BT and Talk Talk lose file-sharing appeal – BBC News
“BT and Talk Talk have lost an appeal over controversial measures to tackle copyright infringement online.”
BBC News, 6th March 2012
Source: www.bbc.co.uk
Category: EC law
Antitrust and Regulatory Risks in the Energy Sector – Thirty Nine Essex Street
“A review of EU action over time in creating a competitive, internal market in gas and electricity.”
Full story (PDF)
Thirty Nine Essex Street, 25th January 2012
Source: www.39essex.com
O’Brien v Ministry of Justice – WLR Daily
O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58
“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
Football Dataco Ltd and Others v Yahoo! UK Ltd and Others – WLR Daily
Football Dataco Ltd and Others v Yahoo! UK Ltd and Others (Case C-604/10); [2012] WLR (D) 57
“A ‘database’ within the meaning of article 1(2) of Directive 96/9/EC was protected by the copyright laid down by article 3(1) of the Directive provided that the selection or arrangement of the data which it contained amounted to an original expression of the creative freedom of its author, which was a matter for the national court to determine.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
New report published on age and employment – Cloisters
“A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled ‘Age and Employment’ is now available.”
Cloisters, 22nd February 2012
Source: www.cloisters.com
Can UK courts pass judgment on due process in other Convention countries? – UK Human Rights Blog
“The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6.”
UK Human Rights Blog, 5th March 2012
Source: www.ukhumanrightsblog.com
The new EU data protection framework: uniform, prescriptive and ambitious – Halsbury’s Law Exchange
“These are truly exhilarating times for the data protection world. Viviane Reding’s recent announcement of the Commission’s proposal for a fully harmonised European data protection framework had the connotations of an Olympic opening ceremony – the years of hard work in preparation for this moment, the sense of achievement in the face of challenge and the triumphant belief that something memorable is going to come out of this. Only the big drums and the flame were missing. The jury is now out but this is without a doubt the most significant global legislative development affecting the collection, use and protection of personal information of the past 15 years.”
Halsbury’s Law Exchange, 2nd March 2012
Source: www.halsburyslawexchange.co.uk
Regulators may not be able to enforce data protection regime outside of EU, ICO says – OUT-LAW.com
“Regulators will not be able to hold companies based outside the EU accountable to proposed new data protection laws unless current enforcement mechanisms are changed, the Information Commissioner’s Office (ICO) has said.”
OUT-LAW.com, 29th February 2012
Source: www.out-law.com
Flachglas Torgau GmbH v Federal Republic of Germany – WLR Daily
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09); [2012] WLR (D) 45
“The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be applied to ministries to the extent that they participated in the legislative process, in particular by tabling draft laws or giving opinions.”
WLR Daily, 14th February 2012
Source: www.iclr.co.uk
‘Friends’-only postings not subject to ‘right to be forgotten’ rules, Commission says – OUT-LAW.com
“The operators of social networking sites, such as Facebook, would not be obliged to delete every piece of information about individuals that they host under proposed new EU ‘right to be forgotten’ laws, the European Commission has said.”
OUT-LAW.com, 24th February 2012
Source: www.out-law.com
Data Protection for the 21st Century: The EU Reform Proposals – 11 KBW
“This is the second of two papers summarising the impact of the draft ‘General Data Protection Regulation’ proposed by the European Commission on 25 January 2012, as a replacement for the existing Data Protection Directive 95/46/EC. It follows on from Timothy Pitt-Payne QC’s paper which introduced the proposed Regulation and summarised Chapters I-IV.”
Full story (PDF)
11 KBW, 22nd February 2012
Source: www.11kbw.com
Data Protection: The EU Reform Proposals – 11 KBW
“This paper focuses on the proposed General Data Protection Regulation (and in particular its first four chapters), explaining the background and context of the proposals, and some of their main implications for individuals, and for organisations in the private and public sector that handle personal data.”
Full story (PDF)
11 KBW, 22nd February 2012
Source: www.11kbw.com
Courts cannot force social networks to broadly monitor for illegal file-sharing, ECJ rules – OUT-LAW.com
“National courts cannot force social networks to monitor for copyright infringement by users because it would not strike a ‘fair balance’ between the rights of rights holders and the rights of those platforms and its users, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 16th February 2012
Source: www.out-law.com
Woman who battled cancer must fight law to return ovary – Daily Telegraph
“A woman left infertile by teenage cancer is having to battle the law to get doctors to give her back the ovary that she had frozen before chemotherapy.”
Daily Telegraph, 15th February 2012
Source: www.telegraph.co.uk
Call for evidence on the European Commission’s data protection proposals – Ministry of Justice
“The Government is seeking evidence on new legislative proposals for data protection which were published by the European Commission on 25 January 2012.”
Ministry of Justice, 7th February 2012
Source: www.justice.gov.uk
Frisdranken Industrie Winters BV v Red Bull GmbH – WLR Daily
Frisdranken Industrie Winters BV v Red Bull GmbH (Case C-119/10); [2012] WLR (D) 20
“A service provider who, under an order from and on the instructions of another person, filled packaging which was supplied to it by the other person who, in advance, affixed to it a sign which was identical with, or similar to, a sign protected as a trade mark did not itself make use of the sign that was liable to be prohibited under that provision.”
WLR Daily, 15th December 2012
Source: www.iclr.co.uk
Kücük v Land Nordrhein-Westfalen – WLR Daily
Kücük v Land Nordrhein-Westfalen Case C-586/10; [2012] WLR (D) 11
“Clause 5(1)(a) of the framework agreement on fixed-term work, in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, meant that a temporary need for replacement staff, provided for by national legislation could, in principle, constitute an objective reason under that clause for the renewal of successive fixed-term contracts. The mere fact that an employer had to employ temporary replacements on a recurring, or even permanent, basis and that those replacements might also be covered by the hiring of employees under employment contracts of indefinite duration did not mean that there was no objective reason under clause 5(1)(a) or that there was abuse within the meaning of that clause.”
WLR Daily, 26th January 2012
Source: www.iclr.co.uk
Proposed online privacy rules are a ‘missed opportunity’ – The Lawyer
“Lawyers have expressed concern over the European Commission’s overhaul of the EU’s online privacy rules that will see companies facing fines of as much as 2 per cent of annual turnover for breach of code.”
The Lawyer, 25th January 2012
Source: www.thelawyer.com
Alstom Transport v Eurostar International Ltd – WLR Daily
Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4
“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”
WLR Daily, 20th January 2012
Source: www.iclr.co.uk
