principle

Società Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong support for party autonomy, holds the validity of asymmetric choice of court IS covered by Brussels Ia and, in principle, valid provided it be limited to EU or Lugano States courts. – Go Health Pro

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Società Italiana Lastre. The CJEU (once again ignoring renvoi nb) in strong support for party autonomy, holds the validity of asymmetric choice of court IS covered by Brussels Ia and, in principle, valid provided it be limited to EU or Lugano States courts. – Go Health Pro

Background to Case C-537/23 Società Italiana Lastre SpA (SIL) v Agora SARL, in which the CJEU held yesterday, is here. The choice of court clause that is the subject of the proceedings reads the court of Brescia [(Italy)] will have jurisdiction over any dispute arising from or related to this contract. [SIL] reserves the right to bring … Read more

Owusu rules. CJEU confirms absence in principle of reflexive effect of Brussels Ia’s exclusive jurisdictional rules in BSH Hausgeräte. – gavc law – geert van calster – Go Health Pro

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Owusu rules. CJEU confirms absence in principle of reflexive effect of Brussels Ia’s exclusive jurisdictional rules in BSH Hausgeräte. – gavc law – geert van calster – Go Health Pro

The CJEU confirmed this morning in C‑339/22 BSH Hausgeräte GmbH v Electrolux AB (no language versions other than French and Swedish at the time of posting) that in principle Brussels Ia’s exclusive jurisdictional rule for registered intellectual property rights (A24(4) has no reflexive effect. [I suggest below that the reasoning extends to all of A24). … Read more

The principle of competition is dead. Long live the principle of competition (Free webinar) — How to Crack a Nut – Go Health Pro

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The principle of competition is dead. Long live the principle of competition (Free webinar) — How to Crack a Nut – Go Health Pro

Free webinar: 22 March 2024 *revised time* 1pm UK / 2pm CET / 3pm EET. Registration here. The role of competition in public procurement regulation continues to be debated. While it is generally accepted that the proper functioning of procurement markets requires some level of competition – and the European Court of Auditors has recently … Read more

Private copying levies, broadcasters and the principle of equal treatment – C-260/22 Seven.One Entertainment Group v Corint Media – Go Health Pro

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Private copying levies, broadcasters and the principle of equal treatment – C-260/22 Seven.One Entertainment Group v Corint Media – Go Health Pro

Photo by ThisisEngineering on Unsplash In November 2023, the CJEU cast light on the right to fair compensation under the private copying exception harmonised by Article 5(2)(b) InfoSoc Directive and the thorny issue of whether broadcasters are entitled to it. This post considers this judgment. The big question is whether there’s anything more to this … Read more

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