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.
Continue readingCategory Archives: Freedom to provide services
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-530/15, Melitta France – card core, hardcore packaging law
Inside a roll of toilet paper is a cardboard core. Does this internal element form part of the toilet paper’s packaging? It is a question which has stymied the French courts. The answer depends on the word ‘packaging’ which is found in the EU’s ‘packaging and packaging waste’ Directive 94/62/EC. If the answer is that the cardboard core does constitute packaging, then potential casualties of the CJEU’s ruling will not just be France’s toilet-paper makers but also France’s manufacturers of absorbent kitchen paper, aluminium foil, and even cling film. However, if the answer is no, then the Conseil d’État would like to know whether the EU Commission has acted ultra vires when enacting an ancilliary packaging Directive that has expanded the definition of ‘packaging’ still further. Many millions of euro are at stake.
Continue readingCase C-526/15, Uber Belgium – facilitating a mobility service not a taxi service
Do occasional private car drivers who use Uber’s software and get paid to take people on journeys but who do not receive remuneration or a wage, provide a taxi service requiring a license?
Continue readingCase C-434/15, Asociación Profesional Élite Taxi – Uber’s new software destroys the old order of labour
Traditionally, people wanting to be driven from A to B could hail a cab on the street. Subsequently, cabs could be hailed by telephoning for one. Now it is possible to use a smartphone to organise an ‘electronic hail’. However, if the smartphone uses Uber’s software, then the car that comes to pick them up will not be a licensed taxi. The question is: can Uber’s new software destroy the old order of labour that governs the life of a taxi-driver, a legal order characterised by the state-licensing of taxi cabs?
Continue readingCase C-490/14, Verlag Esterbauer – a map is not a database
Is a map a database? The EU’s Database Directive 96/9/EC requires a database to be ‘a collection of independent works … or other materials …’. It is a phrase which has already been interpreted by the CJEU in its earlier ‘sporting fixtures’ case law but now it is not clear whether the CJEU’s reasoning also brings a map within the scope of EU database law.
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-191/15, Verein für Konsumenteninformation – Amazon’s unfair online forum shopping
In the tiny Grand Duchy of Luxembourg is a tiny branch of the corporate king, Amazon. It subjects its customers to buying their goods under Luxembourg law. Is that fair? And what happens to Amazon’s choice of law after it is has been forced through the latticed-meshes of six pieces of EU legislation which determine the applicable national law?
Continue readingCase C-192/15, Rease – secretly spied on, medical data leaked, and left unprotected by the Dutch regulator
Can the Dutch Data Protection Agency exert any control over companies based in the UK and the USA which conduct covert surveillance on Dutch territory? And in the event of an individual’s data processing law rights under Dutch law being breached, what is to be done where the internal rules of the Dutch Data Protection Agency mean that the Agency will never ever act on a complaint coming from an individual?
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