Searching Content indexed under Litigation, Mediation & Arbitration by Koen T’Syen ordered by Published Date Descending.
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ECJ Clarifies Interpretation Of Consumer Sales And Guarantees Directive
Accordingly, the ECJ favours the performance of the contract instead, rescission should be considered as a solution of last resort.
European Union
11 Jul 2019
Court Of Justice Of European Union Clarifies Concept Of "Misleading Omission" With Respect To Energy Classification Labelling Of Vacuum Cleaners
On 25 July 2018, the Court of Justice of the European Union handed down its judgment concerning energy labels in a case involving Dyson and BSH (ECJ, 25 July 2018, Case C-632/16, Dyson Ltd and Dyson BV v. BSH Home Appliances NV).
European Union
5 Oct 2018
ECJ Clarifies Extent Of Consumer Jurisdictional Privilege In Relation To Personal And Assigned Claims For Breach Of Data Rights
Facebook contested the jurisdiction of the Austrian court, which therefore asked for clarification from the ECJ in the form of a preliminary reference.
European Union
6 Mar 2018
EU Court Of Justice Holds That Uber Is Transport Services Company
The E-commerce Directive prohibits EU Member States from restricting the freedom to provide information society services from another EU Member State.
European Union
14 Feb 2018
Advocate General Proposes Clarification Of Obligations When Related Companies Submit Individual Tenders
On 22 November 2017, Advocate General Campos Sánchez-Bordona (the "AG") gave his opinion in Case C-531/16 Šiaulių regiono atliekų tvarkymo centras and Others (the "Opinion").
European Union
15 Jan 2018
ECJ Finds Spanish General Prohibition On Selling At A Loss Incompatible With EU Law
The ECJ delivered its judgment in response to a request for a preliminary ruling from the Administrative Court of Murcia in a dispute between Europamur Alimentación SA ("Europamur")...
European Union
18 Dec 2017
Brussels Court Of Appeal Sides With Ferrero In Hazelnut Spread Saga Against Delhaize And Partly Overturns Brussels Commercial Court Judgment
The dispute concerned various marketing communications of Delhaize emphasising the absence of palm oil in its private-label hazelnut spread.
European Union
10 Aug 2017
ECJ Rules On Definition Of Pyramid Promotional Schemes
Under the Lucky4All scheme, groups of lottery players play together in an eight-level pyramid scheme.
European Union
13 Feb 2017
ECJ Holds That French Courts Have Power To Block Sales On Foreign Websites
Article 5(3) of the Brussels I Regulation provides that, in matters relating to tort, a person domiciled in an EU Member State may, in another EU Member State, be sued "in the courts for the place where the harmful event occurred or may occur".
European Union
13 Feb 2017
Supreme Court Rules On Prohibition Of Sales At A Loss
In its judgment, the Supreme Court dismissed the appeal against a judgment of the Ghent Court of Appeal of 16 December 2013 in a dispute pitting Euronics Belgium against Kamera Express BV and Kamera Express Belgium BVBA.
9 Feb 2017
ECJ Expands Concept Of "Seller" Under Consumer Sales Directive
The opposite interpretation would deprive consumers from the protection granted by the Consumer Sales Directive.
European Union
17 Jan 2017
According To Advocate General Wathelet, French Courts Have Power To Block Sales On Foreign Websites
Samsung operates a selective distribution system for its high-end products and prohibits its dealers from selling outside the network, including over the Internet.
16 Jan 2017
ECJ Dismisses Request For Preliminary Ruling In Proceedings Against Uber
This question brings up the concept of ride-sharing, where private individuals, taking the same route, can share the costs.
European Union
16 Jan 2017
ECJ Rules On Fairness Of Standard Choice Of Law Clauses In B2C Relationships
On 28 July 2016, the Court of Justice of the European Union ruled that a standard choice of law clause in favour of the law of the EU Member State in which the seller or supplier is established, is unfair.
20 Sep 2016
Court Of Justice Rules That Flemish Language Decree Violates EU Law On Free Movement Of Goods
On 21 June 2016, the Grand Chamber of the Court of Justice of the European Union (the "ECJ") handed down a judgment in response to a request for a preliminary ruling from the Ghent Commercial Court...
13 Jul 2016
EU Court Of Justice Confirms Validity Of Tobacco Products Directive
Subject to a few exceptions, EU Member States should apply the national implementing measures of the TPD as from 20 May 2016.
European Union
16 Jun 2016
President Of Brussels Commercial Court Dismisses Cease-And-Desist Action Brought By Ferrero Against Delhaize
On 25 November 2015, the President of the French-speaking section of the Brussels Commercial Court dismissed a cease-and-desist action brought by Ferrero, producer of Nutella®, against retailer Delhaize.
13 May 2016
Advocate General Court Of Justice Of European Union Confirms Validity Of Prohibition On Price Reductions For Tobacco Products
The supermarket chain had sold tobacco products at a unit price below the price indicated on the revenue stamp affixed by the manufacturer or importer and had applied several types of discounts to tobacco products.
European Union
13 May 2016
Court Of Justice Passes Judgment On Belgian Commercial Agency Legislation
On 3 December 2015, the Court of Justice of the European Union ruled on a request for a preliminary ruling from the Brussels Court of Appeal regarding the interpretation of Council Directive 86/653/EEC of 18 December 1986 .
11 Jan 2016
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