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  • Article

    Taste Of Food Product Does Not Qualify For Copyright Protection

    Convinced that these practices infringed its copyright in the taste of "Heksenkaas", Levola brought an action against Smilde for copyright infringement.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Supreme Court Rules On Validity Of North Atlantic Treaty Organisation's Arbitration Clause In Light Of Article 6 European Convention On Human Rights

    In 2010, NATO terminated the service agreement and Mr. P then brought an action for damages before the Belgian courts.
    BelgiumLitigation, Mediation & Arbitration
Van Bael & Bellis
Van Bael & Bellis
  • Article

    New Bill Amending Various Rules On Data Protection And Electronic Communications

    On 5 April 2012, a new bill amending various provisions concerning Electronic Communications (the "Bill") was submitted to the Belgian Parliament.
    BelgiumMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Cartels And Horizontal Developments In The EU In April 2018

    In this article, we give a factual overview of a significant case development at EU level, and then provide a more detailed analysis of the developments addressed.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Clarification Of Concept Of Cartel ‘Facilitator'

    Under EU case-law, the burden of proof with respect to the establishment of participation by an undertaking in an infringement and liability for all of its constituent elements is on the Commission.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Reduces YKK Stocko's Fine In Fasteners Cartel Case

    On 4 September 2014, the Court of Justice of the European Union ("ECJ") handed down its judgment on appeals brought by YKK.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Europe - ECJ Hands Down Preliminary Ruling On Post-Term Non-Compete Obligation In Franchise Agreement

    The Court of Justice of the European Union has recently handed down its ruling in response to a preliminary reference from a Spanish court that had questioned the meaning of the phrase "premises and land from which the buyer has operated during the contract period" in Article 5(b) of the 1999 Vertical Agreements Block Exemption Regulation in the context of a franchise agreement.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    General Court Orders EU To Pay Damages For Excessively Long Court Proceedings In Flat Glass Cartel Case

    On 7 June 2017, the General Court delivered a judgment in relation to an action claiming damages for excessive duration of judicial proceedings and for an infringement of the principle of equal treatment...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Obliging Consumers To Incur Costs For Prize Already Won Is Always Unfair Commercial Practice

    On 18 October 2012, the Court of Justice of the European Union ("ECJ") answered a preliminary question from a UK jurisdiction in case Purely Creative Ltd. et.al. v. Office of Fair Trading (C-428/11).
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    The Court Of Justice Provides Further Guidance On Long-Term Exclusive Purchase/Non-Compete Obligations

    On 4 December 2014, the European Court of Justice issued an order addressing two preliminary questions from the Spanish Supreme Court concerning an exclusive purchase obligation.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Holds That Commercial Agents May Work From Principal's Business Premises And Perform Other Activities For Same Principal

    ECJ Holds That Commercial Agents May Work From Principal's Business Premises And Perform Other Activities For Same Principal.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Rules On Application Of Misleading And Comparative Advertising Directive To Registration And Use Of Domain Names And Use Of Metatags

    The Court of Justice of the European Union recently held that the term "advertising", as defined in Article 2(1) of now repealed Council Directive 84/450/EEC of 10 September 1984 may include the use of (i) a domain name; and (ii) metatags in a website’s metadata.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    German Court Applies Criteria Set By The ECJ In Coty

    On 12 July 2018, the Higher Regional Court of Frankfurt handed down its judgment in a dispute between Coty Germany GmbH, a supplier of cosmetics, and Parfümerie Akzente, a member of its selective distribution system.
    European UnionCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Increased Employee Protection In Belgian Insolvency Proceedings By Transfer Of Undertakings

    On 23 April 2012, Echo NV entered into a judicial reorganisation proceeding.
    European UnionEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    GMOs: A Principle Established With…Precaution

    In the midst of the debate over the co-existence of traditional and GM crops, the Court of Justice of the European Union (ECJ) has delivered two very important judgments in the space of a few days.
    European UnionFood, Drugs, Healthcare, Life Sciences
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Beatles Stop ‘BEATLE’ Electric Mobility Aids Trade Mark

    In its judgment of 29 March 2012, the General Court ("GC") confirmed the decision of the Office of Harmonisation for the Internal Market.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Copyright And Communication To Public In Hotel Rooms

    According to Rundfunk, Edelweiss must thus pay the appropriate fees to obtain authorisation from the right holders.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Holds That Multimedia Players Integrating Hyperlinks To Movies Infringe Copyright

    The Referring Court stayed the proceedings and referred two questions for a preliminary ruling to the ECJ.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Departs From AG Campos' Opinion To Hold That Warehouse Storage Of Copyright-Infringing Products Does Not Always Amount To Act Of Distribution

    In assessing the intention of the seller, the ECJ offered guidance to the national court.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Parliament And Council Of European Union Endorses Proposal For A New Copyright Directive

    The Copyright Directive will create favourable conditions for cross-border distribution of television and radio programmes online.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Showing 761–780 of 987 results

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