Legal News

Consequences regarding design requirements Wherever packaging is required, it should be conceived, manufactured and commercialised so that it enables re-use or high-quality recycling, while minimising environmental impact across its entire life-cycle and the life cycle of the goods it was created to contain. This approach gives manufacturers room to innovate in packaging design and to set their products apart through the application of such innovation. In turn, these novel packaging designs ought to be properly safeguarded through appropriate intellectual property protection, which may include: Patents covering an inventive packaging format or an inventive packaging process; Trade marks protecting the distinctive get-up of the product; Registered designs safeguarding the visual appearance of new product packaging. By aligning design, production and commercialisation with re-use and high-quality recycling, businesses can both lessen environmental impacts over the full life-cycle and leverage innovative packaging as a...

In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Dispute resolution Financial services Energy Environment Insurance and reinsurance IP Life sciences TMT International trade Daily and weekly news alerts New and updated content EU fundamentals Commission adopts 2024 Enlargement Package The Commission presented its yearly Enlargement Package, delivering an in-depth review of how Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, Serbia, Georgia, the Republic of Moldova, Ukraine and Türkiye are advancing towards EU membership. It sets out principal reform priorities and offers bespoke recommendations for each candidate state. See: LNB News 30/10/2024 49... Competition and state aid Antitrust— Court of Justice dismisses Commission’s Intel appeal In Case C-240/22 Commission v Intel, the Court of Justice delivered its judgment on the Commission’s appeal against the General Court’s 2022 ruling in Case...

The watchdog’s decision According to the regulator, the major social network’s handling of information breached multiple provisions and infringed several articles of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). The ruling stems from a 2018 complaint lodged by the French non-profit organisation La Quadrature Du Net, and was initially submitted to the French Data Protection Authority ( CNIL). At that time, the group brought several complaints concerning Big Tech companies during the first week of the EU GDPR’s operation. Lawfulness of processing is central to data protection law, and processing personal data without an appropriate legal basis is a clear and serious breach of data subjects’ fundamental right to data protection, said the DPC’s deputy commissioner, Graham Doyle......

ENI, YKI v HUK- COBURG- Allgemeine Versicherung AG Case C-86/23 What are the practical implications of this case? This ruling is significant for practitioners managing intra- EU non-contractual liability matters under Rome II and contemplating strategic choices in international non-contractual liability proceedings. The Court of Justice delivered clear guidance on the limited ambit of Article 16 concerning ‘overriding mandatory provisions’. It held that these provisions require a strict reading and may set aside the law identified under Article 4 only where they protect an essential public interest that cannot be realised by applying the ordinary conflict rule, thereby narrowing opportunities for strategic litigation. Practitioners should further assess how departures, such as Article 16, from Article 4 of Rome II engage with the Regulation’s core aims: ‘the objective pursued by the Rome II Regulation consists, inter alia, as is apparent from its recitals 6, 14 and 16, in...

What are the practical implications of this case? The Court of Justice’s forthcoming judgment is poised to materially affect how EU Member States recognise works of applied art from non‑ EU jurisdictions under the EU’s harmonised copyright rules. If AG Szpunar’s reasoning is endorsed, EU copyright protection would extend to designers based outside the Union who place their creations on the EU market. Such a judgment could create a landmark for the treatment of international copyright within the EU, encouraging more uniform standards of protection across Member States and shaping practice worldwide. By setting out firmer guidance on safeguarding foreign works, the ruling could foster greater certainty and fairness in copyright enforcement. That, in turn, would support both creators and companies and help build a more coherent global copyright architecture. As current EU rules arguably leave the cross‑border reach of...

The European Commission has chosen 85 cutting-edge net zero initiatives across 18 nations to receive €4.8bn in grants from the Innovation Fund, signifying the largest allocation round since the Fund launched in 2020. These initiatives, spanning sectors such as......

In this issue: Competition and state aid Data protection and cybersecurity Financial services Energy Environment Insurance and reinsurance Life Sciences TMT International Trade Daily and weekly news alerts New and updated content Trackers Competition and state aid Antitrust— Commission fines České dráhy and ÖBB €48.7m for collective boycott The Commission adopted an infringement decision against České dráhy (ČD) and Österreichische Bundesbahnen (ÖBB) for coordinating to stop a new competitor, Regio Jet, from obtaining access to second-hand wagons, thereby constraining competition in the rail passenger transport market. The Commission imposed combined fines of €48.7m on the undertakings. ÖBB cooperated with the Commission under the 2006 Leniency Notice and therefore secured a 45% reduction in its penalty. See News Analysis: EU Competition law—daily round-up (23/10/2024)......

Reynders has said that online platforms face oversight under the EU’s digital framework and the customs union reforms, to make sure goods coming into the bloc comply with its safety requirements. He added that the EU Digital Services Act, Regulation ( EU) 2023/988 (the EU General Product Safety Regulations), and the customs union overhaul are vital to shield the EU from unfair competition by online marketplaces. ‘ Safeguarding consumers and ensuring marketplace compliance will continue as a core enforcement focus,’ Reynders stated on 21 October 2024 during a formal debate in the European Parliament’s plenary session. ‘ We take this duty seriously and will not hesitate to act decisively.’ The outgoing Commissioner explicitly named Chinese platforms Temu, Shein and Alibaba, as well as US-based Amazon, as among the companies that will need to......

In this issue: Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences TMT International trade Daily and weekly news alerts Trackers New and updated content Commercial Council of the EU adopts directive updating EU product liability rules The Council of the EU has signed off a directive refreshing the EU’s civil liability regime to reflect technological change and circular economy practices. Key elements include: An expanded definition of product to cover digital manufacturing files and software; Potential liability for online platforms where they act as an economic operator for defective goods sold via their service; A streamlined route to compensation; Liability attaching to any importer of a product, or the EU-based representative of a non- EU...

An MLex source stated that, in addition to the CCCME proposal, several further offers on price undertakings have been tabled, and the Commission remains prepared to pursue discussions on them. Since mid- September 2024, the EU has conducted intense talks with the CCCME, which represents the 12 largest Chinese EV makers, including Geely, BYD and SAIC, on an undertaking deal that would permit them, under certain strict conditions, to avoid paying the planned EU countervailing duties. Those Chinese government-controlled negotiations fell apart on 11 October 2024, as the two sides were unable to overcome wide differences over the key......

Lindenapotheke , Case C-21/23 Background Both the claimant and the defendant in the principal proceedings operate pharmacies. The defendant additionally possesses a mail-order licence and promotes its product range, including medicines restricted to pharmacy supply, on the Amazon Marketplace platform, which permits sellers to offer goods straight to consumers. The claimant applied for an injunction to stop the defendant from distributing pharmacy-only pharmaceuticals through that online marketplace. In the claimant’s view, this mode of sale constitutes an unfair commercial practice, as it breaches a statutory provision within the meaning of Section 3a of the German Act Against Unfair Competition ( Gesetz gegen den unlauteren Wettbewerb, or UWG). The District Court upheld the action. The Higher Regional Court dismissed the defendant’s appeal, holding that selling pharmacy-only medicines via Amazon Marketplace contravenes the UWG because this method of distribution entails processing health data within the scope of Article 9(1) of the EU...

In this issue: EU fundamentals Commercial Competition and state aid Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Environment Insurance and reinsurance IP Life sciences TMT International trade Daily and weekly news alerts Trackers New and updated content EU fundamentals European Parliament to quiz new European Commission nominees from 4–12 November 2024 MLex: The European Parliament has confirmed that, from 4 to 12 November 2024, lawmakers will grill nominees for the European Commission’s top posts for the coming five years. An initial vetting will verify Commissioner-designates have no conflicts of interest, before committee hearings determine whether candidates are suitable for the role. The new Commission requires the Parliament’s endorsement to commence its mandate, and some contenders could be pressed to step down during the...

Following a 4 October 2024 vote by EU member states across the bloc, the European Commission is permitted to potentially levy steep EV tariffs of up to 35.3% in total by the end of October 2024. In January 2024, China launched an anti-dumping probe into imports of EU brandy — including cognac predominantly produced in France and grappa made in Italy — to dissuade the EU from proceeding with the EV measures. By August 2024, it concluded the targeted imports had been dumped onto the Chinese market. Yet, within the same announcement the ministry......

Illumina v Commission; Grail v Commission — Joined cases C-611/22 P and C-625/22 P What are the practical implications of this case? The Court of Justice has unequivocally dismissed the expansive reading of Article 22 that had permitted the Commission to examine transactions that were not notifiable at EU or Member State level. Transactions that do not satisfy the relevant jurisdictional thresholds can no longer be referred. Nevertheless, M& A parties should note that the Commission has reiterated its wish for legal instruments to intervene in ‘those few cases where a deal would have an impact in Europe but does not otherwise meet the EU notification thresholds’ ( Executive Vice- President, Margrethe Vestager). This remains in line with the Commission’s conclusions in its ‘2021 Evaluation on the procedural aspects of EU merger control’. The Commission is also still prepared to entertain Article 22...

European Parliament hearings with Commissioners-designate to start on 4 November 2024 On 2 October 2024, the Conference of Presidents ( EP President and leaders of political groups) endorsed the timetable for the forthcoming hearings of the Commissioners-designate. Hearings begin on 4 November 2024 and will run through to 12 November 2024 inclusive. The Conference of Presidents also settled how committees will share responsibilities for the confirmation hearings between them. The detailed timetable indicating when each Commissioner-designate will be questioned will be formally set by the Conference of Presidents at its next meeting then. Parliament calls on Commissioners-designate to attend the relevant committees for hearings, so members can scrutinise thoroughly their suitability for the roles to which they have been allocated accordingly......

‘ Prior price’ reference for price reduction announcements ( Verbraucherzentrale Baden- Wurttemberg e V v Aldi Sud Dienstleistungs SE & Co OHG) Verbraucherzentrale Baden- Württemberg e V v Aldi Süd Dienstleistungs SE & Co OHG, Case C‑330/23 What are the practical implications of this case? Price reduction announcements are a potent marketing lever that can prompt consumers to buy. EU rules aim to deter misleading behaviour by requiring that any claim of a price cut must state the prior price charged by the trader for a defined period before the reduction is applied. The prior price is the lowest amount charged by the trader during a period of not less than 30 days preceding the implementation of the reduction. The reason for this minimum 30‑day reference window is to stop traders tinkering with prices and presenting fictitious reductions, for example by raising the price briefly and then...

In this issue: EU fundamentals Competition and State aid Energy Environment Financial services Insurance Life Sciences Regulatory TMT International trade Lex Talk®EU Law: a Lexis®Nexis community Daily and weekly news alerts Trackers New and updated content EU fundamentals European Commission releases September 2024 infringement package The European Commission has issued its September 2024 infringement package, identifying the Member States it is pursuing for breaches of obligations under EU law. This cycle includes letters of formal notice to 17 Member States for not properly transposing Directive ( EU) 2022/2464, the Corporate Sustainability Reporting Directive, and to Spain for incomplete transposition of Directive 2019/1158, the Work-life Balance Directive, among other matters. See: LNB News 26/09/2024 28. Competition and State aid Antitrust— Google and Alphabet v Commission ( Google Shopping) The Court of Justice has dismissed Google’s most recent...

In this issue: EU fundamentals Commercial Competition and state aid Dispute resolution Energy Environment Financial services IP Life sciences Regulatory TMT International trade Daily and weekly news alerts Trackers New and updated content EU fundamentals The Council of the EU has approved a roster of nominees to serve as members of the European Commission up to 31 October 2029, following agreement with the Commission President-elect. The slate features candidates from 24 EU Member States. This decision will be transmitted to the European Parliament for its consent and will be published in the Official Journal of the EU. See: LNB News 20/09/2024 18. Commercial The Council of the EU has set a negotiating mandate on a package to refresh the consumer alternative dispute resolution ( ADR) framework. The position covers revisions to...

Some suppliers have already chosen to stop supplying the EU, and, for now, we do not have the legal clarity to place goods on the market, Pitts said, adding that the consequences of those moves may become evident soon. The regulation will start to apply at the end of 2024. It will require producers and traders of key goods such as wood, cattle and soy, and derivatives including paper and furniture, to demonstrate through geolocation tracking that products are not sourced from land that was recently deforested. How it works It establishes three tiers of deforestation risk, based on countries’ deforestation and forest degradation rates, the expansion of agricultural land, and production trends for the affected commodities. Authorities will audit: 9% of producers and traders supplying these products from high-risk countries 3% from standard-risk countries 1% from low-risk...

For years, the firms have sparred over who should foot the bill for data traffic. Matters escalated in May 2023 when a Cologne court held that their contract must be honoured, obliging Meta to pay Deutsche Telekom roughly €20m for 'data transport services'. It also requires Meta to cover future charges for direct interconnection. Meta has maintained it should fall under a no‑cost 'peering' arrangement and owe Deutsche Telekom nothing. The German operator counters that Meta previously delivered its traffic over paid, direct links into its network. According to Deutsche Telekom, Meta halted those payments during the coronavirus ( COVID‑19) pandemic. The company then brought legal action demanding settlement. After months of discussions following the judgment, Meta opted to send its data via a transit provider into the network instead of using the former direct path. The ruling confirmed obligations between them. Meta...