European Court of Justice

Prohibition of online sales of luxury products?

Can an authorized retailer be prohibited from selling online or on a third-party online platform?

Transferring the registered office of a Polish company abroad does not require the company to be liquidated in Poland

The Court of Justice has ruled that under the EU principle of freedom of establishment, transfer of the registered office of a Polish company abroad within the European Economic Area cannot be conditioned on conducting liquidation of the company in Poland.

Coordination of commercial policy and exhaustion of trademark rights

The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.

Are bilateral investment treaties between member states compatible with EU law?

CJEU Advocate General Melchior Wathelet issued his opinion in C-284/16 Achmea on 19 September 2017. He takes the view that the existence of bilateral investment treaties between member states is compatible with EU law.

A contractor’s experience means work actually done with the contractor’s involvement: A controversial ruling?

The Court of Justice held in Esaprojekt sp. z o.o. v Województwo Łódzkie (Case C-387/14) that a contractor entering a tender individually cannot rely on the experience of a group of contractors it was a member of in performing another public contract if the contractor was not actively and specifically involved in performance of the contract. The ruling, issued in the context of a Polish tender, is widely regarded in Poland as controversial. But is the conclusion by the Court of Justice requiring experience to be based on actual experience really debatable?

Uber: transport services, not e-commerce?

According to the advocate general’s opinions in C-434/15 Elite Taxi and C-320/16 Uber France, Uber does not provide information society services, but local transport services which may be regulated by EU member states.