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The European Court of Justice (ECJ) has ruled that a fixed-price system for the sale by pharmacies of prescription-only medicinal products for human use is incompatible with the free movement of goods. The Deutsche Parkinson Vereinigung is a German self-help organisation which seeks to improve the l

The European Court of Justice (ECJ) has ruled that website operators may have a legitimate interest in storing certain personal data relating to its visitors in order to protect itself against cyberattacks. The dynamic internet protocol address of a visitor constitutes personal data, with respect to

The European Court of Justice (ECJ) has ruled that the initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer — however, where the original copy has been damaged, destroyed or lost, the acquirer may not pro

The European Court of Justice has ruled that Italy failed to fulfil its obligations under EU law by failing to guarantee just and appropriate compensation for victims of all violent intentional crimes. Under an EU directive, the victims of violent intentional crimes are entitled to fair and appropri

Placing a cosmetic product containing ingredients which have been tested on animals on the EU market may be prohibited where that testing has been conducted outside the EU in order to market the product in third countries and where the results of that testing are used to prove the safety of the prod

The General Court of the European Union has confirmed the Commission’s decision to accept the commitments of Thomson Reuters intended to remedy its abuse of a dominant position in the market for consolidated real-time datafeeds. Consolidated real-time datafeeds provide banks and financial institut

The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology, the Court of Justice of the European Union (CJEU) has ruled. Since the royalty constitutes the price to be paid in order to protect the licensee against any infringement proceedings

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice. In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books, which means that the gener

The Court of Justice of the European Union has ruled the UK’s policy requiring recipients of child benefit and child tax credit to have a right to reside in the UK, while indirectly discriminatory, is justified by the need to protect the finances of the host member state. The regulation on the coo

The Court of Justice of the European Union (CJEU) has ruled* the Dublin III Regulation allows member states to send an applicant for international protection to a safe third country, irrespective of whether it is the member state responsible for processing the application or another member state. Th

The European Court of Justice has dismissed an action by The Body Shop to have a decision of the Office for Harmonisation in the Internal Market (OHIM) to reject its application for registration of the trade mark “SPA WISDOM” annulled. In 2010, The Body Shop International, established in Littleh

A property developer which sued two separate companies for breaches of contract after both failed to complete the purchase of an area of land has had an action based on joint and several liability dismissed as “incompetent”. A judge in the Court of Session observed that in order for joint and se

The Crown has successfully challenged a sheriff’s decision to acquit a man of breaching a non-harassment order. James Murphy was accused of breaching the order by approaching the complainer, but the sheriff at Ayr found that while there was an “encounter” between the respondent and the woman,

Campaigners in Scotland have raised over £15,000 after appealing for donations to cover an English shoplifter's court fine. An online fundraiser created by Stuart Campbell, editor of Wings Over Scotland, asked readers to contribute towards the "fine and court costs" of shoplifter Louisa Sewell, who

A man who pled guilty to charge of common law public indecency after a woman performed a sex act on him on the back seat of a bus has failed in a challenge to a sheriff’s ruling to place him on the sex offenders register. Garry McNair, who was sentenced to five months’ imprisonment and made subj