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 […]
CJEU Judgment: Germany systematically and persistently exceeded limit values for nitrogen dioxide between 2010 and 2016
By this judgment, the Court of Justice held that Germany had infringed the Air Quality Directive by systematically and persistently exceeding, as from 1 January 2010 up to and including 2016, the annual limit value for nitrogen dioxide (NO2) in 26 of the 89 zones and agglomerations assessed. The infringement concerns the agglomeration of Berlin, […]
A Member State may refuse to recognise a driving licence that was merelyrenewed in a Member State
In Case C-47/20, a German national (F.) who is normally resident in Spain, has held a Spanish driving licence since 1992 (categories A and B). After having driven in Germany while intoxicated, he had his right to drive with that licence there withdrawn, on the ground of unfitness to drive. In addition, he was prohibited […]
Aid measures introduced by Sweden and Denmark for SAS damage
In April 2020 Denmark and Sweden notified the Commission of two separate aid measures for SAS AB, each involving a guarantee on a revolving credit facility of up to 1.5 billion Swedish kronor (SEK). Those measures were intended to compensate SAS in part for the damage resulting from the cancellation or rescheduling of its flights […]
Finland’s guarantee in favour of the airline Finnair is compatible with EU law
On 13 May 2020, Finland notified the Commission of an aid measure in the form of a State guarantee in favour of the Finnish airline, Finnair Plc, aimed at helping the latter obtain a loan of €600 million from a pension fund to cover its working capital needs. The guarantee, which was supposed to cover […]
Successive amendments to the Polish Law on the National Council of the Judiciary are liable to infringe EU law
By resolutions adopted in August 2018, the National Council of the Judiciary, decided not to present to the President of the Republic of Poland proposals for the appointment of five persons to positions as judges at the Supreme Court and to propose other candidates for those positions. The appellants lodged appeals against these resolutions before […]