When you use a telephone or go onto the internet a company registers and stores data about you. Companies are obliged to do this not for billing purposes but because of the EU’s data retention Directive 2006/24/EC. Can you access this ‘retention data’, and if not, is this compatible with the EU Charter?
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Case C-583/12, Sintax Trading – who decides whether imported goods infringe design rights?
For the purposes of the EU’s counterfeit goods Regulation No 1383/2003, who is to decide on whether the design of 64 000 bottles of mouthwash imported into Estonia from Ukraine infringes a registered design in Estonia?
Continue readingCase C-458/12, Lorenzo Amatori – transfer of undertakings and Telecom Italia
For the purposes of the EU’s transfer of undertakings Directive 2001/23 is there a transfer of a part of an undertaking where, at the time of the transfer, the part which was transferred could hardly have been said to be functionally autonomous; and where, even 8 months after the transfer, that part was making no profit for the transferee and the losses were being borne by the transferor?
Continue readingCase C-466/12, Svensson – hyperlinks and communicating works to the public
Does putting a hyperlink on a website constitute a copyright-relevant ‘communication to the public’ under the EU’s InfoSoc Directive 2001/29?
Continue readingCase C-463/12, Copydan Båndkopi – Danish private-copy ‘fair compensation’ and EU copyright law
For the purposes of the EC’s InfoSoc Directive 2001/29, must Nokia pay a Danish collecting society the private-copy ‘fair compensation’ levy when importing memory cards into Denmark for use in its mobile telephones?
Continue readingCase C-449/12, van Luijk – No fingerprints? No Dutch passport.
Are the Dutch rules requiring passport applicants to be fingerprinted and to have their biometric data stored initially in local registers, and then in a central register, compatible with EU law?
Continue readingCase C-447/12, Kooistra – No fingerprints? No Dutch ID card.
Are the Dutch rules that require four fingerprints to be taken from people wishing to have a Dutch identity card compatible with EU privacy law?
Continue readingCase C-446/12, Willems – No fingerprints? No Dutch passport. No travel outside the EU.
Are the Dutch rules requiring the fingerprinting of all applicants for a Dutch passport compatible with EU law?
Continue readingCase C-521/11, Amazon – Austrian private-copy ‘fair compensation’ and EU copyright law
Is the private-copy levy system of Austrian copyright law compatible with the EC’s InfoSoc Directive 2001/29 when national law: (a) puts the levy on all blank recording-media irrespective of whether the media are marketed to intermediaries, to natural or legal persons and for use other than for private purposes; (b) offers refunds in some circumstances but not others; and (c), only pays authors half of the net ‘fair compensation’ monies collected and gives away the other half to Austrian cultural organisations?
Continue readingCase C-311/12, Kassner – does EU law stop the social partners eroding paid annual leave?
French farmers have been nipping over the Spanish border to go shopping for their veterinary medicinal products. This is not allowed under French law, only French-authorised wholesalers can import veterinary drugs. The French farmers wonder if the internal market exists.
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