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Technical shapes are excluded from trademark protection, in order to prevent trademark monopolies on technical solutions. The Court of Justice applies this anti-monopoly rationale in a broad way, ensuring, as it does, freedom of technical choice for competitors. However, the exclusion also has it limits: it only applies when all essential characteristics of the shape are functional; if this is not...
The proposed amendments to the EU Shareholders’ Rights Directive purport to improve shareholder rights and powers in investee companies. In general, these initiatives provide minority shareholders with confidence in corporate governance and could be useful as a supply-side stimulating measure to encourage investor interest in pan-European equity markets, therefore contributing to the much-needed European...
This article presents the main findings of a study recently published by the European Commission on the training needs of national judges in the field of EU competition law. The study, prepared by ERA, the European Judicial Training Network and Ecorys, proposes distinct training profiles, depending on whether judges deal with the public or private enforcement of competition law (or with State aid),...
The paper examines the first fifteen years of capital market regulation in Malta. The central argument is that EU law on market abuse combined with the implementation of a single regulator, have strengthened Malta’s legislative framework in this field and the mechanisms for supervision and enforcement. Nonetheless, the establishment of the European Systemic Risk Board and the transfer of supervisory...
This article discusses infrastructure and State aid in light of the Communication on the compatibility of State aid for the execution of important projects of common European interest (the IPCEI Communication), which has been adopted by the European Commission (Commission), with a view to have a standard approach to State aid cases involving large infrastructure projects. (Official Journal C 188 of...
The Judgment of the Court of Justice in Art & Allposters International concerned a claim that the transfer of an image from paper poster to artist’s canvas infringed copyright in that image. It is argued here that, while the case sheds little light on the potential application of Usedsoft to copyright works generally, its significance extends well beyond the relatively specialist practices with...
Under the harmonised European trade mark regime marks with a reputation enjoy expanded protection. This article casts doubt on whether this ‘reputational trigger’ can be justified. It then explores some difficult operational questions about the way the reputation threshold works in cases where the mark enjoys fame only in niche markets or in a limited geographical area, the aim being to illustrate...
The recent attempt to amend the Shareholders Rights Directive provides an opportunity to review the Commission’s policy towards corporate governance. The evidence is now clear that the Commission is among the numerous victims of the ideology of “agency theory”. It obviously considers that corporate governance is an instrument via which corporate officers and directors are to be transformed into agents...
This contribution deals with the most recurrent private international law issue brought before the Court of Justice (the Court) over the last six years, i.e. the determination of international jurisdiction in matters relating to tort, delict or quasi-delict, pursuant to what is now Art. 7(2) of Regulation No. 1215/2012. The crucial question in this connection is how to achieve both predictability...
New collaborative economy models are influencing existing businesses. The most visible examples of the collaborative/platform economy involve renting apartments, sharing cars (TNC) and the delivery of goods and services. Surveys reveal significant economic potential within the collaborative economy but also a large degree of uncertainty regarding rights and obligations (liabilities, protection of...
Résumé Dans cinq arrêts concordants la Cour de justice justifie que la législation nationale d’un Etat membre puisse subordonner l’octroi de prestations sociales à des personnes non économiquement actives venant résider sur son territoire à la condition que les demandeurs disposent de ressources suffisantes pour bénéficier d’un droit de séjour légal au sens de la directive 2004/38 et juge une telle...
The authors analyze and discuss two of the most recent ECtHR judgments on transgenders’ rights under the European Convention: Hämäläinen v. Finland (2014) and Y.Y. v. Turkey (2015). Throughout an in depth investigation of the circumstances of the cases, as well as of the assessments of the European Court, the authors aim at illustrating the ECtHR’s renunciation of fully enforcing transgenders’...
This article analyses whether an employer may justify a ban on religious symbols because of economic interests, such as the protection of a company’s image or customer preference. It explains the concept of managerial authority and conditions under which economic interests must yield to the principle of non-discrimination. It also suggests a method of aligning the duty of accommodation in the justification...
Special non-contributory benefits (SNCBs) include benefits intended solely for the specific protection of disabled people. SNCBs are not exportable under EU law. This paper asks whether SNCBs discriminate against disabled people exercising their right to free movement. Two further questions will be explored in this article: Firstly, whether the difference of treatment identified falls within the scope...
Prior to the recent adoption of the Alternative Dispute Resolution Directive and the Online Dispute Resolution Regulation by the EU Commission, the use by consumers of ADR to resolve disputes with traders has varied widely across the EU, even though ADR often offers a more cost-effective and speedy resolution to disputes than court proceedings. This article examines the use of ADR by EU consumers...
As a result of the referendum organised on 23 June 2016, the United Kingdom will leave the European Union at a date and under modalities which are yet to be determined. The consequences of what is now referred to as “Brexit” are difficult to apprehend, especially in relation to insurers operating on a cross-border basis either from or to the United Kingdom. This article provides a preliminary analysis...
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