The Court of Justice of the European Union has issued a preliminary ruling refining the Sumal doctrine, with potential implications for corporate groups facing competition damages litigation in the EU. Companies with intermediate holding companies in the Netherlands and other EU Member States may wish to assess their exposure in light of the Court’s clarified jurisdictional framework.
Continue Reading EU Court of Justice Clarifies Jurisdiction Rules for Competition Damages Claims
The Court of Justice of the European Union issued a landmark ruling in April 2026, clarifying when music sampling and other uses of protected works may qualify as lawful “pastiche” under EU copyright law. The decision establishes three cumulative conditions that may shape how creators and practitioners across creative fields assess permissible use going forward.
Continue Reading CJEU Clarifies the ‘Pastiche’ Exception Under EU Copyright Law
![gavel[1]](https://www.gtlaw-amsterdamlawblog.com/files/2022/02/gavel1.jpg)
Marking the latest development in the Illumina/Grail saga, on 3 September 2024, the CJEU annulled the General Court’s judgment and European Commission’s decisions allowing EU national competition authorities (NCAs) to
Continue Reading CJEU Decision in Illumina/Grail Case Restores Clarity on Article 22 ECMR Referrals for Merger Control
On 10 November 2022, the Court of Justice of the European Union (CJEU) issued its preliminary judgment interpreting Article 5(1) of Directive 2014/104/EU of the European Parliament and of the
Continue Reading CJEU: Evidence Disclosure In Follow-On Claims May Require Parties To Create New Documents
For companies subject to U.S. economic sanctions regimes, compliance is complicated by Regulation (EC) No 2271/96 (EU Blocking Regulation), which was updated in 2018 in light of the U.S. position
Continue Reading Conflicting EU, US Economic Sanctions Regimes: Implications for Multinational Companies
On October 1, 2019 the Court of Justice of the European Union (CJEU) issued a new judgment on the use of cookies which, under the EU E-Privacy Directive, requires users’
Continue Reading New CJEU Decision on Use of Cookies
On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) decided that the “right to be forgotten” does not require a search engine operator to carry out
Continue Reading EU Limits Territorial Scope of ‘Right to Be Forgotten’ on the Internet
On 25 July 2018 an important legal opinion was rendered in a high-profile case regarding the possibility of copyright on taste. In this legal opinion the Court of Justice of the European Union (the CJEU) was advised by a special advisor, the ‘Advocate General’. He is of the opinion that taste should not be protected by copyright.
Continue Reading Can Taste be Copyrighted?