cjeu references



communication to the public within the meaning of Article 3(1) of Directive In particular, is the Member State required to mirror precisely the terms of the reservation entered by the other Contracting Party? rights), but does not himself exploit those rights and merely claims damages from
We use cookies to collect information about how you use GOV.UK. EUIPO v Equivalenza Manufactory, S.L and ITM Entreprises SAS.

The High Court, in a reasoned judgment following on from an earlier order, set out reasons for the joining of the Attorney General in judicial review proceedings, and for not sending an Art.267 Reference to the Court of Justice of the European Union (CJEU). @�\I��ıŒV�����-ٲcɎ%;ɫ��JV�g���� H*Im��Ob=}���g0 �����O����nwZ���/�X�Y����f���������v�u�����6��/�M��������������˟=}�,���/�����o��2���N�u�Q�Kh7���^\X}���T��~��7��c9v��M����� �M����4������N�7�;:3�[a��l����ˠt���[��p⫗���;�v���������.���s���Ŋw��n���~Yѩ��|�`�־g�w6�w��W�L�>�p��w? assessing the correct balance to be struck between, on the one hand, the This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated.
stream Is a Contracting Party required not to apply the 30-day rule in Article 5 of the Rome Convention to the extent that it may result in a producer from the reserving party receiving remuneration under Article 15(1) but not the performers of the same recording receiving remuneration? This did not require notifying the Attorney. If question 1 is answered in the affirmative, is a court to be regarded as falling within the scope of the term ‘public’ within the meaning of those provisions? Costs and legal aid That affords the State an opportunity subsequently to make observations on the pending reference. To help us improve GOV.UK, we’d like to know more about your visit today. Are Article 14(3) (and also Article 12(3) and Article 13(2)) of Directive 2000/31/EC, Article 8(3) of Directive 2001/29/EC and the third sentence of Article 11 of Directive 2004/48/EC to be interpreted as meaning that the liability privilege in accordance with Article 14(1) of Directive 2000/31/EC is available to a host service provider (intermediary service provider) in a neutral role even in the event of a claim for a prohibitory injunction being brought against it and that therefore even an injunction order by the courts with respect to such an intermediary service provider is admissible only if that intermediary service provider has actual knowledge of the illegal activity or information, or is such an injunction order by the courts admissible only if the host service provider does not expeditiously remove or disable the content objected to as infringing after a specific warning and confirms the infringement in judicial proceedings? Mr Justice George Birmingham said there was “a very substantial public dimension at issue” in relation to their interpretation, and that the State would understandably wish to be heard on the issue. We’ll send you a link to a feedback form. Article 8(1)(b) of EU trade mark regulation. The corresponding basic patent is limited to the use of antibodies such as canakinumab in the treatment of juvenile rheumatoid arthritis. The AG is not entitled to intervene as of right, but a court has discretion to allow a party to be joined if it is necessary in the interests of justice, and where there is no specific rule of law excluding the addition of the parties at that stage of the proceedings. Alternatively, is the responding party entitled to provide rights to the nationals of the reserving party on a more generous basis than the reserving party has done, i.e. meaning of Article 13 of Directive 2004/48) as a result of the infringement? You can change your cookie settings at any time. Don’t worry we won’t send you spam or share your email address with anyone. Don’t include personal or financial information like your National Insurance number or credit card details. 1 0 obj 3] the trade mark but are intended for the goods already sold? 4) In cases where there is a risk of evocation or exploitation, is the protection provided for in the legislation referred to specific protection related to the special features of the products concerned or must the protection be connected to the provisions on unfair competition? In particular, can a Member State restrict the right to share in equitable remuneration to circumstances where either (i) the performance takes place in a European Economic Area (“EEA”) country, or (ii) the performers are domiciles or residents of an EEA country? The Swedish SPC application underlying this reference is based on Novartis’s marketing authorisation for the medicinal product Ilaris®, which contains the anti-IL1beta antibody canakinumab. Do the addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers, mentioned in Article 8(2)(a) of Directive 2004/48/EC and covered, as appropriate, by the information referred to in Article 8(1) of Directive 2004/48/EC, also include:(a) the email addresses of service users and/or(b) the telephone numbers of service users and/or(c) the IP addresses used by service users to upload infringing files, together with the precise point in time at which such uploading took place?

proportionality? If the answer to the previous question is in the affirmative, do the provisions of Article 13 (1) and (3) of the Directive, taken in conjunction with those of Article 24(2) thereof, respect the right to property, freedom of expression, freedom to conduct business and the principle or proportionality? A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State.A preliminary ruling is a final determinations of EU law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Article 8(2)(a) of Directive 2004/48/EC and Article 8(1) of Directive 2004/48/EC, Gömböc Kutató, Szolgáltato és Kerreskedelmi Kft. C … -Article 24(2), SPEDIDAM (Referring court: Cour de cassation – France), - Articles 2, 3 and 5 of Directive 2001/29. Preliminary references submitted by UK courts under Article 267 TFEU. endobj When examining the use of the trade mark in the Member State concerned (in this case Germany) within the meaning of Article 12(1) of Directive 2008/95/EC, pursuant to Article 5 of the German-Swiss Treaty of 13 April 1892 on the reciprocal protection of patents, designs and trade marks, are uses of the trade mark in Switzerland also to be taken into consideration? CJEU Beatrice Ramascanu, 19 September 2016, ... “the order for reference does not contain any information setting out the legislative and factual context of the main proceedings, since the Court of Appeal in Northern Ireland merely appended to the letter accompanying the order for Mr Justice John MacMenamin overruled this objection. If you feel that the authorities in any country have infringed EU law, you must follow the official complaint…

endobj

stream As such, there would be no Art.267 reference. - Article 1(1)(2), 2(2)(3) and 4(1)(b) of Directive 2009/24/EC, -Article 3 (4) Decision No.

The way we report on CJEU cases has changed. copyright in the normal way? When assessing whether there is genuine use, is consideration also to be given to whether the trade mark proprietor offers services which do not use [Or. endobj endstream alleged infringers - and whose economic business model thus depends on the If the first question is answered in the affirmative, do collective management organisations, when receiving remuneration from performance organisers for the right to perform musical works for a public audience, act as a taxable person within the meaning of Article 28 of the VAT Directive, and are they required to issue invoices including VAT to the respective performance organisers, and, when remuneration is paid to authors and other holders of copyright in musical works, are the latter, in turn, required to issue invoices including VAT to the collective management organisation? Articles 15(1), 51(1)(a) and 66(1) of Regulation No 207/2009. Deadline for UK to lodge observations with the CJEU, 17 September 2018. In particular, to what extent must Article 8 of the Directive be interpreted in light of the requirement for “national treatment” under Article 4 of the WPPT? If you – as a private individual or as a company – have suffered damage as a result of action or inaction by an EU institutionor its staff, you can take action against them in the Court, in one of 2 ways: 1. indirectly throughnational courts (which may decide to refer the case to the Court of Justice) 2. directly before theGeneral Court– if a decision by an EU institution has affected you directly and individually. Has the operator of a platform for Usenet services, who provides services as described in [points 1 to 7] and [16 hereof], played an active role that would in some other way preclude reliance on Article 14(1) of the Directive on electronic commerce? Counsel said that there was nothing under EU law which conferred jurisdiction where standing is not present in the domestic national law, as EU law does not require national courts to exceed their sphere of competence to achieve the objectives of EU legislation.

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