New rules for handling appeals before the EU Court of Justice

flag-2608475_960_720.jpgPress release by the European Council:

In order to improve the functioning of the Court of Justice of the EU, which has seen a huge increase in the number of cases brought before it, the Council today adopted a new filtering mechanism for appeals by changing the Statute of the Court of Justice of the EU. In order to implement the change in practice, the Council also approved a set of amendments to the Court’s Rules of Procedure.

“The improved rules will facilitate the work of the Court of Justice of the EU by introducing a filtering mechanism for identifying appeals that merit examination, thus allowing the court to concentrate on its core business. The Court of Justice is overburdened and must prioritise. This decision will increase efficiency and enhance legal protection in the EU.”

      George Ciamba, Romanian Minister Delegate for European Affairs

The regulation agreed today will introduce a new filtering mechanism for appeals relating to decisions by certain EU agencies and offices. Appeals brought in cases which have already been considered twice, first by an independent board of appeal, then by the General Court, will not be allowed to proceed before the Court of Justice unless it is demonstrated that they raise an issue that is significant with respect to the unity, consistency or development of EU law. Statistics show that many such appeals, in fact, end up being dismissed on the grounds that they are either patently unfounded or manifestly inadmissible.

Specifically, the new rules will apply to appeal procedures emanating from one of the following EU agencies and offices:

the European Union Intellectual Property Office;
the Community Plant Variety Office;
the European Chemicals Agency; and
the European Union Aviation Safety Agency.
There has been a large increase over the past few years in the number of cases brought before the Court of Justice. The new procedure will reduce the workload of the court, allowing it to concentrate on cases that require its full attention.

The regulation adopted today is based on a proposal from the Court of Justice and has been agreed in negotiations between the Court of Justice, the Commission, the European Parliament, and the Council. The Council today also approved an accompanying set of amendments to the Rules of Procedure of the Court of Justice setting out the new system for handling appeals in detail.

For more information here.

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Breaking News – The EU Council approves DSM Directive

The EU Council has approved the DSM Directive. You can see how every Member State voted below:

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The next step is the transposition of this Directive into the national legislation of every EU Member State, which has to be done within 24 months.

Source: IP Kat.

Breaking news – EU Parliament gave its approval to the EU copyright reform

2048393.jpgToday, 26.03.2018, the European Parliament approved the controversial copyright reform with 348 votes in favor, 274 against. This brings the reform one step closer to its final adoption in the EU. What will follow is formal approval by the European ministers. In a nutshell this reform concerns:

  • Social media platforms will have to keep even a closer eye on every possible copyright violation;
  • Web content providers will have to sign license agreements with right holders;
  • News providers will have to negotiate and get a license from publishers in order to use their news and articles;
  • Non-profit organizations, including websites such as Wikipedia, are not bound to these rules;
  • Startup companies with annual turnover up to 10 million dollars are excluded too.

More information can be found here.

Source: DW.

 

 

The EU with a new plan for protecting IPRs

flag-2608475_960_720News from the Council of the EU:

The Council today endorsed a new EU customs action plan to combat infringements of intellectual property rights (IPR).

The new action plan will cover the years 2018 to 2022.

It will ensure effective enforcement of IPR, tackle trade of IPR infringing goods throughout the international supply chain and strengthen cooperation in this area with the European Observatory as well as relevant law enforcement authorities.

The Commission is invited to prepare a roadmap by Spring 2019 on the implementation of the new action plan, as well as to monitor this implementation and to submit annual reports to the Council.

More information can be found here.