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  • Article

    Latest Developments In REACH Chemicals Law Bring To Light New Restrictions

    On 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 Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    No Need To Invalidate Infringer’s Trade Mark, Says Advocate General

    On 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 Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    No Supplementary Protection Certificate For Combination Of Substances Which Are Not All Covered By Patent

    On 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 Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    No Trade Mark Liability For Bottler In Litigation With Red Bull

    On 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 Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Article 29 WP Opinion On Necessity And Proportionality In Law Enforcement

    The European Commission adopted an opinion providing guidance on law enforcement measures that may interfere with the right to protection of personal data.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Court Of Human Rights Rejects Unfairness Claims In French Competition Case

    In 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Rules That Edeka's Request For "Wedding Rebates" Was Abusive

    On 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 Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Regional Court Approves Seizure By German Federal Cartel Office Of Audit Documents Prepared By External Counsel

    By decision of 21 June 2012, the Regional Court of Bonn ("the Court") upheld a decision by the Local Court of Bonn approving the seizure by the German Federal Cartel Office ("FCO") of internal audit documents that had been prepared by external counsel at the premises of the appellant.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Higher Regional Court Of Frankfurt Dismisses Action Of Automotive Repair Shop To Be Admitted To The Authorised Repair Network Of A Passenger Vehicle Manufacturer

    The automotive repair shop had acted as an authorised repairer for the manufacturer concerned for several years before the manufacturer decided to rearrange its service network.
    GermanyAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Dutch Court Rules On Refusal To Appoint Repairers To A Motor Vehicle Distribution Network

    On 25 July 2012, the Court of First Instance of Amsterdam (the "Court") rejected a claim brought by three former repairers of KIA Nederland BV ("KIA Nederland"), ruling that the distribution system in question did not infringe the competition rules.
    NetherlandsAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Skype Fined EUR 30,000 For Refusal To Cooperate With Data Protection Law Enforcement Authorities

    The case ended up with the Court which first examined if Belgian courts had jurisdiction over Skype.
    BelgiumLitigation, Mediation & Arbitration
    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

    Belgian Competition Authority Fines Belgian National Lottery For Abuse Of Its Dominant Position

    The National Lottery holds a statutory monopoly on the market for public lotteries in Belgium.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Supreme Court Removes One More Hurdle In European Commission's Claim For Damages Against Elevator Cartel

    On 22 March 2018, the Belgian Supreme Court dismissed an appeal against an interim judgment of the Brussels Court of Appeal on the damages claim introduced by the European Commission.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Grants Third Party Limited Access To File In Merger Case

    On 19 November 2014, the Court of Appeal of Brussels ("the Court") issued an interim judgment ordering the Belgian Competition Authority ("BCA") to grant to a third party access to the inventory of the procedural file and limited access to the content of the procedural file in a merger case involving its competitors.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Parliament Amends Bill Establishing Brussels International Business Court

    The jurisdiction of the BIBC will be based on the consent of all parties involved.
    BelgiumLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Commission Publishes Final Report On Competition Policy For The Digital Era

    On 4 April 2019, the European Commission published a special report commissioned by Commissioner Margrethe Vestager on how competition policy should evolve to continue promoting pro-consumer innovation in the digital age...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Commission Publishes Opinion On Disclosure Of Documents In National Damages Case

    On 28 July 2014, the European Commission published an opinion on the disclosure of documents created in the course of a Commission investigation.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Dismisses Appeal Brought By ENI In Synthetic Rubber Cartel Case

    The Court of Justice of the European Union recently dismissed an appeal lodged by ENI against a judgment of the General Court which largely upheld the fines imposed by the European Commission for ENI's participation in the synthetic rubber cartel.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Dismisses Tomra’s Appeal Of Exclusivity And Retroactive Rebates Abuse Decision

    On 19 April 2012, the European Court of Justice ("ECJ") issued its judgment in the appeal by Tomra against the General Court’s September 2010 judgment, ruling that Tomra’s appeal should be dismissed in its entirety.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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