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European Union Case Law

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Copyright law

CY v Gândul Media Network SRL and HO

The Court held that a social-media text may be a protected work if it reflects the author’s personality, and that Article 5(3)(c) allows short extracts but not a ban on commercial benefit.

  • Concept of a work
  • Reproduction right
  • Exception for reporting current events
  • Online press and social media content
  • Three-stage test
  • Proportionality
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Tax law

A&P Deco NV v Belgische Staat

In a VAT reference, the Court held that an exempt lease of premises to the business transferee requires the transferor to adjust its original input VAT deduction.

  • Common system of vat
  • Transfer of a totality of assets
  • Letting of immovable property
  • Right of deduction
  • Adjustment of vat deduction
  • Fiscal neutrality
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Public procurement

Warbud S.A. v European Border and Coast Guard Agency (Frontex)

The General Court dismissed Warbud’s challenge to Frontex’s procurement decision on Frontex’s Warsaw premises, finding adequate reasons and no manifest error.

  • Tender rejection
  • Abnormally low tender
  • Obligation to state reasons
  • Admissibility
  • Interest in bringing proceedings
  • Statement of modification
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Intellectual property law

Health Labs Care S.A. v European Union Intellectual Property Office

The General Court annulled EUIPO’s Board of Appeal decision, finding that for a non-negligible part of the public there was a likelihood of confusion between the signs.

  • Opposition proceedings
  • Relative ground for refusal
  • Article 8(4) regulation (eu) 2017/1001
  • Likelihood of confusion
  • Comparison of signs
  • Distinctive character
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Eu law

Ferring Pharmaceuticals A/S v European Commission

The General Court dismissed Ferring’s challenge to the EU marketing authorisation for Degarelix Accord, finding no manifest error in the EMA’s bioequivalence assessment.

  • Generic medicinal products
  • Marketing authorisation
  • Bioequivalence and bioavailability
  • Manifest error of assessment
  • Good administration
  • Publication of epar
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European union law

Galina Evgenyevna Pumpyanskaya v Council of the European Union

The General Court annulled EU restrictive measures maintaining Galina Evgenyevna Pumpyanskaya on the sanctions lists, finding the Council had not shown she benefited from her husband.

  • Freezing of funds
  • Maintenance of listing
  • Benefitting from a leading businessperson operating in russia
  • Error of assessment
  • Annulment of restrictive measures
  • Restrictive-measures
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Intellectual property

Puma SE v European Union Intellectual Property Office

The General Court dismissed Puma SE’s action against an EUIPO invalidity decision on a footwear sole design, holding that the contested design had individual character.

  • Eu design invalidity
  • Individual character
  • Novelty
  • Different overall impression
  • Informed user
  • Degree of freedom of the designer
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Eu law

Özkan Demir Çelik Sanayi AŞ v European Commission

The General Court dismissed Özkan Demir Çelik Sanayi AŞ’s action against a definitive anti-dumping duty on steel bulb flats, upholding the Commission’s currency and quarterly calculation methods.

  • Definitive anti-dumping duty
  • Currency conversions
  • Ordinary course of trade
  • Fair comparison
  • Dumping margin calculation
  • Anti-dumping
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