News & Analysis as of

Jurisdiction European Court of Justice (ECJ)

Smith Gambrell Russell

Stockholm Chamber of Commerce Amends Policy on Seat Selection in Intra-EU Arbitrations to Help Ensure Enforceability of Awards

Smith Gambrell Russell on

On November 5, 2024, the Stockholm Chamber of Commerce Arbitration Institute (“SCC”) announced an important change to its policy regarding seat selection “to make every effort to ensure an arbitral award rendered under the...more

Morrison & Foerster LLP

Illumina Grail: European Court Limits Commission Jurisdictional Reach in Merger Cases

The European Court of Justice (the ECJ), the EU’s highest court, has fully rejected the European Commission’s (the Commission) policy of interpreting Article 22 of the EU Merger Regulation (EUMR)[1] in a way that would allow...more

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

Alston & Bird on

Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Dechert LLP

European Court of Justice Considers Limits on European Commission's Merger Review Powers

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Applying its recent re-interpretation of Article 22 of the European Union Merger Regulation (“EUMR”), which enables Member States to refer to the European Commission (the “Commission”) transactions that do not reach either EU...more

Walkers

Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Walkers on

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons"....more

McDermott Will & Emery

Verjährung von Ansprüchen auf Urlaubsabgeltung

Bundesarbeitsgericht (BAG) konkretisiert Rechtsprechung - Gemäß § 7 Abs. 4 BUrlG ist Urlaub abzugelten, wenn er wegen Beendigung des Arbeitsverhältnisses ganz oder teilweise nicht mehr gewährt werden kann. Nachdem das BAG...more

Morrison & Foerster LLP

German Federal Fiscal Court Deciding on Unjustified Discrimination of Non-EU Pension Funds

Under the German Corporate Income Tax Act (Sec. 32 para. 1 no. 2 German Corporate Income Tax Act, KStG), in the case of dividend payments, non-EU pension funds—unlike local pension funds—do not have the right to claim a...more

White & Case LLP

Jurisdiction in insolvency proceedings: unchartered territory beyond Galapagos

White & Case LLP on

While the timing of competing English and German insolvency applications in Re Galapagos1 allowed for clear determination of jurisdiction under the UK Insolvency Regulation, there remains potential uncertainty as to how...more

Spirit Legal

Jurisdiction clarified: International online travel agencies can be sued in Germany for infringement of competition law

Spirit Legal on

On 24 November, the European Court of Justice (ECJ) issued its long-awaited judgment in the “Wikingerhof” case (ref. C-59/19), which had had the German hotel industry on tenterhooks. Although the name might suggest it had...more

A&O Shearman

Scope of Jurisdiction of Court of Justice Over UK Matters Confirmed

A&O Shearman on

The Court of Justice of the European Union has published a press release on the consequences for it of the U.K.'s withdrawal from the EU on January 31, 2020. The announcement confirms that U.K. judges will no longer serve the...more

Knobbe Martens

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

Knobbe Martens on

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

Locke Lord LLP

Brexit: What You Need To Know - Litigation

Locke Lord LLP on

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

McDermott Will & Emery

EU Court of Justice Reduces Cartel Fine: General Court of the EU Exceeded its Jurisdiction

McDermott Will & Emery on

The Court of Justice of the European Union (Court),the EU’s highest court, recently issued a judgment in case C-603/13 P, Galp Energía España SA and others v Commission, reducing the fine imposed on certain companies that...more

Foley Hoag LLP - Security, Privacy and the...

Weltimmo v. Hungarian Data Protection Authority: EU Rules on What It Means To Be “Established” in a Jurisdiction

While the Schrems decision invalidating the US-EU Safe Harbor Program is rightly attracting a great deal of attention (as well as blogging and webinars) – and leaving many wondering what to do in the absence of the US-EU Safe...more

Dechert LLP

The Sofa Workshop v Sofaworks - Intellectual Property Enterprise Court considers requirements for genuine use of a CTM

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The UK's Intellectual Property Enterprise Court recently handed down its judgment in The Sofa Workshop Ltd v Sofaworks Ltd. The case highlights the difficulties that the international nature of Community trade marks (“CTMs”)...more

K&L Gates LLP

ECJ Interprets Rules of Jurisdiction for Cartel Damages Claims

K&L Gates LLP on

The European Court of Justice (“ECJ”) has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of...more

Latham & Watkins LLP

ECJ Decision in LCD Cartel Case Affirms Potential for Higher Fines to be Imposed on Vertically Integrated Companies

Latham & Watkins LLP on

Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe. On 9 July 2015, the...more

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more

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