European Union: International Courts & Tribunals

The European Court of Justice has ruled on whether a foreign tax credit mechanism can neutralise discriminatory withholding tax treatment for US Regulated Investment Companies receiving dividends from Spanish listed companies. The Spanish Supreme Court must now determine if theoretical neutralisation at shareholder level can ever be achieved in practice, given the exceptionally high evidentiary bar set by the CJEU.

EU-domstolen har prövat om en tillåten ändring kan ske av ett upphandlat kontrakt efter att leverantörens prestationer har fullgjorts och faktura har utställts, men denna ännu inte har betalats av den upphandlande myndigheten. Frågan handlar om huruvida en sådan ändring kan anses ha skett under kontraktets löptid.

The EU Court of Justice has ruled on whether Swedish press certificates can shield commercial data brokers from GDPR obligations. The landmark decision clarifies that holding a press certificate does not automatically exempt companies from data protection law, and that running a paid database of personal information without genuine editorial processes does not qualify as journalism.

The Unified Patent Court's Court of Appeal issued a significant ruling on evidence production requests in appeal proceedings involving Network System Technologies LLC and Qualcomm entities. This case addresses procedural matters under Rule 190 of the Rules of Procedure concerning three European patents related to telecommunications technology.

The Local Division Brussels of the Unified Patent Court issued a procedural order addressing the admissibility of further written pleadings in a patent infringement dispute between Establishment Labs S.A. and GC Aesthetics entities concerning European Patent EP 3 107 487. The order examines procedural rules governing additional submissions in both the main infringement action and the related counterclaim for revocation, with considerations of accessory liability under multiple national jurisdictions.

Luxembourg and Belgium offer robust legal frameworks for arbitration proceedings, with comprehensive procedures for challenging and enforcing arbitral awards. Legal professionals can leverage detailed insights into post-award proceedings, recognition mechanisms, and remedies available through the courts in both jurisdictions.

A recent Court of Justice of the European Union ruling clarifies how courts may assess enforcement risks in cross-border disputes, particularly when creditors face legislative barriers in the debtor's jurisdiction. The judgment addresses whether past conduct and national laws impeding enforcement can be considered when evaluating applications for European Account Preservation Orders.

Cross-border parental responsibility disputes raise complex questions of jurisdiction, particularly where children have become settled in another country. The Cyprus Court of Appeal recently examined whether Cypriot courts had jurisdiction over four children who had relocated to Germany, where they were living, attending school, and integrating socially.

The EU General Court has issued a significant ruling regarding Crocs' design rights, examining the validity and scope of protection for the iconic footwear design. This case explores the boundaries of design protection in the European Union and raises important questions about what elements of a product design can be legally protected.