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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 […]

Netherlands: Mandatory Digital Litigation Extended to Asylum and Detention Cases

(June 15, 2017) According to the Dutch Ministry of Security and Justice, beginning on June 12, 2017, a new system of simplified, digital litigation will be used for all asylum and detention cases handled by all courts in the Netherlands and, as of September 1, the new system will be required for claims cases requiring legal representation […]

Saint Lucia: Awareness Campaign on Mediation Launched

(June 12, 2017) In a press release issued by the Saint Lucia Registry of the Eastern Caribbean Supreme Court (ECSC), the Registry has launched an island-wide sensitization and awareness campaign on mediation as an alternative means of dispute resolution. The press release states, “[m]ediation is a structured dispute resolution process where an impartial third party, […]

Germany: Third Parties Have Legal Right to Anonymized Copy of Civil Decisions

(June 12, 2017) On April 5, 2017, the German Federal Court of Justice (Bundesgerichtshof, BGH) held that civil courts must make anonymized copies of decisions available to third parties.  It added that the third party does not need to prove a legitimate interest, as is generally necessary to inspect court records.  The BGH decision was […]

Taiwan: Constitutional Court Rules Same-Sex Marriage Prohibition Unconstitutional

(June 5, 2017) On May 24, 2017, Taiwan’s Constitutional Court announced J.Y. Interpretation No. 748, which rules that the prohibition of same-sex marriage in the current Civil Code violates the Constitution. (Judicial Yuan Interpretation No. 748 and Reasons (May 24, 2017), Judicial Yuan website (in Chinese) (click on the first PDF link); Press Release, On the Same […]

Sweden: Swedish Prosecutors Discontinue Assange Investigation

(June 2, 2017) On May 19, 2017, the Swedish Director of Public Prosecution, Marianne Ny, announced that she had discontinued the investigation into the alleged rape committed by Julian Assange against a woman in Sweden. (Press Release, Swedish Prosecution Authority, The Investigation Against Julian Assange Is Discontinued (May 19, 2017); Beslut [Decision], Case AM-131226-10, Swedish […]

Germany: Purchase of Lethal Dose of Narcotics for Painless Suicide Not Deniable in “Extremely Exceptional Situations”

(May 24, 2017) On March 2, 2017, Germany’s Federal Administrative Court (Bundesverwaltungsgericht (BVerwG)) held that the constitutionally guaranteed general right to protection of personality includes the right of seriously and terminally ill patients to decide how and when to end their lives, provided that the patients are able to form the decision of their own […]

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, […]

Germany: Constitutional Right to Reimbursement for Uncovered Health Care Services Only Exists in Emergencies

(May 17, 2017) On May 11, 2017, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) declined to accept a case for review that challenged a lower court’s decision not to obligate the applicant’s statutory health insurance to pay for intravenous immunoglobulin therapy (antibody infusions) not covered under her plan, to treat her autoimmune disease. (BVerfG, 1 BvR 452/17, […]