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5 Dec 2023, 6:14 am by Udit Mahalingam
” Even if the question could not be answered by the Secretary of State in every case, “at least the attempt had to be made” (para. 138). [read post]
4 Dec 2023, 10:30 pm by Sara Notario
First, the Court is competent to review restrictive measures adopted under Article 29 TEU, within the meaning of the CJEU case law (i.e., measures of individual scope of application; see Ben Ali v Council, para. 145) in the annulment procedure (Article 263(4) TFEU). [read post]
4 Dec 2023, 9:10 am by Marcel Pemsel
However, the assessment of the inherent distinctive character of a sign must be made only by reference to the goods and services and the perception of the sign in question (Henkel v OHIM, C-456/01 P at para. 35). [read post]
3 Dec 2023, 12:36 pm by Giles Peaker
Again, the courts below were right to have regard to this factor: paras 25 and 30 above. [read post]
2 Dec 2023, 6:26 am by Just Security
Climate Talks Paras Shah (@pshah518) interview with Kirk Herbertson (@KirkHerbertson) The post Digest of Recent Articles on Just Security (Nov 25-Dec 1) appeared first on Just Security. [read post]
1 Dec 2023, 12:35 pm
However, politics and the human cost aside, what ifan adversary (both state and non-state actor) does exploit the current global crisis of massmigration due to globalization, war, and political unrest? [read post]
1 Dec 2023, 4:00 am by Martin Kratz
Janssen Inc., 2023 FCA 220 at para 4. [2] See Corlac Inc. v. [read post]
30 Nov 2023, 12:44 pm by Eleonora Rosati
Hence, ‘[t]he requirement of originality under the [CDPA] is that the work must be an expression of that author's own intellectual creation’ (Banner, para 26).The guidance provided by the CJEU to the determine the sort of creative choices with which copyright is concerned has been regarded as ‘helpful’ by the Court of Appeal (Kogan v Martin, para 45). [read post]
26 Nov 2023, 10:30 pm by Roos Klomberg
In recent years, it has become apparent that, despite the shared obligation for all Member States to adhere to the same fundamental rights standards, their practices are sometimes not in line with these standards (see for example the Dutch life long prison sentence which was not in line with Article 3 ECHR until recently (Murray v. the Netherlands, app. [read post]
26 Nov 2023, 6:34 pm
  It is worth considering if only because it represents, in a general way, much of the thinking that is gaining increasing traction not just among developing states, but also among a certain sector of academic and policy elites in liberal democratic developed states. [read post]
26 Nov 2023, 4:55 am by Frank Cranmer
: on the peculiar obsolescence of Article 3 para. 3: a weird provision that forbids “official” translation of Scripture “without prior sanction by the Autocephalous Church of Greece and the Great Church of Christ in Constantinople”. [read post]
20 Nov 2023, 3:30 am by David Nagode
In essence, the French legislator was aware that technical regulations, which could potentially place additional burdens on importers from other Member States according to the dual burden doctrine (Barnard, p. 87). [read post]
18 Nov 2023, 10:05 am by Simon Lester
Some preliminary data on imports of EVs into EU The import statistics between 2020-2023[v] do show a certain increasing trend of imports of new EVs from China into EU. [read post]
18 Nov 2023, 10:05 am by Simon Lester
Some preliminary data on imports of EVs into EU The import statistics between 2020-2023[v] do show a certain increasing trend of imports of new EVs from China into EU. [read post]