Case Law

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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]

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]

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]

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

Article Date: 27-01-2015
Categories: Intellectual Property Typology: Case Law
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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]

Mind the gap. Competing jurisdiction and arbitration clauses in different agreements between parties

Different jurisdiction clauses in agreements between the same parties High Court of Justice, Commercial Court

Article Date: 16-02-2015
Categories: Contract Law Typology: Case Law
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From Francesco Camilotti's blog - Comments (0)
In a recent case, AmTrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014), the Commercial Court considered whether the English court had jurisdiction to grant an injunction in circumstances where the parties had entered into a number of agreements with conflicting jurisd... [Read All]

Acquired distinctiveness through use in colour trade marks

Article Date: 12-02-2015
Categories: Intellectual Property Typology: Case Law
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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
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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
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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]
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