Today, the Commission has opened a second formal proceedings against TikTok under the Digital Services Act (DSA). Today’s opening is to assess whether the company may have breached the DSA when launching TikTok Lite in France and Spain. Under the DSA, designated Very Large Online Platforms are obliged to submit a risk assessment report, including measures to […]
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CJEU: The name Pablo Escobar cannot be registered as an EU trade mark
The public would associate that name with drug trafficking and narco-terrorism. On 30 September 2021, Escobar Inc., established in Puerto Rico (United States), filed an application with the European Union Intellectual Property Office (EUIPO) for registration of the word sign Pablo Escobar as an EU trade mark for a wide range of goods and services. […]
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CJEU clarifies: the supervisory authority of a Member State may order the erasure of unlawfully processed data even in the absence of a prior request by the data subject
Such erasure may cover data collected from that person and data originating from another source. In 2020, the municipal administration of Újpest (Hungary) decided to provide financial support to persons who had been made vulnerable by the COVID-19 pandemic. To that end, it asked the Hungarian State Treasury and the government office of the fourth […]
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Violence against women: the Court clarifies the conditions for qualifying for international protection
Women, as a whole, may be regarded as belonging to a social group, within the meaning of Directive 2011/95, and qualify for refugee status if the conditions laid down by that directive are satisfied. This will be the case where, in their country of origin, they are exposed, on account of their gender, to physical […]
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CJEU: People with disabilities can set age bracket requirements for their personal assistant.
The hiring of a personal assistant to help a disabled person in everyday life may be limited to persons within the same age range The ensuing difference of treatment on grounds of age may be justified having regard to the nature of the personal assistance services provided AP Assistenzprofis is a Germany company specialising in […]
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CJEU: Public administration may prohibit the wearing of religious symbols by all its employees
Wearing of religious symbols in the workplace: a public administration may decide to prohibit all of its employees from wearing such signs. National courts examine whether the measures taken reconcile freedom of religion with the legitimate objectives underlying that prohibition. In order to put in place an entirely neutral administrative environment, a public administration may […]
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Resolution of Banco Popular: affected shareholders and creditors were not entitled to compensation from the Single Resolution Fund
They would not have received better treatment in the event of the liquidation of the bank than that resulting from its resolution After the global financial crisis of 2008, the EU legislature put in place a number of measures (Banking Union) aimed at protecting EU financial markets. One of those measures is the Single Resolution […]
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CJEU orders Sweden to pay 8,500,000 euros for late transposition of the amended Firearms directive
On 26 July 2019, the Commission called on Sweden to comply with the amended Firearms Directive, by 26 September 2019 at the latest. The period for transposing those amendments into Swedish law had expired on 14 September 2018. In May 2022, the Commission requested the Court of Justice to declare that Sweden had failed to […]
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Legal battle over the DIEGO MARADONA trade mark: the General Court of the European Union confirms the EUIPO’s refusal to register the transfer of that trade mark in favour of the Argentine company Sattvica
The documents submitted in support of the request for registration of the transfer do not justify an assignment of the trade mark to that company Sattvica is a company established in Buenos Aires (Argentina) belonging to the former lawyer of the football player Diego Armando Maradona. In July 2001, Maradona applied to the European Union […]
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