Monitoring References to the Court of Justice of the European Union
Tag
15 case reports
Italy's communications regulator decided that Amazon's logistics, locker and transport-organising arms are postal service providers needing authorisation under the Postal Services Directive. Three Amazon companies say they never clear, sort, transport or deliver anything. The Advocate General has proposed that organising and controlling those who do is enough.
A Belgian user is suing Apple over loot boxes in games sold through the App Store. Belgium treats loot boxes as gambling; the E-Commerce Directive excludes gambling from its scope, and its hosting safe harbour protects only a provider that does not control what it hosts. The Antwerp court asks whether Apple can shelter behind Article 14 for apps it reviews and approves.
By judgment of 12 October 2017 (ECLI:EU:C:2017:758) the Court ruled, in the words of the operative part: “Article 28(2) of Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation…
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
On 6 December 2017 the Court ruled (ECLI:EU:C:2017:941) that a selective distribution system for luxury goods designed to preserve their prestige image is compatible with Article 101(1) TFEU, and that a clause prohibiting authorised retailers from selling…
On 5 June 2018 the Grand Chamber ruled (ECLI:EU:C:2018:388) that the administrator of a Facebook fan page is a joint controller, together with Facebook, of the processing of visitors' data through the Insights statistics — and that the German supervisory…
By judgment of 14 November 2017 (ECLI:EU:C:2017:860) the Grand Chamber held that practices of producer organisations and their associations escape Article 101 TFEU only where they remain strictly within the tasks the common market organisation assigns to…
By judgment of 21 December 2016 (ECLI:EU:C:2016:976) the Court held that in an action for breach of an online-resale prohibition in a selective distribution network, the "place where the damage occurred" under Article 5(3) of Brussels I is the Member State…
By judgment of 18 May 2017 (ECLI:EU:C:2017:390) the Court held that a legally distinct second-tier subsidiary with a seat in a Member State is an "establishment" of its non-EU parent for Article 97(1) of the Community Trade Mark Regulation where it is a…
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:456) that the operators of The Pirate Bay themselves make a communication to the public by indexing and managing torrents of protected works, despite the content sitting on users' machines.
On 7 July 2016 the Court ruled (ECLI:EU:C:2016:528) that the operator of a physical marketplace which sublets pitches to traders selling counterfeits is an "intermediary" under Article 11 of the Enforcement Directive, and injunctions against it are subject…
By order of 27 October 2016 (ECLI:EU:C:2016:830) the Court declared the Brussels commercial court's reference manifestly inadmissible for failure to set out the factual and legal context required by Article 94 of the Rules of Procedure.
On 20 December 2017 the Grand Chamber ruled (ECLI:EU:C:2017:981) that UberPop is not an information-society service but a "service in the field of transport": Uber exercises decisive influence over the conditions under which non-professional drivers supply…
By judgment of 15 January 2015 (ECLI:EU:C:2015:10) the Court held that the Database Directive does not apply to a database protected neither by copyright nor by the sui generis right, so its user-freedom guarantees (Articles 6, 8 and 15) do not override…
On 27 March 2014 the Court ruled (ECLI:EU:C:2014:192) that an access provider whose services are used to infringe copyright is an "intermediary" that may be enjoined, and that an outcome-based blocking injunction — leaving the choice of measures to the ISP…