According to Advocate General Szpunar, the appeal brought by Mr Junqueras i Vies against the order of the General Court of the European Union delivered on 15 December 2020 must be dismissed That order declared that his action – directed against, inter alia, the declaration by the President of the European Parliament that his seat […]
The CJEU recognizes the rights of children of LGTBI couples
Child, being a minor and a Union citizen, whose birth certificate was drawn up by the host Member State and designates as parents two persons of the same sex: the Member State of which the child is a national is obliged to issue an identity card or a passport to that child without requiring a […]
European justice again refuses to restore Puigdemont’s immunity
The Vice-President of the General Court of the European Union refuses the new request for the suspension of waiver of the parliamentary immunity of Mr Carles Puigdemont i Casamajó, Mr Antoni Comín i Oliveres and Ms Clara Ponsatí i Obiols On 13 January and 10 February 2020, the European Parliament received requests for waiver of […]
The CJEU opposes the regime in force in Poland that allows the Minister of Justice to appoint judges by hand-picking.
EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts; secondments which that minister – who is also the Public Prosecutor General – may terminate at any time without stating reasons The requirement that judges be independent means that the rules relating to […]
CJEU prevents AC Milan from registering its crest as an international trademark
The General Court confirms that the sign representing the crest of the football club AC Milan cannot be registered internationally as a trade mark designating the Union for stationery and office supplies The high degree of aural similarity and average visual similarity of that sign with the earlier German word mark MILAN gives rise […]
The CJEU upholds a Murcian farmer’s claim against the King of Morocco for a mandarin variety
The European Court of Justice ruled last Thursday in favor of José Cánovas Pardo, S.L., a farmer from Murcia who exploits a protected mandarin variety whose property rights belong to the King of Morocco since 2004. Following an application lodged by Nadorcott Protection SARL on 22 August 1995 with the Community Plant Variety Office (‘the CPVO’), […]
General Court annuls agreements with Morocco that include Western Sahara
The General Court annuls the Council decisions concerning, first, the agreement between the European Union and Morocco amending the tariff preferences granted by the European Union to products of Moroccan origin and, second, the Sustainable Fisheries Partnership Agreement However, the effects of those decisions are maintained over a certain period in order to preserve the […]
CJEU: the sound produced when a beverage can is opened cannot be registered as a trademark since it has no distinctive character
The Court gives a ruling for the first time on the registration of a sound mark submitted in audio format An audio file containing the sound made by the opening of a drinks can, followed by silence and a fizzing sound, cannot be registered as a trade mark in respect of various drinks and for […]
CJEU ruling against Spain for failing to comply with several of its obligations to protect Doñana
Spain should have taken into account illegal water abstractions and those destined for urban supply in the estimation of groundwater abstractions in the Doñana region The Doñana Natural Area in Andalusia includes, among others, the Doñana National Park and the Doñana Natural Park. In 2006, three outstanding conservation areas of European importance under the Habitats […]