European Court of Justice
The issue of limits on construction of new on-shore wind turbines was examined by the CJEU. Have technical provisions been introduced without notification of the European Commission, and does this mean that Polish courts are required to refuse to apply them?
Designs of products or parts of products are protected if they are new and the overall impression they make differs from designs know to the public up until that time. Certain features, determined solely by the technical function of the product, are not protected. Until now there were various interpretations as to what in fact determines that a particular feature is solely a result of the product function. The issue was clarified in a recent CJEU judgment.
On 5 February 2018 the CJEU issued long-awaited judgments in three cases in one day concerning release to third parties of medicinal product registration documentation. These rulings confirm the European Medicines Agency’s current data transparency policy. How are conflicting interests weighed regarding release of medicine registration data?
The Court of Justice has rejected the advocate general’s opinion and ruled in the Achmea case that investment arbitration, the option provided for in treaties between member states for foreign investors to commence arbitration against a state where it has invested, violates the autonomy of EU law.
The new ruling by the Court of Justice on the “repair clause” gives more freedom to manufacturers of non-original replacement parts.