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The Dutch Supreme Court has requested a preliminary ruling on the Dutch fiscal unity rules for cross-border group taxation
- Dorsey & Whitney LLP
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- European Union, Netherlands
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- January 29 2009
In 2003, X Holding BV applied for corporate income tax group treatment for itself and its Belgian subsidiary, F NV
The ECJ confirms that a supplementary protection certificate (SPC) can be granted irrespective of an existing SPC that has been granted to another patentee for the same 'product'
- Herbert Smith Freehills LLP
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- European Union, Netherlands
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- September 4 2009
The ECJ judgment in AHP Manufacturing BV v Bureau voor de Industriële Eigendom (Case C-48207), following a reference by the Dutch Courts, clarifies the scope of Article 3(c) of the SPC Regulations (previously, and at the time of referral to the ECJ, Regulation 176892 but now Regulation 4692009
ECJ requested for preliminary ruling with regard to import duties for goods delivered under condition ‘delivered duty paid’
- Bird & Bird
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- European Union, Netherlands
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- September 16 2009
The Dutch Supreme Court has requested the European Court of Justice ("ECJ") to give a preliminary ruling following a dispute involving recovery of an amount of the customs debt for goods delivered under the condition ‘delivered duty paid’ ("DDP"
Two stripes and you're out - ECJ finds decorative use of stripes can still be an infringement of adidas's three-stripes mark and that the "availability" argument does not apply
- Herbert Smith Freehills LLP
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- European Union, Netherlands
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- April 15 2008
The general public interest in ensuring that there is availability of certain signs for commercial use (that is a consideration for the assessment of registrability or revocation) is not relevant to considerations of the extent of protection afforded to a mark in terms of the likelihood of confusion (Article 5(1)(b) Trade Marks Directive (Directive); section 10(2) Trade Marks Act 1994 (Act)) or assessment of unfair advantage (Art.5(2) Directive; section 10(3) Act), nor could it be used as a defence in relation to the limitation of the effects of a trade mark under unless the sign used specifically related to the kind, quality or nature of the goods etc (Art. 6(1)(b) Directive; section 11(2) Act
ECJ: applicants for subsidiary protection need not prove individual risk if returned to country of origin
- McDermott Will & Emery
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- European Union, Netherlands
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- February 20 2009
The European Court of Justice (ECJ) has ruled on a question referred by a Dutch national court aiming to clarify whether, according to the relevant provisions of Directive 200483EC, an applicant for subsidiary protection had to prove that they were specifically targeted in their country of origin due to their own particular circumstances
European litigation trends
- Freshfields Bruckhaus Deringer LLP
- -
- European Union, France, Germany, Italy, Netherlands, Spain, United Kingdom
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- March 30 2007
Litigating in Europe is a complex process
A single meeting between competitors may breach competition law
- Squire Sanders
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- European Union, Netherlands
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- June 10 2009
The European Court of Justice (ECJ) has ruled that a single meeting between companies may constitute a concerted practice in breach of competition law
ECJ rules that a single meeting between competitors may constitute a cartel
- McDermott Will & Emery
- -
- European Union, Netherlands
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- June 12 2009
The European Court of Justice (ECJ) has ruled that a single meeting between five Dutch mobile phone operators, in which the companies discussed cutting the fees paid to phone dealers for subscriptions, is sufficient to establish a concerted practice in breach of competition rules
Judgment in GSK's Spanish dual pricing case
- NautaDutilh
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- European Union, Netherlands
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- October 7 2009
In March 1998, GSK notified its Spanish dual pricing arrangements to the European Commission in order to obtain a declaration that these arrangements were not caught by the prohibition of anticompetitive agreements laid down in Article 81(1) EC or, failing that, an exemption in light of the efficiency gains obtained by countering parallel trade in pharmaceutical products
Rome Convention
- Reed Smith LLP
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- European Union, Netherlands
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- May 31 2009
In Intercontainer Interfrigo SC (ICF) v Balkenende Oosthuizen BV 2009 EUECJ C-13308_O (19 May 2009) the Advocate General considered Article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (the Rome Convention) following a reference by the Netherlands
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