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Worldwide Legal Authorities Just-Searching.com

 

Below we will try to point few of the most important worldwide legal resources. The entire summary and links presented below are designed to help and inform you regarding law and procedures in different countries.

Please find below a list of legal authorities, sorted by country:

Austria • Belgium France
Luxembourg Romania United States of America
 

International Bar Association

International Centre for Dispute Resolution

International Association of Judges

 

Cases, Judgments, OpinionsJust-Searching.com

 

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPs) falls within the exclusive competence of the European Union (Judgment in Case C-414/11 Daiichi Sankyo Co. Ltd, Sanofi-Aventis Deutschland GmbH v DEMO Anonimos Viomikhaniki kai Emporiki Etairia Farmakon)

A patent granted before the entry into force of the TRIPs Agreement for the process of manufacture of a pharmaceutical product does not, after its entry into force, cover the actual invention of the product.

Daiichi Sankyo Co. Ltd obtained a national patent in Greece in 1986 for levofloxacin hemihydrate, a chemical compound used as an active ingredient in antibiotic treatments, in particular in an original medicinal product called Tavanic. It granted a licence to Sanofi-Aventis Deutschland GmbH to distribute it in Greece, under an authorisation to place it on the market granted by the competent Greek authorities in 1999.

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According to Advocate General Jääskinen, the French system for financing the obligation to purchase the electricity generated by wind turbines falls within the concept of aid granted by the State or through State resources (Advocate General’s Opinion in Case C-262/12 Vent de Colere and Others)

According to EU law, as interpreted by the Court of Justice, a measure will constitute ‘State aid’ if four cumulative conditions are met: there must be an intervention by the State or through State resources; the intervention must be liable to affect trade between Member States; it must confer an advantage on the recipient; and, lastly, it must distort or threaten to distort competition.

Moreover, in view of the limited scope of the question referred, the definitive categorisation of the measure as ‘State aid’ is a matter for the national court.

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The Court of Justice confirms the General Court’s judgment upholding the Commission decisions holding the Italian State’s loan to Alitalia to be unlawful, but permitting the sale of its assets (EU Court of Justice: Judgment in Case C-287/12 P Ryanair Ltd v Commission, Italy and Alitalia)

In 2008, the Italian State granted a loan of €300 million to the air transport company Alitalia1 and gave it also the option of counting that amount as part of its own capital.

Alitalia, then in a situation of insolvency, was placed under extraordinary administration2 and a bank was appointed as independent expert, responsible for verifying that its assets would be sold at a price in line with the market price.

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Apple Corps can prevent the registration of a figurative Community trade mark (EU Court of Justice: Judgment in Case T-369/10)

Apple Corps can prevent the registration of a figurative Community trade mark composed of the word ‘BEATLE’ in respect of electric mobility aids.

However, Apple Corps Ltd, an undertaking founded by ‘The Beatles’ group, opposed that application, relying on its various earlier Community and national trade marks, including the word mark ‘BEATLES’ and several figurative marks composed of the word ‘BEATLES’ or ‘THE BEATLES’.

On 31 May 2010, OHIM rejected Handicare’s application, finding that, because of the similarity of the signs, the considerable and long-standing reputation of the earlier marks of Apple Corps and the overlap of the relevant public, it was likely that Handicare would take unfair advantage of the repute and the consistent selling power of the marks of Apple Corps by using the mark applied for. OHIM therefore concluded that there was a serious risk that detriment to the earlier marks, of which Apple Corps is the proprietor, would occur.

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Cross-border short-term loan of a vehicle free of charge (EU Court of Justice: Judgment in Case C-578/10 to C-580/10)

In the case of a cross-border short-term loan of a vehicle free of charge, a national registration tax must be calculated according to the duration of use.

In the Netherlands, a registration tax (‘vehicle tax’) is charged on cars and motorcycles when the vehicle is registered. Where those cars or motorcycles are registered in another Member State and made available free of charge to a person residing in the Netherlands, that tax is due on first use of that vehicle on the road network in the Netherlands.

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An air carrier must compensate passengers if they have been denied boarding (EU Court of Justice: Advocate General’s Opinion in Case C-22/11)

According to Advocate General Bot, an air carrier must compensate passengers if they have been denied boarding on account of the rescheduling of their flight following a strike at the airport which took place two days beforehand and affected a previous flight.

Where a passenger is denied boarding, the air carrier must, under EU law1, provide him with assistance and flat-rate compensation. Denied boarding is defined by European law as a refusal to carry passengers on a flight, although they have duly presented themselves for boarding, except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation.

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Creators of computer programs may oppose the resale of 'used' licences (EU Court of Justice: Judgment in Case C-128/11)

According to Advocate General Bot, creators of computer programs may oppose the resale of 'used' licences which allow their programs to be downloaded from the internet again.

Oracle develops and markets computer software, in particular, by download from the internet, by concluding "licence" agreements with its customers, which provide that the customer receives a non-transferable user right, for internal business purposes and for an unlimited period.

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A Member State may impose criminal penalties for aiding illegal immigration (EU Court of Justice: Judgment in Case C-83/12)

A Member State may impose criminal penalties for aiding illegal immigration when the persons who have infiltrated Union territory, nationals of non-member countries, hold visas fraudulently obtained but not yet annulled.

If there are serious grounds for believing that a visa was obtained fraudulently, it must be annulled. It is, in principle, annulled by the competent authorities of the Member State of issue, but it may also be annulled by the competent authorities of another Member State, in which case they must inform the authorities of the State of issue.

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