The EU’s Financial Supervisory Authorities: Mind the Accountability Gap

Dr Marios Costa comments on the recent European Securities and Markets Authority (ESMA) judgement on the EU Law Analysis blog.  The judgment raises significant questions about the accountability of EU’s newly created financial agencies. Read Dr Costa’s full piece. Advertisements

Upcoming Publication by Dr Paul Gragl: “The Accession of the European Union to the European Convention on Human Rights”

After more than 30 years of discussion, negotiations between the Council of Europe and the European Union on the   EU’s accession to the European Convention on Human Rights have resulted in a Draft Accession Agreement. This will allow the EU to accede to the Convention within the next couple of years. As a consequence, … Continue reading

ISEL Meeting, 10 October 2012: Recent Developments in EU External Relations Law and the Competition between the Council of Europe and the European Union in the Regulation of Broadcasting

This week’s ISEL Meeting (Institute for the Study of European Laws) was dedicated to the most recent developments in the European Union’s external relations and saw presentations on both the general aspects of this field of law (including the interinstitutional strife between the Union’s organs about questions of competence) and a very particular legal issue … Continue reading

Biotech Patents and Morality after Brüstle

Post by Enrico Bonadio The article highlights some issues raised by the recent decision of the Court of Justice of European Union in Brüstle v Greenpeace, a widely reported case on the exclusion from patentability of inventions related to human embryonic stem cells (HESCs). The ruling first offers the opportunity to delve into an old … Continue reading

‘Communication to the Public’ in FAPL v QC Leisure and Murphy v Media Protection Services (C-403/08 and C-429/08)

Post by Enrico Bonadio On 4 October 2011 the Court of Justice of the European Union released its decision in FAPL v QC Leisure and Murphy v Media Protection Services (Joined Cases C-403/08 and C-429/08). Amongst the many aspects dealt with, the Court gave its interpretation of ‘communication to the public’ under Article 3(1) of … Continue reading

Trade Marks in Online Marketplaces: The CJEU’s Stance in L’Oreal v. eBay

Post by Enrico Bonadio On July 12, 2011 the Court of Justice of the European Union (CJEU) gave its decision in L’Oréal v eBay (C-324/09). The CJEU dealt with inter alia the following issues: (1) the aspects related to the nature of the goods sold by eBay’s users; (2) the liability of eBay in connection … Continue reading

A free and open Internet in Europe? Case C-70/10 Scarlet Extended SA v SABM

Post by Prof. Lorna Woods Photo: Xeni Jardin (xeni, CC via flickr) Case C‑70/10 Scarlet Extended SA v. Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM), judgment 24 November 2011 here. In 2004, SABAM requested that Scarlet, a Belgian Internet service provider, filter the online activities of its users to avoid illegal downloads, affecting copyright … Continue reading

Patentability and Human Embryos: Case C-34/10 Oliver Brüstle vs. Greenpeace

Post by Chiara Berneri Photo: euthman (CC via flickr) In a judgment on the 18th of October 2011, Oliver Brüstle vs. Greenpeace (Case No.  C-34/10), the European Court of Justice found that destructive research on human embryos cannot be patented. The Court established a broad definition of  “human embryo” stating that cells that have the … Continue reading

Supplementary Protection Certificates for Plant Protection Products

Post by Enrico Bonadio The European Court of Justice (ECJ) rendered a decision regarding supplementary protection certificates (SPCs) for plant protection products and provisional marketing authorizations. The ECJ clarified that SPCs for patented plant protection products may also be based on provisional marketing authorizations pursuant to Article 8(1) Directive 91/114. The full paper ‘Supplementary Protection … Continue reading

Seizures of In-Transit Generics at the EU Borders: India and Brazil v. The EU

Post by Enrico Bonadio On May 2010 India and Brazil filed a complaint at the WTO claiming that customs rules in the EU, Regulation 1383/2003 in particular, recently allowed customs authorities to detain certain lots of Indian generics in transit to non-EU states. India and Brazil maintain that these measures contradict relevant TRIPS and GATT … Continue reading