Home > Legal Opinions tagged ECJ
right to be forgotten - one year on
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 […]
at last, the ECJ provides clarity on redundancy and collective con...
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, […]
meaning of 'establishment' in collective redundancy consultations
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 […]
when is obesity considered a disability?
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 […]
'right to be forgotten' here to stay?
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 […]
In house lawyers have had a difficult time of it before the Europe...
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 […]
No enforced filtering of internet use for ISPs, ECJ rules
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 […]
The Informed User is Clarified as Pepsi’s Pogs Fail to Appeal
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 […]
What should we make of the proposed “Common European Sales L...
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 […]
Interflora and Marks & Spencer keyword battle
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 […]
Pepsi pog case appeal – the Advocate General’s opinion
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 […]
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 […]