This 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 readingCategory Archives: Procedural law
Case C-267/16, Buhagiar – Gibraltar, guns and the constitutional order
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 readingCase C-169/15, Montis Design – EU copyright and Benelux design formalities, a game of musical chairs?
When 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 readingCase 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-698/15, Davis – did the CJEU in Digital Rights Ireland intend to lay down mandatory requirements of EU law?
In 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.
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-424/15, Ormaetxea Garai – dismissed so unfairly as to query the independence of regulators
Many of Spain’s national regulators have been merged into one mega regulator. People formerly running those regulators have been made redundant even with retroactive effect. Is retroactive dismissal contrary to the general principles of EU law? And since people have been removed from their jobs prior to the end of their fixed-term contracts, is this not contrary to EU law’s requirement that national regulators be completely independent, as per the EU’s ‘communications networks’ Directive 2002/21/EC?
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?
Continue readingCase A-1/15, The Canada-EU ‘PNR’ Agreement – contrary to the EU Charter?
Canada and the EU have negotiated a new Passenger Name Record Agreement. A plank of the Agreement involves the transfer and processing of data. The European Parliament is asking the CJEU for a legal opinion on the compatibility of that Agreement with the EU Charter.
Continue readingCase C-72/15, Rosneft – challenging the EU’s sectoral sanctions against Russia
Russian activities in Ukraine have prompted the EU to adopt a package of sanctions aimed at various Russians and Russian companies. These sanctions have been enshrined in various pieces of EU legislation and implemented by the EU Member States in their national laws. These sanctions are affecting an oil company which is part-owned by a British oil company ‘BP’, and part-owned by a Russian oil company that belongs to the State of Russia. To begin with, the company is challenging the legality of the UK’s implementing legislation. However, the validity of the EU’s legislation is also at stake. Does the CJEU have jurisdiction to rule on the validity of a Decision adopted pursuant to the EU’s Common Foreign and Security Policy? And if so, then does the drafting of the EU’s legislation satisfy the requirements of legal certainty and foreseeability in circumstances where that legislation forms the basis of criminal penalties?
Continue reading