Latest blog articles

  • On 10 October 2022 MEP René Repasi lodged an action for annulment against the complementary taxonomy delegated regulation 2022/1214. The same regulation is also challenged by Austria, a privileged applicant under Article 263 TFEU. As a result, the General Court will in any event be required to...

  • Questions surrounding how the EU budget is spent or audited have been, and will always be, of interest to EU citizens. Formally, the responsibility for the implementation of the budget rests with the Commission, but it is well known that the Member States have a crucial role to play, especially in...

  • What is the perspective of several countries on punitive damages in and outside of Europe? What issues arise from the recognition and enforcement of foreign (mostly US) punitive damages judgments? How do different countries view the public policy exception?

    These questions and more were among the...

  • Recently, the General Court in the HELL coffee case has confirmed that a descriptive foreign language term (German word HELL) can be granted protection under EU trade mark law (Hell Energy v. EUIPO, T-323/20).

  • When we talk about Trade Marks Trolls we don’t mean the ugly creature that might come to your mind. Instead, we speak about practices that constitute an abuse of trade mark law. So, how to defend yourself against such behaviour?

  • On 4 March 2021, Italy decided to block a shipment of the Oxford/AstraZeneca Covid-19 vaccine that was destined for Australia. This remarkable move, notably made in response to AstraZeneca’s delay in providing the agreed doses of vaccines by the set deadlines, is the first of its kind since the...

  • Can a single colour alone be a trademark? The question is neither new nor unexplored. However, old wine in a new bottle is presented by the General Court in its decision rejecting an attempt to register a shade of colour for inhalers for asthma and related pharmaceutical preparations, reinstating...

  • After the initial relief that followed upon reaching a Trade and Cooperation Agreement between the European Union and the United Kingdom on Christmas Eve, we slowly see how this treaty is going to affect the tax domain. In this blog I will briefly focus on the area of fiscal state aid, i.e. the...

  • Using the trade mark of someone else to describe how your own products relate to the trademark products is allowed under certain circumstances. Recently, the law changed in this respect, leaving the application of some factors uncertain.

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    Schumacker

    Schumacker is one of the most important cases in EU tax law. It opened the door to many more legal proceedings before the CJEU that tested the limits the Member States’ tax sovereignty against the force of EU law.