“EU member states cannot generally prohibit organisations’ legitimate and necessary but unauthorised processing of personal data where the information is not stored in specified public sources, the European Court of Justice (ECJ) has said.”
OUT-LAW.com, 28th November 2011
Source: www.out-law.com
“Court injunctions that force internet service providers (ISPs) to filter and monitor user traffic in order to prevent illegal file-sharing are contrary to EU law and fundamental rights, the European Court of Justice (ECJ) has said.”
OUT-LAW.com, 24th November 2011
Source: www.out-law.com
“The term ‘centre of a debtor’s main interests’ in article 3(1) of Council Regulation (EC) No 1346/2000 was to be interpreted by reference to European Union law, which attached greater importance to the place of the company’s central administration, in particular the place of its registered office. Where a company’s registered office was transferred before the lodging of a request to open insolvency proceedings, its centre of main activities was presumed to be the place of its new registered office.”
WLR Daily, 20th October 2011
Source: www.iclr.co.uk
“Britain looks set to be able to relax the EU’s controversial working time directive after David Cameron agreed a framework for negotiations with the German chancellor, Angela Merkel, in response to the eurozone crisis.”
The Guardian, 20th November 2011
Source: www.guardian.co.uk
“Under article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 a person who considered that his privacy rights had been infringed by content placed online on an internet website had the option of bringing an action either before the courts of the member state in which the publisher of that content was established or before the courts of the member state in which the centre of his interests was based. Under article 3 of Directive 2000/31/EC (‘the E-Commerce Directive’) member states had to ensure that, subject to the derogations authorised in accordance with the conditions set out in article 3(4), the provider of an electronic commerce service was not made subject to stricter requirements than those provided for by the substantive law applicable in the member state in which that service provider was established.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
“The Environmental Information Regulations 2004 (‘EIR’) did not require the Department of Energy and Climate Change (‘DECC’) to disclose information concerning the government’s analysis of the potential cost to the UK of strengthened climate change commitments by the EU, the First-tier Tribunal (General Regulatory Chamber, Information Rights) has held.”
UK Human Rights Blog, 16th November 2011
Source: www.ukhumanrightsblog.com
“UK copyright reform could be ‘undermined’ if the European Court of Justice (ECJ) rules that copyright levies must still be charged when rights holders have given their permission for work to be copied, an IT trade association has said.”
OUT-LAW.com, 14th November 2011
Source: www.out-law.com
“A system where newspaper stories can be ‘locked away’ but not entirely deleted from archives under new data protection law proposals could be used to ensure a balance is struck between privacy and free speech rights, a media law expert has said.”
OUT-LAW.com, 10th November 2011
Source: www.out-law.com
“An optional system of European contract law advice to the UK Government published.”
Law Commission, 10th November 2011
Source: www.justice.gov.uk/lawcommission
“Revenue & Customs could claw back more than £100m after European court ruling on VAT for slot machines and bingo games.”
The Guardian, 10th November 2011
Source: www.guardian.co.uk
“Last week Stephen Levinson wrote about the law making process, and in particular the problems which bedevil the creation of employment law.
These are all valid points, and no doubt applicable to many other areas of law. I would venture to add two further points.”
Halsbury’s Law Exchange, 2nd November 2011
Source: www.halsburyslawexchange.co.uk
“BT and TalkTalk have a ‘real prospect of success’ in arguing that the UK’s Digital Economy Act (DEA) violates EU laws on liability for communications made over the internet, a UK judge has said.”
OUT-LAW.com, 31st October 2011
Source: www.out-law.com
“Small businesses welcome the proposed legislation but the UK legal profession views it as a threat to its dominance.”
The Guardian, 28th October 2011
Source: www.guardian.co.uk
“European court of justice’s decision reinforces law under which UK online publishers can be sued in any EU member state.”
The Guardian, 25th October 2011
Source: www.guardian.co.uk
“Cutting-edge research into new medical treatments in Britain was thrown into disarray on Tuesday as the highest European court ruled that stem cells from human embryos cannot be patented.”
Daily Telegraph, 18th October 2011
Source: www.telegraph.co.uk
“Downing Street has brought forward a sensitive House of Commons vote on Europe next week amid fears that Tory MPs were planning to use David Cameron’s absence on an overseas visit to stage a large rebellion.”
The Guardian, 19th October 2011
Source: www.guardian.co.uk
“Immigration Minister Damian Green has informed Parliament that the UK will not be opting in to two EU asylum directives.”
Home Office, 13th September 2011
Source: www.homeoffice.gov.uk
“The Bar Council, which represents barristers in England and Wales, has warned of the dangers of adopting a European Sales Law, the latest legislative proposal by the European Commission which would introduce a second contract law into the laws of all Member States.”
The Bar Council, 11th October 2011
Source: www.barcouncil.org.uk
Rossetti Marketing Ltd v Diamond Sofa Co Ltd [2011] EWHC 2482 (QB); [2011] WLR (D) 287
“Whether a party was a commercial agent within the meaning of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the member states relating to self-employed commercial agents or the Commercial Agents (Council Directive) Regulations 1993 was to be determined by reference to the terms and context of the agreement at the date it was concluded. The non-derogable obligations of a commercial agent under article 3(1) of the Directive and regulation 3(1) of the 1993 Regulations, to look after the interests of the principal and to act dutifully and in good faith, were not to be imported into the definition of ‘commercial agent’ so that an agent acting for multiple principles did not fall within it.”
WLR Daily, 3rd October 2011
Source: www.iclr.co.uk
“The clauses of an exclusive licence agreement concluded between a holder of intellectual property rights and a broadcaster constituted a restriction on competition prohibited by article 101FEU of the FEU Treaty where they obliged the broadcaster not to supply decoding devices enabling access to that right holder’s protected subject matter with a view to their use outside the territory covered by that licence agreement.”
WLR Daily, 4th October 2011
Source: www.iclr.co.uk
© Inner Temple Library 2024