Case C-642/16, Junek Europ-Vertrieb – can its sticky label stop the artificial partitioning of the internal market?

A German company sells a trademark medical dressing. Having exported some of its stock to Austria, it was surprised to see this subsequently turn up in a German pharmacy. Unsurprisingly, the German company wants to stop its German prices from being undercut. Consequently, it has invoked the EU’s ‘trade mark’ Regulation 207/2009. This is because Article 13(2) allows it to prohibit the further commercialisation of its goods ‘in particular’ where these have been changed or their quality impaired. In that context, the German company is objecting to the Austrian importer-exporter having applied a sticky label to the packaging. However, the legal question is: does Article 13(2) bite at all because the sticky label was only on an otherwise blank part of the outer-packaging so there has been no change to the goods or impairment of their quality. More

Case C-229/16, Ministério da Saúde – not just any old debtor but a public health debtor

There is a rule in the EU’s ‘late payment’ Directive 2000/35 that an invoice should be paid within 30 days. The question is: does the Directive apply to the Portuguese Ministry of Health in respect of the money it owes to the people who run Portugal’s pharmacies? More

Case C-510/16, Carrefour Hypermarchés – at the cross roads between tax and state aid

A decade ago, French supermarket chains sold and even rented videos to their customers. Although the supermarkets paid a tax on every transaction, they now want their money back. They claim that the charge was not a tax but was part of a mechanism for financing an illegal state aid to the French film industry. More

Case C-397/16, Acacia – the replica wheel deal

Acacia makes replica car wheels that fit Audis, BMWs, or Porsches. However, Acacia has been sued in several EU Member States and the defences it has raised are now the subject of three different preliminary references; two are from the Italian courts, and one is from the German Supreme Court. The central legal questions are whether Acacia’s replica wheels infringe EU-protected ‘design’ rights, and which court is competent to hear such a dispute? More