Von der Leyenโs Commission dodges public responsibility over Pfizergate texts
European Commission lawyer “cannot deny” texts were exchanged, but argued they were not “substantive.”
General Court
EU court refuses trademark for Ukraineโs โRussian warshipโ insult
The phrase was used in a political context, with the aim of expressing and promoting support for Ukraine.
Ukraine loses fight to trademark โRussian warship, go f**k yourselfโ slogan
The phrase has become a symbol of Kyiv’s resilience against Moscow โ but that didn’t clear the bar for EU intellectual property enforcers or judges in Luxembourg.
Pyrrhic victory for the Greek government: the CJEU rules on Turkey as a โsafe third countryโ
Professor Steve Peers, Royal Holloway University of London
Photo credit: Mstyslav Chernov, via Wikimedia
Commons
Hamster idiom credit: Adam Sharp
(Thanks to Zoe Gardner for discussion of the case;
the following analysis is my own)
Introduc…
Google scores surprise court win on EU antitrust fine
Judges say the European Commission made errors in assessing the search giant’s advertising contracts with publishers.
Top EU Court annuls a โฌ1.49 billion fine on Google
The European Union’s General Court annulled the Commission’s โฌ1.49 billion fine on Google for anticompetitive behaviour with its AdSense product on Wednesday (18 September), leaving the Commission just over two months to appeal.
Top EU court orders Apple to pay โฌ13 billion tax bill
Apple must pay a โฌ13 billion tax bill as per a ruling from the European Court of Justice (ECJ), which experts deem gives weight to Ireland being dubbed, by some, a ‘tax-safe haven’.
Google loses court battle over first EU antitrust fine
The Court of Justice said Googleโs practice of favoring its own shopping search results over rival services โwas discriminatory.โ
European Commission scores stunning court win in โฌ13B Apple tax row
Competition czar Margrethe Vestagerโs surprise victory against Apple vindicates her finding that the tech giantโs Irish tax deals were illegal aid.
Margrethe Vestagerโs legacy faces day of reckoning in Apple and Google rulings
The EUโs top court rules on final appeals of Appleโs state aid payback and Googleโs first big antitrust fine.
Bringing a claim of compensation for harm suffered as a result of alleged psychological harassment by the Head of Mission and his Deputy before the EU Courts: Montanari v Eucap Sahel Niger (Case T-371/22)
Antje Kunst*
* Antje Kunst is an
international lawyer and barrister of a UK based Chambers, specialised in EU
and international public law, human rights and litigation. She is admitted to
the Bar of England and Wales, and th…
Only one bite at the cherry: Appealing a default judgment of the General Court to the Court of Justice, and simultaneously asking the General Court under the specific remedy to set aside its own default judgment is not permitted: Eulex Kosovo v SC (Case C-785/22 P)
Antje Kunst*
* Antje Kunst is an
international lawyer and barrister of Pavocat Chambers, admitted to the Bar of
England and Wales, and the Bar of Berlin, advising and representing individuals
in a wide range of matters related to …
Big Mac vs. Supermac: McDonaldโs losesย EUย trademark fight
EU top court ruling says the fast food giant can no longer trademark Big Mac for chicken.
EU court rules Poland must pay โฌ68m bill in Turow coal mine case
Warsaw will have to pay โฌ68 billion in EU fines over the continued operation of the Turow coal mine despite court orders to the contrary, the EU’s lower court found, although Poland may seek to escalate the issue.
EU prosecutors threaten to sue Commission in spending spat
European Public Prosecutor’s Office says budget move means it may no longer be able to focus on its investigative operations.
Access to documents: an important victory for transparency in ClientEarth v Council
Dimitrios Kyriazis (DPhil, Oxon),
Assistant Professor in EU Law at the Law School of the Aristotle University of
Thessaloniki.
Photo credit: Bela Geletneky, via Wikimedia
Commons
In ClientEarth
v Council (Joined Cases T-682…
โPablo Escobarโ canโt be registered as EU trademark, court rules
The court based its decision on the feelings of ‘reasonable Spaniards.’
EU court removes Russian oligarchs Fridman, Aven from sanctions list
The two businessmen were sanctioned over Russia’s war in Ukraine.
[Interview] Lawyer suing Frontex takes aim at ‘antagonistic’ judges
Judges at the European General Court are demanding absurd levels of evidence for asylum seekers wanting justice over alleged abuses, says a lawyer suing the EU’s border agency Frontex.
F1 driver Nikita Mazepin overturns EU ban imposed after Russian invasion
Former Haas driver sacked two years ago after being sanctionedCourt rules โassociationโ with father not enough to merit banThe former Formula One driver Nikita Mazepin has overturned European Union sanctions imposed against him as a response to Russiaโ…
Rihanna Instagram post lands Puma in a hopeless place with Europe
Court rules that the singer’s post of shoes means the company forfeits right to protect its designs.
Eva Kaili faces jail if she speaks to journalists about Qatargate
Greek MEP’s lawyers send EU lawmakers a legal order from the investigative judge in charge of the case.
The Council must swiftly implement a legal framework akin to the CEOS for staff employed in CSDP missions: Reflections on the Jenkinson litigation (Case C-46/22 P)
Antje Kunst*
Photo credit: Jan-Tore
Egge, via Wikimedia
Commons
Introduction
The Court of Justice of the
European Union in its judgment in Jenkinson
v Council and others ( Case C-46/22 P) of 18 January 2024 dismissed the
appeal brought by Mr…
Lego wins design case against German company at EU court
Rival toymaker loses fight over bricks.
Foreign policy sanctions and criminal law harmonisation
Professor Steve Peers, Royal
Holloway University of London
Photo credit: Pierre
Blachรฉ, via Wikicommons
*This blog post draws upon and
updates research for the 5th edition of EU
Justice and Home Affairs Law (OUP,
2023)
…
Avoiding litigation about patents โ whatโs not to like?
Transparency at the heart of Commissionโs proposed patents regulation is a sensible and decent plan to build upon, says former judge of the General Court of the EU.
The son of a leading businessperson under the Russian sanctions framework before the CJEU: Ongoing relevance of the Tay-Za case law
By Antje Kunst*
Photo credit: Alvegaspar, via Wikicommons media
Many challenges before the EU
General Court of listings or re-listings of Russian oligarchs and their
immediate family members have been unsuccessful in recent past. …
Roman Abramovich loses bid to overturn EU sanctionsย
Abramovich had asked for โฌ1 million to make up for damage to his reputation.
EUโs top court rules in favour of Amazon in โฌ250m tax dispute
The EUโs top court rejected on Thursday (14 December) a decision of the European Commission that, in 2017, ordered Amazon to pay back โฌ250 million in unpaid taxes to Luxembourg.ย
Europolโs Joint and Several Liability Regime: Revolutionizing EU Fundamental Rights Responsibility?
Dr Joyce de Coninck, University
of Ghent
Photo credit: Oseveno
Introduction
The Europol Regulation introduces
a system of joint and several EU liability for unlawful data processing in
violation of Article 7 and 8 of the Chart…