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Claim of an individual investor against the bank established in another Member State which issued the securities

Article Date: 04-05-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case is about a consumer domiciled in Austria, Mr Kolassa, who, through an Austrian bank and its German parent company, invested around 68 000 euros in certificates (bearer bonds) issued by a UK bank (Barclays) with a branch in Germany, and lost everything. Mr Kolassa submits that the Austrian ... [Read All]

Desertion, Conscientious Objection, and Alleged War Crimes in post-war Iraq within asylum proceedings under Directive 2004/83/EC

Article Date: 27-04-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The historical basis of the case in hand can be traced down to the 2003 USA operation named “Iraqi Freedom”, during which the territory of Iraq was invaded and its civil polity was placed under the “transformative occupation”. The applicant, an American national and a contrac... [Read All]

Boston Scientific Medizintechnik is liable for the costs of operations to replace potentially defective pacemakers

Article Date: 20-04-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The CJEU, in an interesting judgement about the liability for product recall, has clarified the EU rules on liability for damage caused by potentially defective medical devices. In the given case, the issue was whether under the Directive 85/374 the manufacturer of potentially defective pacemakers ... [Read All]

Buyers or sellers may be hold liable for resale royalties, says CJEU

Article Date: 13-04-2015
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In a recent judgement, delivered on the 26th of February 2015, the CJEU has determined that the cost of the resale royalty of an original work of art may be borne by the buyer or the seller. The request for a preliminary ruling was referred to the CJEU by the Cour de Cassation, Paris (Court of Cass... [Read All]

The CJEU rules that the burden of proving the creditor's non-performance may not lie with the consumer

Article Date: 30-03-2015
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In this case, the Court delivered its judgement after a request for a preliminary ruling from the Tribunal d’instance d’Orléans (France). The request concerned the interpretation of Articles 5 and 8 of Directive 2008/48/EC of the European Parliament and of the Council on credit ag... [Read All]

"Accessibility" as one of the jurisdiction criteria for online copyright infringements

Article Date: 23-03-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Once again the CJEU was asked to determine which court has the jurisdiction to hear cases of online copyright infringement. Even though one of the core principles of copyright is territoriality, the internet makes copyright infringements possible from almost everywhere. That is why the Austrian Hand... [Read All]

The UK Competition and Markets Authority at (nearly) One

Article Date: 16-03-2015
Categories: Business Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
The Competition and Markets Authority will celebrate its 1st birthday on 1st April 2015. It is a new independent non-ministerial department of the UK Government, which is fully operating since 1 April 2014. It took over the work of the two main national competition authorities that were responsible ... [Read All]

Can dual citizens of Turkey and an EU Member State claim rights under the EU/Turkey association agreement?

Article Date: 12-03-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Mr Demirci and the other applicants of the case were all former Turkish workers, who had worked in the Netherlands for many years and were duly registered as belonging to the Netherlands labour force. After becoming disabled and incapacitated for work they had to permanently leave the labour force a... [Read All]

Important English decisions on the Rome II Regulation regarding the law applicable to traffic accidents

Article Date: 09-03-2015
Categories: Consumer Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
Regulation no 864/2007 of the European Parliament and the Council on the law applicable to non-contractual obligations (Rome II) came into force in 2009 in the European Union (minus Denmark). It applies only to events giving rise to damage occurring after 11 January 2009. There are several particula... [Read All]

In case of undertaking transfer, should collective agreement terms and conditions be fully maintained?

Article Date: 02-03-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The scope of Article 3(3) of Directive 2001/23/EC concerning the safeguarding of employees’ rights in the event of transfers of undertakings (and more particularly the interpretation of the “terms and conditions” maintained in the event of a transfer of undertaking) was once again ... [Read All]
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