ArticleNew Legislative Framework For Judicial Liquidation Of CompaniesOn 4 May 2017, the federal Parliament adopted a new law which introduces extensive changes to the procedure of judicial liquidation of companies.European UnionCorporate/Commercial LawVan Bael & Bellis
ArticleEU Court Of Justice Confirms Validity Of Tobacco Products DirectiveSubject to a few exceptions, EU Member States should apply the national implementing measures of the TPD as from 20 May 2016.European UnionFood, Drugs, Healthcare, Life SciencesVan Bael & Bellis
ArticleAdvocate General Proposes Clarification Of Obligations When Related Companies Submit Individual TendersOn 22 November 2017, Advocate General Campos Sánchez-Bordona (the "AG") gave his opinion in Case C-531/16 Šiaulių regiono atliekų tvarkymo centras and Others (the "Opinion"). European UnionGovernment, Public SectorVan Bael & Bellis
ArticleEuropean Commission Submits Proposal To Modernise EU Insolvency LawOn 12 December 2012, the European Commission submitted a proposal for a Regulation to amend Regulation (EC) No 1346/2000 on insolvency proceedings.European UnionInsolvency/Bankruptcy/Re-StructuringVan Bael & Bellis
ArticleBenelux Countries Update Trade Mark LawThe Protocol contains almost exclusively provisions the implementation of which is mandatory under the Directive. European UnionIntellectual PropertyVan Bael & Bellis
ArticleCourt Of Justice Rules On Detention By Customs Authorities Of Imported Goods Infringing Intellectual Property Rights, EU Considers ReformThe EU’s Court of Justice recently delivered a ruling that should interest enterprises exporting products either directly to or via the European Union. European UnionIntellectual PropertyVan Bael & Bellis
ArticleECJ Interprets Rules Of Jurisdiction For Community Trade Mark Infringements And Unfair Competition ActionsThe questions arose in proceedings between First Note Perfumes and Coty Germany GmbH, a German producer and distributor of perfumes and cosmetic products.European UnionIntellectual PropertyVan Bael & Bellis
ArticleECJ: Live Broadcasts Not Amount To Making Available; National Laws May Give Broader Protection To BroadcastersThe "making available to the public" right forms part of the broader concept of "communication to the public". European UnionIntellectual PropertyVan Bael & Bellis
ArticleEU Court Of Justice Clarifies Scope Of Citation Limitation To Community Design RightsFor advertising purposes, BigBen uses images of goods corresponding to the protected designs held by Nintendo.European UnionIntellectual PropertyVan Bael & Bellis
ArticleEU General Court Finds Body-Builder Silhouette Is Descriptive And Cannot Be Registered As Trade MarkThe GC observed, however, that the sign at hand was to be immediately and directly perceived by the relevant public as relating to body-building. European UnionIntellectual PropertyVan Bael & Bellis
ArticleEU General Court Reaffirms Refusal Of Trade Mark Registration Of Shape Of New Coca-Cola BottleOn 24 February 2016, the EU General Court ("GC") gave judgment on the validity of the trade mark registration by The Coca-Cola Company ("Coca-Cola") for the shape of Coca-Cola's contour bottle.European UnionIntellectual PropertyVan Bael & Bellis
ArticleGeneral Court Considers Similarity Between ZEBEXIR And ZEBENIX To Lead To Likely ConfusionOn 9 October 2012, the General Court of the European Union (the "General Court") annulled a decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (the "OHIM"). European UnionIntellectual PropertyVan Bael & Bellis
ArticleGeneral Court Upholds Pfizer’s Opposition To VIAGUARA Trade MarkOn 25 January 2012, the General Court of the European Union (the "General Court") upheld Pfizer’s opposition against the registration of the sign ‘VIAGUARA’ as a Community Trade Mark ("CTM") on the basis of the strong reputation of Pfizer’s own ‘VIAGRA’ trade mark. European UnionIntellectual PropertyVan Bael & Bellis
ArticleHotels Making Music Available In Their Rooms Pay Equitable Remuneration, Dentists Playing Music In Their Private Practice Do NotThe Court of Justice of the European Union (the "ECJ") handed down two separate rulings on 15 March 2012 (Cases C-135/10 and C-162/10) holding that hotels making available music in their rooms are obliged to pay equitable remuneration, whilst dentists playing music in their private practice are under no such obligation.European UnionIntellectual PropertyVan Bael & Bellis
ArticleLatest Developments In REACH Chemicals Law Bring To Light New RestrictionsOn 15 February 2012, the EU’s Official Journal published Commission Regulation 125/2012, which adds eight substances to the REACH chemical Regulation's Annex XIV "authorisation" list. The addition of these eight substances brings the number of substances listed in Annex XIV to 22. European UnionIntellectual PropertyVan Bael & Bellis
ArticleNo Need To Invalidate Infringer’s Trade Mark, Says Advocate GeneralOn 15 November 2012, Advocate General Mengozzi of the Court of Justice of the European Union delivered his opinion in a case between the holder of a registered Community trade mark and the proprietor of an allegedly infringing later Community trade mark. European UnionIntellectual PropertyVan Bael & Bellis
ArticleNo Supplementary Protection Certificate For Combination Of Substances Which Are Not All Covered By PatentOn 12 March 2015, the Court of Justice of the European Union (the "ECJ") ruled on a question referred to it by the High Court of Justice (England and Wales)...European UnionIntellectual PropertyVan Bael & Bellis
ArticleNo Trade Mark Liability For Bottler In Litigation With Red BullOn 15 December 2011, the Court of Justice of the European Union ("ECJ") handed down a judgment in Case C-119/10 between Frisdranken Winters BV ("Winters") and Red Bull GmbH ("Red Bull") regarding the protection of the latter’s famous trade mark RED BULL. European UnionIntellectual PropertyVan Bael & Bellis
ArticleEuropean Court Of Human Rights Rejects Unfairness Claims In French Competition CaseIn a decision published on 5 April 2012, the European Court of Human Rights ("ECHR"), dismissed Bouygues Telecom's claims that French competition proceedings infringed its fundamental rights. FranceAntitrust/Competition LawVan Bael & Bellis
ArticleGerman Federal Court Of Justice Rules That Edeka's Request For "Wedding Rebates" Was AbusiveOn 23 January 2018, the German Federal Court of Justice ruled that there might be an abuse under competition law if a company asks a dependent company for wedding rebates that are not objectively justified. GermanyAntitrust/Competition LawVan Bael & Bellis