Case C-448/14, Davitas – is a mineral-based detox a novel food?

Micro-porous minerals have many industrial and agricultural applications in the sifting or storing of liquids or gases, or indeed the exchange of ions. However, one such mineral has now been milled and ground into a foodstuff for humans. Does that make it a ‘novel food’ for the purposes of the EU’s ‘novel foods and novel food ingredients’ Regulation (EC) No 258/97? More

Case C-410/14, Falk Pharma – objecting to a contract supplying a public body reduced-price medicine

If a public entity wishes to buy a drug but at a price below that charged by the manufacturer, and the entity advertises this in the Supplement to the EU’s Official Journal, then is any subsequent contract made by the entity governed by the EU procurement rules applicable to ‘public contracts’? Or can the entity point out that its notice and award of a contract was ‘an authorisation procedure’ which complied fully with the EU’s legal principles of non-discrimination, equality of treatment and transparency? More

Case C-470/14, EGEDA – will a state-financed ‘private copy’ scheme deliver fair compensation?

According to Article 5(2)(b) of the EU’s InfoSoc Directive 2001/29/EC, copyright holders can be paid ‘fair compensation’ for the copies of protected works made by people for private use. In some Member States this type of scheme is financed by levies on electronic equipment. However, Spain has decided to pay right holders directly from the state budget. Spanish copyright ‘collecting societies’ do not like this, and claim that the scheme contravenes EU law. More

Case C-347/14, New Media Online – using short videos to illustrate online newspaper articles

Online newspaper articles are sometimes illustrated by short edited videos. The legal question is whether the newspaper is offering an ‘audiovisual media service’ and thus subject to regulation by the EU’s audiovisual media services Directive 2010/13/EU. The answer is unclear. On the one hand, the video footage might be comparable in form and content to a television programme. On the other hand, there is a non-binding Recital in the Directive excluding the electronic version of newspapers and journals from the Directive. More

Case C-314/14, Sanoma Media Finland – exceeding the maximum amount of hourly advertising?

Media companies interrupt television programmes for advertising breaks. At the end of television programmes there is yet more advertising. According to Article 23 of the EU’s Audiovisual Media Services Directive 2010/13/EC, the maximum amount of advertising per hour is 12 minutes. In this case, a company has been exceeding that amount by splitting up what appears in the television screen so that while one programme’s end-credits roll other programmes are trailed, and during the trails the corporate logos and goods made by the sponsoring companies also appear on the screen. Is this not also corporate advertising that should rightly be included in the hourly amount of advertising? More