Home > Legal Opinions tagged ECJ

  • (very) indirect discrimination?

    Tom Toulson

    It is a truth universally acknowledged that a person who wants to bring a claim for indirect discrimination must share a protected characteristic (e.g. race) with those who have been (or would be) disadvantaged by a provision, criteria or practice. Or rather, it was universally acknowledged. In a recent case, the ECJ saw things rather […]

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  • Advocate-General’s opinion set to shake-up work travel time

    Christian Lowden

    An Advocate-General in Tyco Integrated Security SL has expressed an opinion that the travel time commitments for mobile workers – workers who do not have fixed sites of work – should count towards ‘working time’. Currently a worker’s time spent travelling to a client’s premises for the first appointment of the day does not count […]

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  • right to be forgotten - one year on

    John Swani

    It is a year since the controversial ECJ ruling known as ‘the right to be forgotten’ which allows individuals to apply to search engines to have links to personal information about them removed if the information is “inadequate, irrelevant or no longer relevant.” The decision has been subject to much analysis and debate. Whilst supported […]

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  • at last, the ECJ provides clarity on redundancy and collective con...

    Tom Toulson

    For a long time the law was simple: an employer had to engage in collective consultations when it planned to make 20 or more people redundant at one establishment within a 90-day period. An ‘establishment’ meant a single site or workplace. Then came the EAT’s decision in USDAW v Woolworths and suddenly things were, well, […]

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  • meaning of 'establishment' in collective redundancy consultations

    Susie Orton

    In USDAW v Woolworths, Lyttle v Bluebird, and Canas v Nexea Advocate General Wahl considered the meaning of the term ‘establishment’ in Article 1 (1) (a) (ii) of the EU Collective Redundancies Directive 98/59. The question was whether the obligation to consult arises when the overall total of proposed redundancy dismissals is at least 20 […]

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  • when is obesity considered a disability?

    Emily Spragg

    In the case of Kaltoft v Municipality of Billund, the European Court of Justice has decided that there are certain circumstances where it may be possible for an employee to show that they are disabled as a result of their obesity and will therefore be protected against disability discrimination. This is where the obesity is […]

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  • 'right to be forgotten' here to stay?

    Helena Wootton

    The European Union Court of Justice (ECJ) has made a significant ruling that individuals may request information personal data be removed from internet search engines if it is “inadequate, irrelevant or no longer relevant,” a rule known as the ‘right to be forgotten’. The decision means that a search engine will qualify as ‘processing’ personal […]

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  • In house lawyers have had a difficult time of it before the Europe...

    Richard Nicholas

    First there was ECJ decision in Akzo Nobel suggesting that advice from in house counsel on competition issues would not be subject to legal advice privilege (creating a practical problem for in house lawyers advising their employer on competition issues). Then in May the first instance court of the European Union took the view that […]

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  • No enforced filtering of internet use for ISPs, ECJ rules

    Laura Mackenzie-Mitchell

    The ECJ has ruled that courts of member states cannot force ISPs into broad filtering and monitoring of their user’s access to copyright-infringing file-sharing websites. It follows an order by a Belgian court that an ISP (Scarlet) must implement a filtering system to block their user’s ability to send and receive files containing musical works […]

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  • The Informed User is Clarified as Pepsi’s Pogs Fail to Appeal

    Ryan Harrison

    The European Court of Justice (ECJ) has followed the Advocate General’s opinion by dismissing an appeal against the General Court’s ruling that Pepsi’s design registration for “pogs” was invalid. The design was previously ruled invalid because it did not create a different overall impression on the informed user than an earlier Promer design. A key […]

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  • What should we make of the proposed “Common European Sales L...

    Richard Nicholas

    A proposal for a common sales law across the 27 states of the EU to anyone opting into its terms has just been published. Does this signify a major development for businesses entering contracts throughout the EU? In the short term, I confess, I doubt it – for one thing there already exists a voluntary […]

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  • Interflora and Marks & Spencer keyword battle

    Sara McNeill

    The European Court of Justice (ECJ) has given its preliminary ruling on the the questions referred to it by MR Justice Arnold concerning the use of a competitor’s trade mark as a keyword. The ECJ ruled (amongst other points): a trade mark proprietor can prevent a competitor from using a keyword identical to their own […]

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  • Pepsi pog case appeal – the Advocate General’s opinion

    Ryan Harrison

    The Advocate General (AG) has advised the ECJ to dismiss Pepsico’s appeal against an invalidity ruling concerning a design for promotional discs known as “pogs”. Pepsico’s design was challenged on the basis that it did not have individual character having regard to an earlier CRD. A design has individual character if it creates a different […]

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  • Affordable justice for environmental cases?

    The supreme court has cleared the way for the European Court of Justice (ECJ) to cut the cost of environmental litigation. In line with the doctrine that environmental litigation must not be ‘prohibitively expensive’ under Article 9 of the Aarhus Convention, the supreme court appeal committee ruled that the decision to refuse a claimant a […]

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