administration of a municipality was accused of aggressive behaviour. The municipality organised a hearing in order to investigate the accusations.
    BelgiumEmployment and HR
    Van Olmen & Wynant
    Van Olmen & Wynant
  • Article

    Belgian Supreme Court Holds That Right To Be Forgotten Extends To Newspaper Archives

    Dr. O.G. had been involved in a car accident causing the death of two persons. This accident was reported in the November 1994 edition of Le Soir featuring a specific reference to Dr. O.G.'s name and surname.
    BelgiumPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Finds That The Privileged Access Of London Taxis To Bus Lanes Does Not Amount To State Aid

    In light of these circumstances, the ECJ ruled that the grant of such preferential access to a public infrastructure in favour of black cabs did not involve a transfer of state resources.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Finds ARCO Guarantee Granted By Belgium Incompatible With EU Law

    Those proceedings were however stayed pending the ECJ's response to the questions referred by the Belgian Constitutional Court in the present proceedings.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Constitutional Court Declares Prior Recognition Requirement For Class Action Group Representatives Unlawful

    On 17 March 2016, the Belgian Constitutional Court partially annulled Article XVII.39 of the Code of Economic Law (Constitutional Court, judgment 41/2016 of 17 March 2016).
    BelgiumLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    English High Court Issues "FRAND" Injunction In Dispute Involving Standard Essential Patents

    On 7 June 2017, Justice Birss of the English High Court of Justice issued a "FRAND" injunction against Huawei in its longstanding licensing dispute pitting it against Unwired Planet, a US based patent assertion entity.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Confirms BCA’s Conditional Clearance Of A Merger In The Road Safety Sector

    The judgment was issued following an appeal lodged by VAB, VAB Rijschool and Rijscholen Sanderus – companies which offer roadside assistance and driving lessons in Belgium.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Constitutional Court Hands Down Judgment On Limitation Period Applicable To Civil Damages Claim For Competition Law Infringement

    The Constitutional Court explained that in a civil procedure the plaintiff carries the burden of proof and that the existence of a competition law infringement is essential for the establishment of a tort-based fault under civil law.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Telenet’s Yellow Colour Trade Mark Rejected

    On 4 February 2014, the Brussels Court of Appeal refused registration of the colour yellow as a trade mark for Telenet’s "triple play" services.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Court Of Justice Of European Union Confirms Validity Of Prohibition On Price Reductions For Tobacco Products

    The supermarket chain had sold tobacco products at a unit price below the price indicated on the revenue stamp affixed by the manufacturer or importer and had applied several types of discounts to tobacco products.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Dismisses Appeal In LCD Panel Cartel Case

    On 8 December 2010, the EU Commission imposed fines of over € 648 million on six Korean and Taiwanese producers of LCD panels used in televisions and computer monitors for operating a price-fixing cartel.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Showing 1–20 of 241 results

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