(AGENPARL) – gio 17 ottobre 2024 Newsletter
Week XLIII – XLIV: 21st October to 1st November 2024
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Jacques René
Zammit
Press Officer
Week XLIII: 21st to 25th October
Tuesday 22nd October
Judgment in Case C-652/22 Kolin In?aat Turizm Sanayi ve Ticaret
(Freedom of establishment – Freedom to provide services)
Monica Pizzo
A Croatian contracting entity launched a procedure for the award of a public contract
Assistant
for the construction of railway infrastructure linking two towns in Croatia. Kolin In?aat
Turizm Sanayi ve Ticaret, a company established in Turkey, challenged the legality of
the decision by virtue of which another tenderer was selected.
Desk Email
Niamh
Leneghan
assisted in the
preparation of
this Newsletter.
The Administrative Court of Appeal, Croatia asks the Court of Justice to clarify the
circumstances in which, after the deadline for submission of tenders has expired,
contracting authorities may request tenderers to make corrections or clarifications.
Before this clarification, however, the Court must first adjudicate upon two issues of
law that regard the admissibility of the reference. Are economic operators established
in non-EU countries, with which the European Union has no public procurement
agreement, entitled to participate in procedures for the award of public contracts in
the European Union? If so, can the Member States determine the conditions under
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which those operators may do so or is that exclusively a matter for the European
Union to decide?
Background Documents C-652/22
There will be a press release for this case.
Thursday 24th October
Judgment in Case C-227/23 Kwantum Nederland et Kwantum België
(Intellectual, industrial and commercial property)
Vitra, a Swiss designer furniture company, owns the intellectual property rights to
chairs designed by the American couple Charles and Ray Eames. In particular, Vitra
manufactures the Dining Sidechair Wood, which was designed as part of a furniture
design competition launched by the Museum of Modern Art in New York (USA) and
Communications Directorate
Press and Information unit
curia.europa.eu
Newsletter
Week XLIII – XLIV: 21st October to 1st November 2024
All times are 9:30
exhibited there from 1950.
unless otherwise
stated.
Don’t forget to
check the diary
on our website
for details of
other cases.
Kwantum, on the other hand, operates a chain of interior furniture shops in the
Netherlands and Belgium. Kwantum is alleged to have marketed a chair, known as the
‘Paris chair’, in breach of Vitra’s copyright in the Dining Sidechair Wood.
Vitra brought the matter before the Dutch courts. The Netherlands’ Supreme Court
decided to refer questions to the Court of Justice for a preliminary ruling.
In principle, copyright protects the works of national authors or those publishing for
the first time on national territory, but excludes the authors of foreign works from this
protection. It is only by virtue of international conventions that authors benefit from
this protection outside the territory of their respective countries. At present, the main
instrument of international copyright law worldwide is the Berne Convention for the
Protection of Literary and Artistic Works.
The European Union is not a party to this Convention, but each individual Member
State is. Therefore, the Member States, hence the Union, are obliged to comply with
the substantive provisions of this Convention by virtue of its other international
commitments.
Under the Berne Convention, authors who are nationals of signatory countries enjoy,
in principle, the same rights as national authors in the other signatory countries.
One exception to this principle concerns the protection of works of applied art. Having
failed to agree on a common regime, the contracting parties have established a
material reciprocity clause. Under this clause works of applied art originating in
countries in which such works are protected exclusively as designs or models cannot,
in other signatory countries, benefit from both design and copyright protection.
The question referred by the Dutch Supreme Court to the Court of Justice is whether
the Member States are still free to apply the reciprocity clause contained in the Berne
Convention to works of applied art originating in third countries which protect such
works only under a special regime.
Background Documents C-227/23
There will be a press release for this case.
Thursday 24th October
Judgment in Case C-240/22 P Commission v Intel Corporation
(Competition – Dominant position)
Newsletter
Week XLIII – XLIV: 21st October to 1st November 2024
In May 2009, the Commission imposed a fine of €1.06 billion on Intel, a US-based
microprocessor manufacturer (Commission Decision of 13 May 2009 relating to a
proceeding under Article 82 of the EC Treaty and Article 54 of the EEA Agreement
(Case COMP/C-3/37.990 — Intel – see summary)). Intel was accused of abusing its
dominant position on the x86 CPU market in breach of EU competition rules.
In 2014, the General Court dismissed Intel’s action against the Commission’s decision
in its entirety (T-286/09, see also press release No 82/14).
On appeal by Intel, the Court of Justice set aside that judgment and referred the case
back to the General Court for reconsideration (C-413/14 P, see also press release No
90/17).
After re-examination, the General Court partially annulled the Commission’s decision
and annulled the €1.06 billion fine in its entirety. The Commission has lodged the
present appeal against the judgment of the General Court of 2022 (T-286/09 RENV, see
also press release No 16/22.
Background Documents C-240/22 P
There will be a press release for this case.
Week XLIV: 28th October to 1st November
The Court is in All Saints recess from Monday 28th October to
Sunday 3rd November.
SAVE THE DATE – IRELAND
Thursday 21st November
WHAT: Breakfast Press Talk – Reporting the CJEU
WHERE: European Public Space, Europe House, 12-14 Lower Mount Street, Dublin
WHEN: 21st November starting 0930
The Press Office of the Court of Justice of the EU will be organising a Breakfast
Talk for the Press in Dublin on the 21st of November.
Jacques Zammit, the Press Attaché responsible for the English Desk, will be giving an
informal briefing on the workings of the Court and of the services that are available to
help better “report the Court”. Join me for a chat over coffee and morning bites while
we will discuss what the Court does and what tools are available to be better informed
Newsletter
Week XLIII – XLIV: 21st October to 1st November 2024
about what is happening in Luxembourg. By the end of the morning, reporting the
Court will be a piece of cake (or croissant).
Although the Breakfast Talk is aimed at members of the press, other parties interested in
learning how the CJEU works or following it regularly are welcome to attend.
HEARINGS OF NOTE*
Information Note concerning streaming on the Curia website
Please note the following new conditions for streaming on the website including the new
length of availability of the video recordings:
In order to facilitate public access to its judicial activity, the Court of Justice of the
European Union offers a system for broadcasting hearings.
The delivery of judgments of the Court of Justice and the reading of opinions of the
Advocate Generals are broadcast live on this page. Broadcasting will be enabled at the
start of the hearing, at the time indicated in the judicial calendar.
Certain hearings of the Court of Justice involving oral pleadings are, however,
broadcast with a delay. This concerns, as a rule, hearings in cases referred to the full
Court, to the Grand Chamber, or, exceptionally, where this is justified by the
importance of the case, to a Chamber of five Judges. The video recordings of those
hearings will remain available on this website for a maximum period of one month
after the close of the hearing.
Court of Justice
Monday 21st October 2024: 14:30 – Case C-524/23 Commission v Belgique (Directive
2016/1164 – Double imposition) (State Aid)
Thursday 24th October: 09:30 – Joined Cases C-281/23 and C-282/23 Polskie sieci
elektroenergetyczne and Others v ACER (Energy)
General Court
Monday 21st October 2024: 14:30 and Tuesday 22nd October 2024: 09:30 – Case T625/22 Austria v Commission (Environment)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.
Newsletter
Week XLIII – XLIV: 21st October to 1st November 2024