Tag Archives: CJEU

Court of Justice of the EU Upholds Exclusive Jurisdiction Clauses in B2B ‘Click-wrap’ Contracts

The Court of Justice of the EU (‘CJEU’) has held that an exclusive choice of forum clause can validly be imposed by so-called “click-wrap” contracts in online B2B transactions (see Case C‑322/14, El Majdoub v. CarsOnTheWeb.Deutschland GmbH).   The ruling will make it easier for online businesses in the EU to impose a favorable choice of … Continue Reading

European Court Issues Ruling on Jurisdiction in Cross-EU Copyright Infringement Case

Written by Ezra Steinhardt and Colin Warriner On 3 October 2013, in the case of Peter Pinckney vs. KDG Mediatech AG, the Court of Justice of the European Union (CJEU) confirmed that, with certain qualifications, when a copyrighted work is reproduced in one Member State, and offered for sale online by companies established in another, … Continue Reading

EU’s Highest Court Rules on the Situs of Damage of Online Copyright Infringements (Pinckney)

The Court of Justice of the EU (“CJEU”) has now ruled on the Pinckney case, dealing with national courts’ competence to hear online copyright infringement cases in the EU.  See our post on the Opinion of Advocate General (“AG”) Niilo Jääskinen of 13 June 2013 here. In his Opinion, AG Jääskinen took the view that, … Continue Reading

EU’s Highest Court Considers the Situs of Damage in Online Copyright Infringements (Pinckney)

On 13 June 2013, Advocate General (“AG”) Niilo Jääskinen of the EU’s Court of Justice (CJEU) issued his non-binding Opinion in the Pinckney case, dealing with the question of courts’ competence to hear online copyright infringement cases in the EU.  In his Opinion, the AG extended to copyright principles developed in relation to other IP … Continue Reading

German Court Refers Question on Cross-Border Copyright Infringement to the CJEU

By Ezra Steinhardt and Fredericka Argent InfoCuria and the UK Intellectual Property Office have released new information about a recent question referred to the Court of Justice of the European Union (CJEU) from the German Federal Supreme Court (Bundesgerichthof).  In essence, the reference asks the CJEU whether European courts, when considering copyright infringement in their … Continue Reading

Italian Court Refers Question to the CJEU Regarding Circumvention of Technological Copyright Protections

By Ezra Steinhardt and Fredericka Argent InfoCuria has released information about a case recently referred to the Court of Justice of the European Union (CJEU) from Tribunale di Milano in Italy.  While the Court has yet to provide detailed underlying factual information, the case appears to raise issues that will be important to companies that … Continue Reading
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