Case C-333/14, The Scotch Whisky Association – the market spirit for the spirit market

The poor drink more, and are the source of much greater health-related and other harm than the middle class and the rich – at least, that was the gist of some of the evidence placed before the Scottish Parliament. The legislature’s response was to write an Act that would create a minimum price per unit of alcohol. But even before the Act could come into force, its legality had been challenged by the drinks industry which is claiming that the Scottish legislation is incompatible with EU law. More

Case C-379/14, TOP Logistics – from lex mercatoria to lex markatoria?

Bacardi is one of the world’s drinks giants. Its products are traded globally. A proportion of its products ends up on the territory of the European Economic Area. Once there, the products are stored in legally-special warehouses until the world’s merchants decide whether to buy, sell, move or just hoard the products. The question in this case is whether a trade mark owner like Bacardi can really control the flow of the goods bearing its trade marks when those goods are just sitting in those special warehouses, and when it is not the legal owner of those goods? The answer in EU law seems to depend on whether the goods have been ‘imported’ because EU trade mark law allows a right holder to prohibit the ‘importing’ of trademarked goods. More

Case C-201/14, Bara – giving personal data and consent to processing for just one purpose

When a person must give their personal data to a state body for one particular purpose, can a different body use the data on that database without that person’s consent, especially when their data is going to be used for a different purpose? More

Case C-230/14, Weltimmo – regulatory competence over websites

If a Slovakian company runs a website that advertises Hungarian homes for sale, and Hungarian residents submit their personal data to the company’s website server, then in the event of the Slovakian company breaching data protection laws, does the Hungarian Data Protection Authority retain any regulatory competence to ensure that Hungarian data protection law is complied with? Or should the Hungarian Authority simply have requested its Slovakian counterpart to take action against the Slovakian company? More

Case C-242/14, Saatgut-Treuhandverwaltung – Community plant rights after the barley mow

Strains of plants can be protected by a type of EU IP law known as the Community plant right. Consequently, if a farmer wants to use a plant that is protected by a Community plant right he will need to pay money to the right holder. Here, the question is whether a right holder is entitled to a farmer’s money when the right holder has not complied with the formalities of German law, and it may not have complied with the wording of the EU’s Regulation 2100/94 on Community plant variety rights. More