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Lucasfilm did not benefit in any way at Tyburn Film Productions Ltd's expense, counsel said to the appeals court there on 3 December 2025, in part because it already possessed rights over Cushing's likeness and an agreement and consent from the Cushing estate to 'resurrect' him as Grand Moff Tarkin. Tyburn contends it earlier made an agreement with the late actor then, at the time, granting the company a veto over any use of his image prior to his 1994 death. That contract concerns a TV series titled 'Heritage of Horror', which never aired. Tyburn further asserts the deal permits it to effectively 'resurrect' Cushing using stand-ins and CGI to ultimately finish the programme then if the actor were to die whilst filming remained in progress...
Irish telecom operator Eircom’s damages lawsuit against BT Group over a public-sector contract must be carefully managed to trial to deal with confidentiality issues and other matters, a UK judge told the parties today. At the High Court in London today, a judge said Eircom’s damages action against BT over a public-sector contract needs tight case management through to trial to address confidentiality and related concerns. Eircom brought the claim after Ofcom in 2020 penalised BT for its behaviour during a tender. Speaking to both sides, Judge Adam Johnson urged them to resolve any confidentiality flashpoints themselves and signalled he had no wish to step in unless it became unavoidable. He also expressed confidence that parties would do everything possible to keep confidential designations to a minimum, noting this was necessary to maintain control over the conduct of the trial. He framed this as the
The following document is attached: Commission Implementing Regulation (EU) 2026/274 dated 5 February 2026, revising Implementing Regulation (EU) 2025/1981, establishing a final anti-dumping levy on imports of ceramic tableware and kitchenware produced in...
Justice Richard Arnold granted AstraZeneca leave to appeal and permitted lorries carrying about 175,000 packs of Glenmark’s generics to move on to wholesalers, provided they did not reach pharmacy shelves while the case continued at any point during those interim proceedings. In this way, Glenmark could keep its first-to-market advantage, while causing only minimal detriment to AstraZeneca should the Court of Appeal later be persuaded to issue an injunction against supply. The judge said this approach maintained the status quo with the least possible prejudice to Glenmark’s position overall. The hearing was arranged at short notice, just days after the High Court refused AstraZeneca an injunction to block the diabetes generic from sale while the court considered whether the patents supporting the branded medicine were valid in law. Glenmark, Generics (UK) Ltd and Teva Pharmaceuticals have each begun proceedings in the UK to set...
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Per court records and filings, the video-sharing platform has initiated proceedings against the Commission at the EU’s lower-tier General Court, as records show. A company spokesperson confirmed the action concerns the fee it is obliged to pay under the EU DSA. ‘ We dispute the fee and are appealing on a number of grounds, including the reliance on defective third-party estimates of our monthly active user figures used to determine the overall amount,’ a Tik Tok spokesperson said......
In this issue: EU fundamentals Commercial Competition and state aid Data protection and cybersecurity Free movement, immigration and employment Energy Environment Financial services Corporate Insurance and reinsurance IP Life sciences TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission unveils its Annual Union Work Programme 2024 The Commission has issued the 2024 Annual Union Work Programme on European Standardisation ( AUWP), setting out priorities across all standard-related activities. The High- Level Forum on European standardisation provided input and advice to the AUWP. The 2024 AUWP sets out 72 actions that support the EU’s policy aims for a digital, green and resilient Single Market. See: LNB News 06/02/2024 41. European Commission releases February 2024 infringements package The Commission has published its February 2024...
BMW Bank and others, Joined Cases C‑38/21, C‑47/21 and C‑232/21 What are the practical implications of this case? In these circumstances, a consumer’s scope to cancel a finance arrangement for leasing a vehicle (personal contract hire, PCH) appears more constrained than the right to withdraw from finance used to purchase a vehicle (personal contract purchase, PCP), in practice. It is also noteworthy to consider how the court might approach another widely used form of vehicle finance brokered through a dealership, namely PCP. Under that structure, the customer pays an initial upfront amount followed by a predetermined series of monthly instalments. A Guaranteed Future Value ( GFV)—ie an amount calculated from the estimated residual value of the car at the end of the agreement—is fixed from the outset when the contract begins. On expiry of the term, the consumer can either pay the ‘balloon’, ie the GFV, to...
Kopiosto ry v Telia Finland Oyj Case C-201/22 What are the practical implications of this case? The Court of Justice’s judgment materially shapes how CMOs pursue copyright enforcement across the EU. It makes clear that a CMO’s power to start infringement actions for rights holders is not an autonomous concept under EU law; instead, each Member State determines the position. A CMO’s ability will turn on: whether the Member State recognises the CMO as having a direct interest in the case; and whether the CMO enjoys standing either expressly under that State’s national law or under its general procedural rules. As a result, where some rights holders are covered by several CMOs operating in separate jurisdictions, the scope for those CMOs to bring proceedings on their behalf may differ from one country to another, depending on the forum and on whether the two conditions above are met. What was the...
Envoys for the EU’s national governments signed off on the final text of the legislation at a meeting today, according to a Belgian government spokesperson, whose office represents the EU governments in the talks. The agreement was 'unanimously confirmed', the spokesperson noted today. The approval follows weeks of intense speculation that France intended to assemble a coalition of countries to oppose it in the vote. France, together with Germany and Italy, had earlier flagged worries in the negotiations about rules for foundation models. However, Germany’s digital minister, Volker Wissing, said earlier this week he is now ready to accept the law after changes designed to protect small businesses. That choice by Germany made it markedly harder for France to block the law at the meeting held today. The law will be the first standalone AI statute, hailed widely by EU lawmakers as proof of the...
EU Law analysis: Dan Cooper, Partner, Lisa Peets, Partner, and Sam Jungyun Choi, Associate, at Covington & Burling LLP, assess the delegated and implementing acts the European Commission has recently formally put forward pursuant to the EU Digital Services Act......
Industria de Diseño Textil SA ( Inditex) v Buongiorno Myalert SA , Case C-361/22 What are the practical implications of this case? The Court of Justice confirms that the exception operates as a broadly framed rule, despite the recurring and ambiguous wording ‘in particular’. The pertinent test is now whether the sign was used for identifying or referring to goods or services as those of the trade mark proprietor, so long as that use was in accordance with honest practices. A defendant may still invoke the earlier Gillette jurisprudence (see below), yet the court has underlined that the defence now has a wider reach than before. Claimants should closely assess the degree to which the challenged use aligns with ‘honest practices’, and weigh whether alternative causes of action—such as copyright infringement where a logo is deployed—might be more...
In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Energy Environment Insurance and reinsurance Financial services IP Life sciences Regulatory TMT International trade Lex Talk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission sends letters of notice to 26 Member States The European Commission has issued a package of infringement decisions due to certain Member States failing to inform Brussels of the measures taken to transpose specific Directives into national law. Formal letters have been dispatched to 26 Member States that have yet to notify complete transposition for 11 Directives covering, among other areas, the EU Emissions Trading System ( EU ETS), legal migration, protection of whistleblowers and credit services. Member States have two months to...
‘ A claimant under that provision must prove not just an infringement of that regulation, but also that the breach caused him tangible or non-pecuniary harm,’ the court stated. This conclusion arises from a reference to the EU judiciary by the district court in Hagen, Germany. It raised multiple queries and issues concerning the entitlement and scope to compensation for non-material harm—such as pain, distress or anxiety. Those questions centre primarily on whether an individual pursuing compensation for an EU GDPR breach must adduce proof of such harm in addition to evidence of the breach itself. The court further queried whether handing over a paper record to an unauthorised person is, by itself, sufficient to constitute an infringement of the EU GDPR. The German proceedings currently concern a disagreement about whether a Saturn electronics shop in Hagen contravened the EU GDPR when a member of...
In this issue: Competition and state aid Data protection and cybersecurity Environment Insurance and reinsurance Financial services IP Life Sciences TMT Daily and weekly news alerts Trackers New and updated content Competition and state aid Antitrust- Commission consults on commitments offered by Apple in Apple Pay abuse investigation The Commission has begun market testing of commitments proposed by Apple to resolve suspected dominance abuses linked to limiting access to the technology enabling in-store contactless payments on mobile devices. Refer to News Analysis: EU Competition law—daily round-up (19/01/2024). Antitrust- AG proposes Court of Justice should dismiss the Commission’s appeal in Intel Advocate General Medina delivered her opinion in Case C-240/22 Commission v Intel, which challenges the General Court’s judgment in Case T-286/09 RENV (following remittal from the Court of Justice) that partly set aside the...
The anticipated AI Act is in draft but already shaping contracts concerning the development and licensing of AI systems. It is now beyond doubt: the European Union’s artificial intelligence law, the EU AI Act, is on its way. Following news of a political deal in trilogue talks on 8 December 2023, the Act is expected to be adopted before the close of the current legislative term and the European elections in June 2024. While the precise provisions have not yet been finalised, drafts from the European Commission and the Council, together with details of the compromise shared by parliamentary figures, have surfaced—and the need to act is already pressing. The EU’s aim is to roll out fresh regulatory benchmarks for deploying AI systems, carefully balancing the benefits and risks of using AI across different fields. Alongside the broader EU AI Act, a...
After three days of negotiations, the text was updated to address delicate matters, including rules for AI foundation models—the technology behind popular chatbot Chat GPT—remote facial recognition, and any prohibited uses such as racial profiling. The AI Act largely sets duties for AI systems according to the degree of risk they pose to citizens’ health, safety and fundamental rights. Experts from EU governments will review the draft within the Working Party on Telecommunications and Information Society, a technical arm of the Council of the EU. Assuming no major alterations emerge, national ambassadors are expected to formally endorse the deal on 2 February 2024. The European Parliament committees overseeing the AI Act will then vote on the draft, before final approval by the parliament’s plenary in April. Foundation models The EU executive’s original 2021 AI Act proposal adopted a risk-based model, ensuring that...
Insurance Europe, Leaseurope, FIA, Figiefa and Clepa had anticipated the European Commission would table a data-access law by the close of 2023, yet the proposal has faced repeated hold-ups. The Commission’s internal vetting stage, the Regulatory Scrutiny Board, was still unfinished in late December 2023, with additional revisions on the horizon. The associations are pressing the Commission to move before the UN Economic Commission for Europe’s Regulation 155 takes effect on 7 July 2024. They fear it could undermine access to the on-board diagnostics port, or OBD, which remains the primary tool for most independent service providers. Richard Bullard, who chairs Leaseurope’s connected vehicle working group, warned at a Brussels press briefing that the regulatory cliff-edge is genuinely looming, and that, without action, independents will lose their sole route to the data on which they rely. He stressed that such access...
In this issue: Competition and state aid Data protection and cybersecurity Energy Environment Financial services Insurance and reinsurance IP Regulatory TMT Daily and weekly news alerts Trackers New and updated content Competition and state aid Antitrust— Advocate General recommends the Court of Justice uphold the fine imposed on Google for prioritising its own comparison shopping service Advocate General Kokott has delivered her opinion in P Google and Alphabet v Commission ( Google Shopping), Case C-48/22, an appeal against the General Court’s judgment in Case T-612/17 which partially upheld an action seeking annulment of the Commission’s 27 June 2017 decision in Google Search ( Shopping) ( AT.39740). She proposes that the Court of Justice dismiss the appeal in full and therefore maintain the €2.4bn penalty against Google. See News Analysis: EU Competition law—daily round-up (11/01/2024). Data protection and cybersecurity EU countries’ gazettes classed as data controllers even without choice over published content, EU court rules MLex: The EU’s highest court held that...
Why is the EU PTD 2015 being revised? The Commission launched its reassessment of the EU PTD 2015 five years after it took effect, and in the wake of widespread cancellations, liquidity pressures, and hurdles in reimbursing travellers during the coronavirus ( COVID-19) crisis. Its review concluded the EU PTD 2015 has not entirely achieved its aims or met the needs of travellers and organisers, leaving scope for enhancement and simplification. The Commission now intends to tackle the identified gaps, remove legal uncertainty, and reduce unnecessary complexity that creates difficulties for both travellers and organisers. It also aims to ensure stronger consistency between the EU PTD 2015 and EU passenger rights—protecting travellers more effectively, including in crisis situations—while improving business functionality in the package-travel sector. What are the key changes? The changes broadly fall into three main...
The responsibility of the gazettes' publishers as data controllers The EU Court of Justice held that publishers of official gazettes act as data controllers determining the purposes and means of processing, and that this duty applies irrespective of their legal status or any obligation to republish. A national gazette has sole responsibility for meeting the requirements of the EU General Data Protection Regulation, Regulation ( EU) 2016/679, unless national rules establish joint responsibility. Under the EU GDPR, several controllers can share responsibility for processing personal data. From the material before it, the court concluded that Belgian law had, at least implicitly, set the objectives and methods for the Moniteur Belge’s processing of personal data, thereby qualifying the gazette as a controller within the meaning of Article 4(7) GDPR. The reference arose from the Belgian Court of Appeal, which sought guidance on overall...
In this issue: EU fundamentals Banking and finance Competition and state aid Corporate Data protection and cybersecurity Free movement, immigration and employment Energy Environment Insurance and reinsurance Financial services IP Justice and home affairs Life sciences Regulatory TMT Daily and weekly news alerts Trackers New and updated content EU fundamentals Belgium’s programme for its term at the helm of the Council of the EU has been issued, outlining the presidency’s focus and overall course from 1 January to 30 June 2024. This analysis distils the central priorities for this six‑month period, mapped across the relevant Practice Areas. See News Analysis: The priorities of the Belgian presidency of the Council of the EU ( January– June 2024). The programme sets out its priorities and primary direction for the term...
Ambassadors from EU Member States have endorsed the Council of the EU’s partial mandate for negotiations on the proposed Strategic Technologies for Europe Platform ( STEP). STEP aims to bolster investment in critical technologies across digital and deep tech, clean tech and biotech, reduce the EU’s strategic dependencies and strengthen the EU’s long-term competitiveness......
The case stems from a dispute between three pharmacists Dr Hermann Vogel has brought a claim against pharmacists Holger Neubert and Michael Spiegel regarding their sale of pharmacy‑only medicines on Amazon Marketplace. Since 2017, the defendants have offered non‑prescription, pharmacy‑only products via that platform. These remedies, such as treatments for eye infections, do not require a prescription; however, they are not placed on open shelves and the dispensing pharmacist must provide advice on proper use. Alongside asking whether competitors may sue under the EU GDPR, Germany’s Federal Court of Justice has queried if order data from online purchases of pharmacy‑only medicines amounts to health data within Article 9 of the EU GDPR. In an earlier matter involving Meta Platforms, the Court of Justice confirmed that an association can bring GDPR actions, yet the EU GDPR contains no provisions enabling...
The European Banking Authority ( EBA) has issued final draft regulatory technical standards ( RTS) and final draft implementing technical standards ( ITS) on how supervisory colleges operate under the Capital Requirements Directive ( CRD). Adopted in 2015, these standards have now been revised to fully reflect the new requirements laid down......
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
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...
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 ...
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 ]...
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