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European Court of Justice



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3Vote!

EU/Europe Distinction Petition

I just spied this over on bloggers4UKIP The European Union (EU) is not Europe. Europe is a continent containing many countries, most of which are in the EU. The EU does not cover the whole continent, it does not represent the whole of the continent and the British Government's Europe Minister doesn't form policy on the whole continent of Europe. The Prime Minister, the British government and the EU...

5Vote!

At last, the Interflora questions -- all 10 of them!

No-one ever died of a question but, the IPKat says, there are an awful lot of questions hanging over European trade mark law right now -- and they've just been added to. On 22 May, in Interflora, Inc. Interflora British Unit v Marks and Spencer PLC Flowers Direct Online Limited [2009] EWHC 1095 (Ch) , Mr Justice Arnold (High Court, England and Wales) felt it appropriate to refer a number of questions...

4Vote!

Cameron is raising great expectations that may lead to a very bleak House

Cameron is raising great expectations that may lead to a very bleak House Inside Politics: Mr Cameron said he would not let matters rest if the Lisbon Treaty became law, he is doing just that By Andrew Grice On the eve of Guy Fawkes Day, David Cameron produced a typically impressive firework display as he explained his new policy on Europe at a press conference. When he performed the same show for...

3Vote!

Dealing with the EU

So, after years of handwringing, it has finally happened: the EU Constitution Lisbon Treaty has been fully ratified and will now come into force. The Tories say there is no point in Britain holding a post-facto referendum, because it wouldn’t make any difference anyway. The position is that when they’re in government, they will seek to renegotiate Britain’s relationship with the...

5Vote!

EU kills 3-strikes proposal (yay!) but all is not well (eek!)

You might have seen that the EU's "Telecoms Package" squeaked through with some protection for users' rights intact -- specifically, the proposal to allow "3-strikes" rules (whereby everyone in your house would lose internet access if any member was accused, without trial, of copyright infringement) was killed. But it's not as good as it could be, nor as good as it was before the...

3Vote!

Six ways Tories want to reform Britain's relationship with the EU

David Cameron outlined a new approach to the European Union. This contains six key pledges: • A UK sovereignty bill A bill would be introduced by a Conservative government making clear that "ultimate authority stays in this country, in our parliament". This is designed to put Britain on a par with Germany, where the German constitutional court makes clear that ultimate authority rests...

3Vote!

David Cameron ditches referendum and backs away from EU 'bust-up'

• Six reforms demanded to restore ceded powers • Eurosceptics welcome 'never again' rhetoric David Cameron today backed away from a full-scale confrontation with the EU when he outlined a six-point package of reforms but adopted a conciliatory tone by saying he wanted to avoid a "bust-up" with Britain's European partners. In his most significant statement on the EU since becoming...

3Vote!

Some confusion about crucifixes

In response to Manuela Mesco's Italians reject crucifix ruling : Dear Manuela Mesco, I am afraid but I have to side with whatithink's comment , you haven't checked the facts and your article shouldn't have been allowed out before further improvements. The original Lateran Treaty is from 1929, but they have been revised in 1984, and the current law regarding the relationship between the Republic of...

3Vote!

What IS The Tory Policy On Europe?

I am genuinely perplexed by the new Conservative approach to the European Union. Have just been to a David Cameron speech & news conference, but I am little the wiser. This is what he had to say: "Never again" will be on their election material, and they will remind everyone that Labour denied people a referendum. In order to ensure that powers are "never again" eroded without...

3Vote!

Cameron Retreats into a Sinking Pile of Ordure

David Cameron has just ratted on his much trumpeted commitment to a referendum on the Lisbon Treaty. The argument that the Treaty is now ratified, does not in fact preclude a referendum. It is perfectly possible to resile from an international treaty; a referendum on whether to resile would be perfectly feasible, but Cameron has not the stomach for that fight with the EU. To cover his retreat he unleashed...

3Vote!

Previous incompatibility finding is sufficient

Previous incompatibility finding is sufficient Queen’s Bench Division Published November 3, 2009 Regina (Chester) v Secretary of State for Justice and Another Before Mr Justice Burton Judgment October 28, 2009 An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court...

3Vote!

My intellectual property rights have been infringed

I assume readers are familiar with search engines such as Google and Yahoo. In addition to the ordinary search results they produce, they also also show sponsored links. This works by allowing advertisers to purchase the right to have their advert displayed when certain keywords are typed into the search engine. For example, a business selling designer goods might choose the keywords "designer...

3Vote!

Poland: European Commission refers Poland to the ECJ

The European Commission has referred Poland to the European Court of Justice because, in the Commission's view, the Polish Act on Special Powers of the Treasury and their Exercise in Companies of Special Importance for Public Order or Public Security (and two implementing ordinances) is contrary to the principle of free movement of capital and freedom of establishment under the EC Treaty . The Act...

5Vote!

EU court: No customs breaks for Israeli goods from settlements

Ora Coren | Haaretz 3 November 2009 Israeli goods produced in West Bank settlements are not eligible for customs benefits in the European Union, stated an advocate general of the European Court of Justice last week. Israel and the EU have a free-trade agreement that gives Israeli exports substantial customs breaks. The advocate general’s non-binding opinion, if followed, could [...]

3Vote!

European Commission wants better privacy protection in the UK

The European Commission has recently declared itself disappointed with the UK's response to its earlier proceedings regarding the Phorm behavioral advertising technology. Back in April the EC started an infringement proceeding against the United Kingdom for failing to protect its citizens' privacy by not taking measures against the Phorm system which, during trials conducted by ISPs (Internet Service...

The 3 latest articles published by users on European Court of Justice :

3Vote!

Pharmacy Liberalisation in Europe: Prospects and Implications

Pharmacy Liberalisation in Europe: Prospects and Implications        - aarkstore

Very little in the pricing environment in Europe is predictable to pharmaceutical companies and only rarely is much notice given of change. But before the end of 2009, if the European Court of Justice accepts the arguments put to it forcefully by the European Commission and by DocMorris, revolutionary reform among industrys main customer group, the community pharmacist, in several of the main countries,...

3Vote!

AdWords does not infringe trade mark rights according to the Advocate General

The Advocate General of the European Court of Justice has issued today its opinion on the Google v. Louis Vuitton case which related to the possibility to consider the use by Google, in its advertising system "AdWords" of a keyword corresponding to a third party's registered trade mark as an infringement of that trade mark. The Advocate General held that: - the selection by AdWords customers of a keyword

3Vote!

Pharmacy Liberalisation in Europe: Prospects and Implications

Pharmacy Liberalisation in Europe: Prospects and Implications        - aarkstore

Very little in the pricing environment in Europe is predictable to pharmaceutical companies and only rarely is much notice given of change. But before the end of 2009, if the European Court of Justice accepts the arguments put to it forcefully by the European Commission and by DocMorris, revolutionary reform among industrys main customer group, the community pharmacist, in several of the main countries,...