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ECJ blow to arbitration
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- February 10 2009
In September 2008 we reported on the advisory opinion of the Advocate General of the European Court of Justice (ECJ) in Allianz SpA v West Tankers regarding the English courts' ability to issue anti-suit injunctions in support of arbitration agreements
Civil Jurisdiction and Judgments Regulations 2009 (SI 20093131) will bring the new Lugano Convention into force in the UK on 1 January 2010
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- December 21 2009
The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010
European Commission considers reform to EC Regulation No 442001
- Edwards Wildman Palmer LLP
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- European Union
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- June 23 2009
The European Commission has published a report and a green paper on the application of EC Regulation No 442001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Regulation
The ECJ finds that wine and glasses are not similar
- Edwards Wildman Palmer LLP
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- European Union
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- October 20 2009
The European Court of Justice (the ECJ) has dismissed an appeal filed by Waterford Wedgwood plc of the decision by the Court of First Instance (the CFI), which rejected Waterford Wedgwood’s opposition to the Community Trade Mark (CTM) registration by Assembled Investment (Proprietary) Ltd. (the Applicant) of the figurative mark “WATERFORD Stellenbosch.”
European Advocate General opinion concludes no privilege for in-house lawyers
- Edwards Wildman Palmer LLP
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- European Union
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- June 17 2010
On 29 April 2010, European Advocate General Kokott gave her opinion in the case of Akzo Nobel Chemicals Ltd & Akcros Chemicals Ltd v European Commission
G207 and G108: broccoli and tomato cases before the Enlarged Board of Appeal of the European Patent Office
- Edwards Wildman Palmer LLP
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- European Union
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- January 13 2011
Biological processes for breeding plants are only patentable under the EPC if they comprise steps which materially alter the breeding procedure such that the resulting plants are not obtained by simple recombination of the parent genomes
Recent Court of Appeal decision further cements "West Tankers" into English law
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- May 12 2010
In our August 2009 edition of the Commercial Litigation Review View, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must decide whether they have jurisdiction despite an arbitration agreement between the parties (and so the English courts cannot grant an anti-suit injunction to restrain proceedings in that Member State
ECJ confirms no change to European rules on legal professional privilege for in-house lawyers
- Edwards Wildman Palmer LLP
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- European Union
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- September 14 2010
In a judgment today, in the case of Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission, the European Court of Justice (ECJ) ruled that, under European Union law, internal company communications with in-house lawyers are not protected by legal professional privilege (LPP
European Court of Human Rights raises serious doubts as to the recoverability of success fees under CFAs
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- January 26 2011
MGN Limited v the United Kingdom (Application no. 3940104) 18 January 2011 European Court of Human Rights (ECHR), concerned an alleged breach of Article 10 of the European Convention on Human Rights (the Convention) in relation to the reimbursement of a "success fee" payable under a Conditional Fee Arrangement (CFA
European ruling on VAT goes against reinsurers
- Edwards Wildman Palmer LLP
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- European Union
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- November 12 2009
The European Court of Justice (ECJ) has recently released its judgment in the case of Swiss Re Germany Holding GmbH v Finanzamt München für Körperschaften, confirming that a transfer of a portfolio of life reinsurance contracts, outside of a business transfer, will be subject to value-added tax (VAT) at the standard rate
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