Case Law

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Threshold to grant an anti-arbitration injunction against proceedings abroad

Article Date: 26-10-2015
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
A few weeks ago (8th July 2015), the High Court of Justice (Queen's bench division, Commercial court) delivered its judgment in the case between AmTrust Europe Limited and Trust Risk Group SpA ([2015] EWHC 1927 (Comm)). The Court refused ATEL's application to grant an anti-suit injunction. ... [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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From Altalex.EU Blog - Comments (0)
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]

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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From Altalex.EU Blog - Comments (0)
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]

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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From Altalex.EU Blog - Comments (0)
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]

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]
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