Powered by Lexis+®
Jurisdiction(s):
Ireland

CJEU Advocate General opinion: competitors may seek unfair competition injunctions relying on GDPR breaches; non-prescription online pharmacy orders not ‘data concerning health’ (Lindenapotheke, C‑21/23)

Published on: 26 April 2024

Published by an LexisNexis Ireland - Commercial expert
Legal News
Article summary

The non-binding view delivered by Szpunar, an Advocate General at the Court of Justice of the EU, examined whether the General Data Protection Regulation (EU GDPR) can be interpreted as permitting a competitor to seek an injunction before the civil courts, mirroring what had been possible under the predecessor regime, the 1995 Data Protection Directive. He indicated on 25 April 2024 that an injunction claim brought by a business against a rival, relying on that rival’s breach of the GDPR’s provisions, may sit alongside the remedies set out in the GDPR.

Selling medicine online

The dispute stems from questions put to the EU court by German judges in a case between two pharmacists, in which one attempted to sue a competitor for unfair competition on the footing of GDPR violations, namely the handling of health data through online sales of pharmacy-only medicines via Amazon Marketplace. The EU court heard the matter in January 2024. as part of an unfair competition claim grounded in GDPR non-compliance allegations arising The...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow