European Court of Justice
The award of an in-house procurement satisfying the conditions laid down in Art. 12(1)(a)–(c) of Directive 2014/24/EU is not necessarily consistent with European Union law, the Court of Justice of the European Union held in the judgment of 3 October 2019 in Case C-285/18, Kauno miesto savivaldybè. This ruling is not controversial, nor does it change the principles developed over the years for excluding internal procurement from the regime of the procurement directives. Nonetheless, it gives contractors an additional argument for challenging contracting authorities’ decisions ignoring such basic principles as transparency.
One of the most critical issues captivating banks and their retail borrowers in recent years in Poland has been the future of foreign currency loans, especially those denominated in or indexed to Swiss francs. After the political battle around such loans has settled, the issue is now mainly addressed in court proceedings between borrowers and creditors. A long-awaited judgment was issued by the European Court of Justice on 3 October 2019 and has already been followed by judgments of local Polish courts. Putting aside myths and hopes, we look closer at what may be the actual consequences of the ECJ ruling for all interested parties: borrowers and both primary and secondary creditors.
The Court of Justice has finally resolved the case of an EU trademark displaying an X on the side of a sports shoe. The German company Deichmann SE sought revocation of the registration, claiming there was no genuine use of the mark.
In the judgment issued on 24 June 2019 in Commission v Poland (Case C-619/18), the Court of Justice held that the law reducing the retirement age of judges of the Supreme Court of Poland violated Art. 19 of the Treaty on European Union, which amplifies the principle of the rule of law set forth in Art. 2 of the treaty. Why was this judgment issued?
In a judgment of 6 March 2019, the Court of Justice of the European Union gave its final ruling on a case surrounding invalidation of a community design presenting the box for MIK MAKI dragees. The invalidation was being sought by Ferrero SpA, claiming infringement of its registered figurative mark for Tic-Tac packaging.
In a judgment of 21 March 2019 (C-443/17) the CJEU reiterated the need for a precise and concise interpretation of the term “protected product” under Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products. The CJEU stressed that this term only applies to an active ingredient of a medicinal product, and not combination with other substances that do not have an independent therapeutic effect.