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  • Article

    New European Commission Proposal For Directive On Collective Representative Actions

    On 11 April 2018, the European Commission (the "Commission") published a new proposal on representative actions for the protection of the collective interests of consumers ...
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Sets Aside General Court's Judgment In "Spanish Tax Lease System" Case

    On 25 July 2018, the ECJ handed down its judgment in a case arising from the European Commission's 2013 decision on the "Spanish tax lease system" (Case C-128/16 P, Commission v Spain and others).
    European UnionFinance and Banking
    Van Bael & Bellis
Van Bael & Bellis
  • Article

    ECJ On Trade Mark Protection Of Quality Labels

    On 11 April 2019, the ECJ issued its judgment in the ÖKO-Test Verlag case (C-690/17) on the interpretation of Regulation 207/2009 on the European Union trade mark and Directive 2008/95 on the approximation of the laws ...
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Rules On Acquired Distinctive Character Of Kit Kat Shape Mark

    First, the Court looked at Cadbury's assertion that the trade mark had not been used with respect to all the relevant goods.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Parallel Trade: Rebranding Of Generic Medicine To Originator Brand Name Constitutes Trade Mark Infringement

    In reaching this conclusion, the Court referred to the Belgian regulatory framework which embraces the principle of "therapeutic freedom" which, as a rule, prohibits substitution in the deliverance of medicines.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Cruz Villalón On Applicable Law And Competent Authority For Data Protection

    In his Opinion, the Advocate General distinguished the issue of the law applicable to the data processing from the question of the competent supervisory authority.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Federal Court Of Justice Annuls Judgments On Fine Calculation In Liquefied Gas Cartel Case

    On appeal, the Higher Regional Court of Düsseldorf increased the fines imposed on the companies involved in the infringement.
    GermanyConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    UK CAT Awards 2 Travel £93,000 In Damages Against Cardiff Bus For Abuse Of Dominant Position In Cardiff Public Transport Market

    On 5 July 2012, the UK’s Competition Appeals Tribunal (CAT) handed down a judgment in which it ordered Cardiff Bus to pay 2 Travel plc £93,000 in lost profits and exemplary damages for having abusively forced it out of the Cardiff public transport market.
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Advocate General Considers Austrian Law Precluding Third Party Access To Cartel Documents "Disproportionate"

    On 7 February 2013, EU Advocate General Jääskinen issued his Opinion on two questions referred to the Court of Justice of the European Union.
    AustriaAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Adopts Second Settlement Decision In Industrial Battery Cartel Case

    On 23 February 2016, the College of Competition Prosecutors of the Belgian Competition Authority adopted its second settlement decision involving six battery manufacturers on account of their involvement in a price fixing cartel between 2004 and 2014.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Dismisses Spira’s Appeal Against Decision To Close De Beers Case

    This decision appears to mark the end of a long judicial saga involving Spira BVBA ("Spira"), a Belgian dealer of rough diamonds, and De Beers, the world's leading producer of rough diamonds.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Annuls Once More Decision To Lift In Part Kinepolis Merger Commitments

    In 2010, following a four-year legal battle, Kinepolis succeeded in having the commitments partially lifted.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Joint Lobbying Activities Do Not Constitute Anticompetitive Concerted Practices Says Brussels Court Of Appeal

    The Brussels Court of Appeal (Hof van beroep te Brussel / Cour d'appel de Bruxelles) overturned a 2013 decision of the Belgian Competition Authority fining cement companies involved in an alleged cartel.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Constitutional Court Considers Differences in Minimum Paid-Up Capital of Private Limited Liability Companies Objective, and Related Sanctions Proportionate

    In a decision dated 16 December 2010, the Constitutional Court (Grondwettelijk Hof/Cour Constitutionnelle) ruled on a preliminary question on the raised minimum paid-up capital (volgestort/libéré) of a single member private limited liability company (éénhoofdige besloten vennootschap met beperkte aansprakelijkheid/société privée à responsabilité limitée unipersonelle).
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    New Belgian Ultimate Beneficial Owner Register

    The Royal Decree of 14 August 2018, which will enter into force on 31 October 2018, defines the regulatory framework for the new central register of beneficial ownership.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Supreme Court Condemns Yahoo For Failure To Cooperate With Belgian Law Enforcement Officials

    On 1 December 2015, the Supreme Court confirmed a judgment of the Court of Appeal of Antwerp which had imposed a substantial fine on Yahoo! for failing to comply with the obligation to cooperate with Belgian law enforcement officials.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Law Of 4 April 2019 Aims To Simplify Organisation Of Social Elections

    Employers should normally keep a special personnel register which includes the average employment of temporary employees.
    BelgiumEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Better Protection Of Consumers And More Competences For FSMA

    The Laws of 30 and 31 July 2013 increasing the protection of purchasers of financial products and services and broadening the competences of the financial regulator were published in the Belgian Official Journal on 30 August 2013
    BelgiumFinance and Banking
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Constitutional Court Adopts Position Regarding Validity Of Contractual Notice Clauses

    Under that regime, the notice period to be observed by the employer must be determined in accordance with a two-step-calculation.
    BelgiumGovernment, Public Sector
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Applies And Clarifies Criteria For Parallel Importation Of Medicines

    In a recent decision, the Court of Appeal of Brussels has issued an interesting judgment discussing the obligations imposed on parallel importers of medicines.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
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