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European Union: 23 Member States Sign Common Notification to Deepen Defense Cooperation

(Nov. 28, 2017) Member States of the European Union (EU) have taken a formal step toward closer cooperation in defense and security.  On November 13, 2017, 23 of the 28 EU Member States signed a common notification on the Permanent Structured Cooperation (PESCO) on security and defense and submitted it to the High Representative of […]

European Union: Twenty Member States Create European Public Prosecutor’s Office

(Oct. 25, 2017) On October 12, 2017, the 20 European Union (EU) Member States that had agreed to establish a European Public Prosecutor’s Office (EPPO) within the framework of enhanced cooperation adopted a regulation that establishes the EPPO. The EPPO will be in charge of investigating, prosecuting, and bringing to justice the perpetrators of, and […]

European Union: National Legislation Prohibiting Extension of Probationary Period for Civil Servants on Parental Leave Ruled Incompatible with EU Law

(Oct. 4, 2017) On September 7, 2017, the European Court of Justice (ECJ) held that the provision of the Civil Service Act of the German state of Berlin that prohibited extension of the two-year probationary period of a civil servant appointed to a managerial post, even when the civil servant was on parental leave for […]

European Union: “Milk” Cannot Be Used to Market Purely Plant-Based Products

(June 27, 2017) On June 14, 2017, the European Court of Justice (ECJ) held that the term “milk” and other milk product names cannot, in principle, be used to designate a purely plant-based product even if clarifying or descriptive terms indicating the plant origin of the product concerned are used (e.g., tofu butter). The Court […]

European Union: Court Dismisses German Bank’s Challenge Against “Significant Entity” Classification

(June 22, 2017) In a decision issued on May 16, 2017, the General Court of the European Union confirmed the decision of the European Central Bank (ECB) to classify the German State bank Landeskreditbank Baden-Württemberg – Förderbank as a “significant entity.” The bank is therefore subject to direct supervision by the ECB rather than supervision […]

European Union: Exclusive Competence over Marrakesh Treaty Confirmed

(May 23, 2017) On February 14, 2017, the Court of Justice of the European Union (CJEU), in line with a CJEU Advocate General’s opinion, ruled that the EU enjoys exclusive competence in defining copyright rules concerning materials intended for use by people with disabilities. The Court stated that the Treaty falls, to a large extent, […]

European Union: Court of Justice Expands Scope of Copyright Infringement to Sellers of Multimedia Players

(May 2, 2017) On April 26, 2017, the European Court of Justice (ECJ) held that the sale of a multimedia player that enables protected works available illegally on the Internet to be viewed easily and for free on a TV screen could constitute an infringement of copyright. The sale of such a player is a […]

European Union: Court of Justice Rules Member States Not Required Under EU Law to Issue Humanitarian Visas

(Mar. 14, 2017) On March 7, 2017, the European Court of Justice (ECJ) held that Member States are not obligated under European Union law to issue humanitarian visas to asylum seekers, because such applications fall within the scope of national law. (Case C-638/16, X and X v. État belge (Mar. 7, 2017), CURIA.) Facts of […]

European Union: Court Rejects Compensation of Commercial Banks over Greek Debt

(Feb. 8, 2017) In a decision issued on January 24, 2017, the General Court of the European Union determined that the European Central Bank (ECB) is not obligated to compensate commercial banks for losses they incurred in 2012 from the restructuring of Greek debt. The Court said that the ECB had not broken the law by […]