The General Court holds that McDonald’s has not proved genuine use within a continuous period of five years in the European Union in connection with certain goods and services. Supermac’s and McDonald’s, an Irish and American fast-food chain respectively, are involved in a dispute regarding the EU trade mark Big Mac. That trade mark had […]
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More than 27 000 unitary patents registered in the first successful year of the unitary patent system
Over the first successful year of application of the Unitary Patent system, the European Patent Office (EPO) has already registered more than 27,000 unitary patents. This means that on average, almost one in four (23%) granted European patents apply across all participating Member States. This rate is also steadily increasing. The uptake rate reaches almost […]
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CJEU Judgment: The order button or a similar function must clearly indicate that the consumer is subject to a payment obligation by clicking on it
This applies even where the obligation to pay is also dependent on the satisfaction of a subsequent condition. In Germany, the tenant of an apartment – the monthly rent of which was higher than the maximum ceiling permitted under national law – asked a debt recovery undertaking to request his landlords to repay rent overpayments. […]
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European Commission fines Mondelēz, maker of Milka and Oreo, €337.5m for restrictions on cross-border trade
The European Commission has fined Mondelēz International, Inc. (Mondelēz) €337.5 million for hindering the cross-border trade of chocolate, biscuits and coffee products between Member States, in breach of EU competition rules. The Commission remains committed to bringing down unjustified barriers to ensure a better functioning of the Single Market. Territorial supply constraints by suppliers are a […]
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The Commission decides to refer SPAIN to the Court of Justice of the European Union for failing to implement taxation rules set out by the Merger Directive
The European Commission decided to refer Spain to the Court of Justice of the European Union for failure to ensure correct implementation of the Merger Directive on the common system of taxation applicable to Member States (Directive 2009/133/EC). The objective of the Merger Directive is to remove fiscal obstacles to cross-border reorganisations involving companies situated in two […]
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CJEU Judgment: frontier workers must enjoy the same social advantages as resident workers
A Belgian national works in Luxembourg and lives in Belgium. As a frontier worker, he depends on the Luxembourg system for family allowances, which he received for several years for a child placed in his household by a court order. In 2017, the Luxembourg Caisse pour l’avenir des enfants (CAE) (Children’s Future Fund) nevertheless withdrew […]
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European Commission initiates formal proceedings against Meta under the Digital Services Act in relation to the protection of minors on Facebook and Instagram
The Commission has opened formal proceedings to assess whether Meta, the provider of Facebook and Instagram, may have breached the Digital Services Act (DSA) in areas linked to the protection of minors. The Commission is concerned that the systems of both Facebook and Instagram, including their algorithms, may stimulate behavioural addictions in children, as well as […]
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European Commission intends to end Article 7 procedure against Poland after improvements in rule of law
The European Commission has finalised its analysis on the rule of law situation in Poland in the context of the Article 7(1) TEU procedure. The Commission considers that there is no longer a clear risk of a serious breach of the rule of law in Poland within the meaning of Article 7(1) of the Treaty […]
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European Commission initiates formal proceedings against Facebook and Instagram under the Digital Services Act
The European Commission has opened formal proceedings to assess whether Meta, the provider of Facebook and Instagram, may have breached the Digital Services Act (DSA). Commission President Ursula von der Leyen declared on 30 April: “This Commission has created means to protect European citizens from targeted disinformation and manipulation by third countries. If we suspect […]
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