Altalex.EU Blog (View Profile)

The 2015 radical change in the Continuous Professional Development requirements for Solicitors

Article Date: 26-02-2015
Categories: Employment Law Typology: Articles
Tags:
From Altalex.EU Blog - Comments (0)
A completely new approach to the Continuous Professional Development (CPD) requirements for Solicitors in England and Wales will soon be progressively phased in. It will be available to solicitors on a voluntary basis starting 1st April 2015 before being made compulsory for all solicitors in Novembe... [Read All]

The right to parody in EU Copyright Law (Deckmyn v. Vandersteen)

Article Date: 27-01-2015
Categories: Intellectual Property Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
The so called InfoSoc Directive 2001/29 (on the harmonisation of certain aspects of copyright and related rights in the information society) provides that authors have the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction (by any means and in any form, ... [Read All]

Acquired distinctiveness through use in colour trade marks

Article Date: 12-02-2015
Categories: Intellectual Property Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
On June 19th 2014 the CJEU handed down a decision concerning colour trade marks and their acquired distinctiveness through use (i.e. the necessary degree of consumer recognition). The Austrian bank “Oberbank AG” and the Spanish bank “Santander SA” independently sought a decl... [Read All]

The economic crisis, mortgage enforcement proceedings and the powers of the national court regarding abusive clauses

Article Date: 09-02-2015
Categories: Consumer Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
The western economic crisis has particularly affected some European countries such as Spain, thus leading to a rise in enforcement proceedings, notably mortgage enforcement proceedings. The hardship created for some individuals led the authorities to have a closer look at the interest rate imposed o... [Read All]

''Age-neutral'' provisions with de-facto discriminatory effects are incompatible with EU law

Article Date: 02-02-2015
Categories: Employment Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
The Court of Justice of the European Union in its judgment in Hütter held that the Austrian legislation was contrary to the principle of equal treatment in employment and occupation on the basis of age, because, in determining the pay of contractual employees of the State, it did not take into ... [Read All]

Advocate General of CJEU: purchase of government bonds (OMTs) by the ECB in line with EU law

Article Date: 29-01-2015
Categories: Consumer Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
A little less than one year ago Germany’s Federal Constitutional Court made its very first reference to the CJEU under Art. 267 TFEU: the German Court challenged back then the legality of the Outright Monetary Transactions (OMT) programme announced by the ECB in a press release in September 20... [Read All]

An illegally staying third-country national employee falls within the scope of Directive 80/987

Article Date: 26-01-2015
Categories: Employment Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
Under Dutch legislation a third-country national without a valid residence permit is considered an employee and is entitled to a pay from the employer. To the contrary, such an employee who is not residing legally in the Netherlands is excluded from the insolvency benefit, which is provided for purs... [Read All]

Setting the maximum recruitment age for police officers at 30 years does not comply with EU law

Article Date: 19-01-2015
Categories: Employment Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
This request for a preliminary ruling, referred to the Court of Justice of the European Union by a Spanish court, concerned the maximum age limit imposed for the recruitment of police officers. According to the legislation of the Principality of Asturias, which was consequently followed by a respect... [Read All]

Secondary insolvency procedures may be brought in the Member State where a company has its main seat

Article Date: 22-12-2014
Categories: Business Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
In the instant case, the Brussels Court of Appeal referred a preliminary ruling to the CJEU regarding the interpretation of Regulation 1346/2000 on cross-border insolvency. In the domestic proceedings, the claim had been brought by an Italian company, which had a credit (for unpaid invoices) towards... [Read All]

Under certain circumstances the use of successive fixed-term contracts to recruit university lecturers is compatible with EU law

Article Date: 27-11-2014
Categories: Contract Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
It is quite common within various EU member states, that teaching personnel at universities and colleges is employed on successive fixed-term contracts. Do such practices comply with EU law and, in particular, with Directive 1999/70/EC? That was the main question referred to CJEU in case C-190/13. ... [Read All]
Syndicate content