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FLASH-EUROPE-2NOVEMBRE2021

2 november 2021 Intellectual Property: Designs The making available to the public of the design of a product taken as a whole entails the making available of the design of part of that product if the appearance of that part is clearly identifiable when it is made available. CJEU,  Case T-123/20 Deutsche Telekom AG, Judgment

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FLASH-EUROPE-18OCTOBRE2021

18 octobre 2021 Free movement of persons and services – Lotteries and games of chance A national court, hearing an assessment of the lawfulness of a penalty imposed for infringement of a monopoly in the sector of games of chance must specifically assess the compatibility with Article 56 TFEU of the penalties laid down by

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FLASH-EUROPE-11OCTOBRE2021

11 october 2021 Public procurement: Directive on public works, public supply and public service contracts Article 20(1) of Directive No 2014/24 does not preclude a Member State from imposing additional criteria beyond those laid down by that provision, thereby excluding from reserved public procurement procedures certain economic operators which satisfy the criteria laid down in that

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FLASH-EUROPE-05JULY2021

Commercial agents: Scope of application The concept of “sale of goods” referred to in Article 1(2) of Directive No 86/653 relating to self-employed commercial agents can cover the supply, in return for payment of a fee, of computer software to a customer by electronic means where that supply is accompanied by the grant of a perpetual

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FLASH-EUROPE-19JULY2021

19 July 2021 Services Directive: Authorization scheme Article 14(6) of Directive No 2006/123 precludes national legislation that permits the presence, within a collegiate body responsible for issuing opinions on the granting of commercial operating permits, of recognized experts representative of the local economic fabric in the relevant catchment area, even if those experts do not

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FLASH-EUROPE-05JULY2021

Jurisdiction and the recognition and enforcement of judgments – Matters relating to tort, delict or quasi-delict  In application of Article 7(2) of Regulation No 1215/2012, the courts of the place in which the center of interests of a person claiming that his or her personality rights have been infringed by content published online on a website is

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FLASH-EUROPE-22June2020

22 June 2020 Merger control: Concept of significant impediment to effective competition Article 2(3) of Regulation No 139/2004 allows the Commission to prohibit, in certain circumstances, on oligopolistic markets concentrations which, although not giving rise to the creation or strengthening of an individual or collective dominant position, are liable to affect the competitive conditions on

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FLASH-EUROPE-17JUNE2019

17 June 2019 Unfair commercial practices directive: Per se unfair practices The application by a trader of a model for concluding or amending contracts for the supply of telecommunications services under which the consumer must take the final transactional decision in the presence of a courier who delivers the standard-form contract, without being able freely

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FLASH-EUROPE-15JUNE2020

15 June 2020 Commercial agents: European harmonization The agent’s authority to negotiate does not necessarily imply that he has the power to modify the prices of the goods sold on behalf of the principal. CJEU Case C-828/18 Trendsetteuse SARL, Judgment 4 June 2020, not yet published

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