The Supreme Court of Gibraltar has made its first preliminary reference to the CJEU, and the burning issue is the free movement of hunters’ firearms.
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Case C-24/16, Nintendo – jurisdiction by design
Nintendo 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 readingCase C-114/15, AUDACE – audacious French farmers buy Spanish veterinary medicinal products
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.
Continue readingCase C-148/15, Deutsche Parkinson Vereinigung – bonuses for buying Dutch mail order medicines
In Germany, prices for medicines are not subject to competition for they are set nationally. Consequently, is it contrary to EU law for members of a German patients’ association to buy their prescription medicines from a Dutch mail order company and qualify for bonuses on their purchases?
Continue readingCase C-547/14, Philip Morris Brands – the Second Tobacco Products Directive is invalid
Is the EU’s Second Tobacco Products Directive 2014/40/EU invalid?
Continue readingCase C-291/13, Papasavvas – online libel, defamation and injurious falsehood
To what degree does the EU’s E-Commerce Directive 2000/31 cover online libel, defamation and injurious falsehood?
Continue readingCase 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-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?
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