For the relevant public, that distinctiveness makes it possible to associate, according to EUIPO, the goods covered by the trade mark with DC Comics and to distinguish them from those of other undertakings. On 1 April 1996, DC Comics, the publisher of Batman, filed an application with the European Union Intellectual Property Office (EUIPO) for […]
CJEU declares the December 2019 reform of the Polish judicial system illegal.
Following the adoption, by Poland, on 20 December 2019, of a law amending the national rules relating to the organisation of the ordinary courts, the administrative courts and the Supreme Court (‘the amending law’), the European Commission brought an action for failure to fulfil obligations, asking the Court of Justice to declare that the regime […]
The CJEU concludes that purchasers of cars affected by “dieselgate” will be entitled to compensation.
The purchaser of a vehicle equipped with an unlawful defeat device has a right to compensation from the car manufacturer where that device has caused damage to that purchaser. The judgment of the Court of Justice in case C-100/21 deals with the liability of manufacturers of vehicles fitted with defeat devices. The proceedings are initiated […]
CJEU Judgment: UK Prestige arbitration cannot block Spanish ruling
By its judgment, the Court holds that Regulation No 44/2001 must be interpreted as meaning that a judgment entered by a court of a Member State in the terms of an arbitral award cannot prevent, in that Member State, the recognition of a judgment given in another Member State where a judicial decision resulting in […]
Can a ticket seller refuse to refund cancellation fees?
Judgment C-96/21 of the Court of Justice of the European Union (CJEU), handed down on 5 April, specifies the cases in which the right of withdrawal does or does not apply. This is triggered due to the restrictions adopted by the German authorities amid the COVID-19 pandemic, a concert that was due to take place […]
CJEU upholds the inadmissibility of the appeal against the climate package
The Court of Justice confirms that the action brought by families from the European Union, Kenya and Fiji against the EU ‘climate package’ of 2018 is inadmissible In 2018, families from various Member States of the European Union (Germany, France, Italy, Portugal and Romania), as well as from the rest of the world (Kenya and […]
CJEU refuses to apply interim measures for Junqueras to sit in EP
The appeal against the order of the Vice-President of the General Court dismissing Mr Junqueras i Vies’s application for interim measures is also dismissed By this order, the Vice-President of the Court of Justice dismisses Mr Junqueras i Vies’s appeal. The Vice-President confirms that, when a seat is vacant because the mandate of a Member […]