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In favor of a clear exclusive jurisdiction clause

Article Date: 13-07-2015
Categories: Business Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
On 23rd April 2015, the Court of Appeal of England and Wales delivered its decision in the case between Chinese company Hin-Pro International Logistics Limited and Chilean company Compania Sud Americana De Vapores S.A. ([2015] EWCA Civ 401). The key issue was whether a clause in bills of lading pro... [Read All]

Brussels I bis and employers based outside the European Union

Article Date: 06-07-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The High Court of Justice of England and Wales delivered last week its decision in Petter v. EMC Europe Ltd and EMC Corporation (22nd May 2015, [2015] EWHC 1498 QB). Petter is a former senior employee of the European subsidiary of a US company who issued proceedings in March 2015 in England and ser... [Read All]

On the Gemeinspruch that being Homosexual makes you Unsuitable Blood Donor: Léger Judgment of the CJEU in Case C-528/13

Article Date: 29-06-2015
Categories: Family Law Typology: Case Law
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According to the Eurobarometer (2010) some four out of ten European citizens have donated blood just once, while Austria, France, Cyprus, and Greece seem to hold a strong pro-donation quantitative advantage vis-à-vis other European nations. Furthermore, the overall tendency is shifting toward... [Read All]

The 2005 Convention on Choice of Court Agreements to come into force on 1st October 2015

Article Date: 22-06-2015
Categories: Business Law Typology: Articles
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On 30th June 2005, the Hague Conference on Private International Law concluded a Convention on Choice of Court Agreements. The EU as a Regional Economic Integration Organisation became a Member of the Hague Conference on Private International Law in 2007. On 11th June 2015, the EU approved the 2005 ... [Read All]

An ambitious Action Plan for Belgian Civil Justice

Article Date: 15-06-2015
Categories: Business Law Typology: Articles
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On 18 March 2015, the Minister of Justice Koen Geens presented his Action Plan for Justice (Plan Justice) to the Belgian Parliament. The Plan starts with a quote from US President Eisenhower: “No battle was ever won according to plan, but no battle was ever won without one”. The Minister... [Read All]

Contracts for the provision of legal services and Directive 93/13/EEC on unfair terms in consumer contracts

Article Date: 08-06-2015
Categories: Consumer Law Typology: Case Law
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Ms Šiba concluded with Mr Devėnas, in his capacity as a lawyer, three standard‑form contracts for the provision of legal services for a fee. The arrangements for payment of fees and the periods within which payment was to be made were not specified in those contracts; the contracts also di... [Read All]

Article 101 TFEU, notion of undertaking and succession of undertakings

Article Date: 25-05-2015
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Article 101 TFEU specifies the rules applicable to the behaviour of undertakings. Its purpose is to control anti-competitive behaviour entered into between different undertakings. The general prohibition in article 101 is followed by a non-exhaustive list of examples of anti-competitive practices su... [Read All]

A boost to private enforcement in competition law: the UK Consumer Rights Act 2015 collective proceedings

Article Date: 18-05-2015
Categories: Consumer Law Typology: Articles
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The Consumer Rights Act 2015 received Royal Assent on 26th March 2015 and should come into force in October 2015. One of its main aims is to encourage SMEs and consumers to bring private actions in competition law. This was made clear in the Research Paper produced to inform the debate on the Consum... [Read All]

The unfairness of Facebook’s jurisdiction clause

Article Date: 18-05-2015
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In 2008, Frédéric X opens a Facebook account. In 2011, his account is suspended. The decision does not mention it but Facebook did so because Frédéric X posted the famous painting ‘The origin of the World’ (Gustave Courbet) on his Facebook profile. Fréd... [Read All]

Too well known for your own good. Free movement of goods and protection of trade marks

Artificial partitioning of the market. How the re-branding of a drug by a parallel importer was ruled lawful by the Court of Appeal of England & Wales (Civil Division)

Article Date: 11-05-2015
Categories: Intellectual Property Typology: Case Law
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The Court of Appeal found that the enforcement against a parallel importer of a trade mark used for a pharmaceutical product created an artificial partition in the market in the UK and was a disguised restriction on trade between Member States which made it unlawful, pursuant to art.36 TFEU. The Ap... [Read All]
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