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 […]
CJEU rules that airlines must pay compensation if a flight is brought forward by more than one hour
In the case of a reservation for a particular flight, a claim for compensation may possibly be brought against the operating air carrier even if the reservation has not been forwarded to that carrier The Landgericht Korneuburg (Regional Court, Korneuburg, Austria) and the Landgericht Düsseldorf (Regional Court, Düsseldorf, Germany) have before them a number of […]
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’), […]
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 […]
The TJUE agrees with Messi and endorses the registration of his trademark
The Court of Justice dismisses the appeals brought by EUIPO and a Spanish company against the judgment of the General Court authorising football player Lionel Messi to register the trade mark ‘MESSI’ for sports equipment and clothing In August 2011, the footballer Lionel Andrés Messi Cuccittini filed an application with the European Union Intellectual Property […]
The CJEU rules against the Italian law which prevents Vivendi from acquiring 28% of the capital of Mediaset
That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information In 2016, the French company Vivendi SA, which is the parent company of a group active in the media sector and in the creation and distribution of audiovisual content, launched […]
The CJEU invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield
However, it considers that Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries is valid. GDPR and the transfer of data The General Data Protection Regulation (‘the GDPR’) provides that the transfer of such data to a third country may, in principle, take place only […]
The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple
The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage for the purposes of Article 107 TFEU. In 2016 the Commission adopted a decision concerning two tax rulings issued by the Irish tax authorities (Irish Revenue) on 29 January 1991 […]