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  • 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

    German Federal Cartel Office Publishes Paper On Competition Restraints In Online Sales

    In October 2018, the German Federal Cartel Office ("FCO") published its fourth paper in the series "Competition and Consumer Protection in the Digital Economy".
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Publication And Entry Into Force Of Royal Decree On "Mystery Shopping"

    The Royal Decree entered into force on 15 July 2017.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On Validity Of Jurisdiction Clauses In General Terms & Conditions

    The ECJ then referred to its case-law according to which concession agreements should qualify as contracts for the supply of services.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Affirms Distinctive Character Of National Trade Marks In Opposition Proceedings

    The Court of Justice of the European Union ("ECJ") overruled the General Court and OHIM in its judgment of 24 May 2012.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Clarifies Requirements For Award Of Supplementary Protection Certificate For Medicinal Product

    On 24 November 2011, the Court of Justice of the European Union ("ECJ") delivered its judgments in case C-322/10 Medeva BV ("Medeva") v. Comptroller General of Patents, Designs and Trade Marks and case C-422/10 Georgetown University, University of Rochester, Loyola University of Chicago v. Comptroller General of Patents, Designs and Trade Marks.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Guidance On Acquired Distinctiveness Of Colour Trade Mark

    The Court of Justice of the European Union handed down a preliminary ruling in joined cases C-217/13 and C-218/13 on the registration of a colour trade mark.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ On IP Infringement Resulting From Online Sales Outside EU

    The ECJ handed down an interesting judgment interpreting the notion of infringement of copyright and trade mark law in the context of Regulation 1383/2003.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On Exhaustion Of Plant Variety Rights

    On 20 October 2011, the Court of Justice of the European Union (the "ECJ") delivered its judgment in case C-140/10 Greenstar-Kanzi Europe NV ("GKE") v Jean Hustin and Jo Goossens, addressing two questions referred to it by the Supreme Court (the "Referring Court").
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Ruling In IP Translator Case

    On 19 June 2012, the Court of Justice of the European Union handed down its judgment in the "IP Translator" case.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Ruling On Meaning Of ‘Parody’

    On 3 September 2014, the ECJ handed down its judgment in Case C-201/13 Deckmyn en Vrijheidsfonds in which it gave guidance regarding the parody exception to copyright.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Agrees On Unified Patent System But Last Minute Dispute On Role Of ECJ Still To Be Resolved

    On 29 June 2012, the EU Council of Ministers reached a historic agreement in relation to the creation of an EU–wide patent and the creation of a centralised EU Patent Court.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Council Adopts EU Patent Regulations Following European Parliament’s Approval Of Legislative Package

    On 17 December 2012, the EU Council adopted two Regulations on the creation of an EU patent with unitary effect and on the language regime applicable to the EU Patent.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Publishes Studies On Protection Of Trade Secrets And On Parasitic Copying

    On 13 January 2012, the European Commission published two studies exploring the need for further harmonisation in the field of EU intellectual property rights.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    GMO Fears Lead To Controversial EU Court Ruling

    Europe’s relationship with GMO crops has traditionally been a very stormy one, to say the least.
    European UnionInternational Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Report On REACH Regulation Enforcement Efforts: Overwhelming Number Of Companies Still Failing To Comply

    Towards end-2011, the EU's Forum for Exchange of Information on Enforcement published a Facts Report on the Coordinated Forum REACH Enforcement Project.
    European UnionInternational Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Orders EU To Pay Damages For Excessively Long Court Proceedings For First Time

    On 10 January 2017, the General Court ("GC") issued a judgment in which it ordered the European Union to pay Gascogne and Gascogne Sack Deutschland ("Gascogne") a total of about € 57,000 in damages . . .
    European UnionLitigation, Mediation & Arbitration
    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

    Opinion Of Advocate General On Incompatibility Of Data Retention Directive With Charter Of Fundamental Rights

    On 12 December 2013, Advocate General Villalón (the "AG") delivered an interesting opinion (the "Opinion") in cases C-293/12 Digital Rights Ireland and C-594/12 Seitlinger and Others.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Paris Court Of Appeal Imposes Penalty Of € 500,000 On Online Platform Which Displayed Coty's Products Without Being Part Of Selective Distribution Network

    The Court therefore, in effect, took the view that it was legitimate to exclude this particular online-only platform from the network.
    FranceAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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