The Luxembourg General Court gave Google a pass in September 2024, knocking out the Commission’s whopping €1.49 bn fine; honestly, many of us in the tech risk sector expected a quick confirmation of the penalty, making this annulment a massive surprise.
Continue readingAmidst the evolving professional landscape, the allure of autonomy, self-determination, and the prospect of crafting a unique career trajectory has gained significant traction. Legal Shield, operating within the multi-level marketing (MLM) framework and offering legal services, remains a focal point of this discourse for several decades. The pivotal question remains: Does Legal Shield present a bona fide opportunity, or is it emblematic of the typical MLM pitfalls? This article undertakes a comprehensive examination.
Continue readingCountries are forcing government officials to completely delete the TikTok app from all computers and smartphones.
Continue readingDoes a product that is sold as ‘Tofubutter’ but which lacks butter contravene the EU’s ‘agricultural products’ Regulation 1308/2013?
Continue readingThis case concerns a person with a Facebook account. He uses it not only to exchange private photographs and chat with about 250 friends but also for publicity purposes. The legal issue is whether this latter activity stops him from qualifying as a ‘consumer’. The definition matters because if he is a consumer, then he and several thousand other Austrians who are aggrieved at Facebook’s use of their personal data will be able to sue in the Austrian courts.
Continue readingThe Supreme Court of Gibraltar has made its first preliminary reference to the CJEU, and the burning issue is the free movement of hunters’ firearms.
Continue readingIf data retention powers are designed to combat serious crime such as terrorism, then can they be used to investigate a relatively minor offence such as robbery?
Continue readingWhen a company owns the Benelux rights in the design of a chair but then it fails to maintain the registration of its Benelux rights under Benelux law, can a rival company still be stopped from making similar chairs because of the links between the old Benelux law and current EU law? More specifically, what is the relationship between Benelux rights and the EU’s ‘term of protection’ Directive 93/98/EEC?
Continue readingNintendo is suing companies in the German courts for the alleged infringement of its design rights. However, the German courts wonder if they have jurisdiction to decide the case and the scope of any measures they might impose. The first problem is that the German defendant is only a subsidiary and its parent company is domiciled in France. The second problem is that although the defendant’s website has images on it that correspond to Nintendo’s design rights, these have been put there so that consumers know immediately that the defendant’s goods can be used in Nintendo’s games consoles.
Continue readingIn 2006, the EU’s ‘data retention’ Directive 2006/24/EC required telecoms companies to store data traffic. In its Digital Rights Ireland judgment of 2014, the CJEU annulled the Directive because the Directive was incompatible with the EU Charter. Six national courts have subsequently declared their national data retention laws to be invalid. However, in other Member States legal uncertainty surrounds what the CJEU actually decided and the legal effects that flow from it. In that context, a Swedish court has already made a preliminary reference to the CJEU. Now, the Court of Appeal of England and Wales has decided to make its own preliminary reference.
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