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Legal articles and law resources: legal resources online from LexGO

Legal articles galore…

LexGO offers a wealth of information on legal topics. Each day we publish several articles written by legal and tax specialists from law firms, notaries offices, the legal departments from payroll agencies and tax consultants. It is the perfect way for lawyers at the Bar, in-house counsel, barristers, solicitors, notaries, bailiffs, paralegals and any other legal professional with an interest in Belgian and European law to keep informed of new legislative initiatives, case law, legal doctrine and all other legal developments on the Belgian legal scene!
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Articles


Mr. Thibaut D'hulst
Ms. Eleonore Waterkeyn

Brussels Commercial Court: Parallel Imported Pharmaceuticals Must Comply with Latest Packaging
22/06/2017

On 27 April 2017, the President of the Dutch-language Commercial Court of Brussels (Nederlandstalige Rechtbank van Koophandel/Tribunal de commerce néerlandophone) decided a case concerning the repackaging of parallel imported pharmaceuticals, in which it applied the so-called “BMS”-criteria which the Court of Justice of the European Union (“ECJ”) developed in Bristol-Myers-Squibb (Case C-427/93).

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Fairness Tax – illegality partially confirmed

Fairness Tax – illegality partially confirmed
22/06/2017

In its decision of 17 May 2017, the Court of Justice of the European Union confirmed the illegality of the “Fairness Tax” under the Parent-Subsidiary Directive and referred the question of its compliance with the freedom of establishment to the Constitutional Court.

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Mr. Andrzej Kmiecik

European Commission publishes final e-commerce sector inquiry report (consumer goods)
21/06/2017

On 10 May 2017, the European Commission (“Commission”) published its final Report on the e-commerce sector inquiry (“the Report”), aimed at identifying business practices in the sector that might restrict competition and limit consumer choice. 

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Ms. Laura Grauer

New Law on Public Procurement: Spotlight on The Major Changes
21/06/2017

On 30 June 2017, the new law of 17 June 2016 on public procurement, published in the Belgian State Gazette of 14 July 2016, will enter into force for traditional sectors (Royal Decree of 18 April 2017, published in the Belgian State Gazette of 9 May 2017).

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Belgium Implements EU Directive On Damages Claims For Serious Competition Law Infringements

Belgium Implements EU Directive On Damages Claims For Serious Competition Law Infringements
20/06/2017

On 18 May 2017, the Belgian Parliament adopted an act implementing the European directive on private damages actions for competition law infringements. This act primarily aims to facilitate claims against cartel members before the Belgian courts. The new rules are not applicable to court actions initiated prior to 26 December 2014.

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Mrs. Agnès Maqua
Mr. Willem-Jan Cosemans
Mr. Dietger Glorieux

The Pirate Bay : CJEU puts an end to pirates' reign
20/06/2017

Yesterday (14.06.2017), the CJEU decided that platforms like Pirate Bay, that facilitate unauthorized access to works protected by copyrights shared via peer-tto-peer networks, infringe copyrights by making communication to the public of those works. 

In its judgement rendered today 14 June 2017, the Court of Justice of the European Union (CJEU) has determined that a peer-to-peer (“P2P”) file sharing website like The Pirate Bay (“TPB”) can infringe copyright law, by making communications to the public of works shared without consent of their author.

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Mrs. Florence Verhoestraete
Mr. Tanguy de Haan

ECJ Rules Against Pro-Sugar Health Claims
20/06/2017

Yesterday (on 13 June 2017), the Court of Justice of the European Union dismissed Dextro Energy’s appeal against the General Court's decision upholding the European Commission's refusal to authorise glucose-related health claims  on the ground that such claims encourage the consumption of sugar and are incompatible with generally accepted principle of nutrition and health.

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Simplification of EU State aid rules for public investments in ports, airports, culture and outermost regions

Simplification of EU State aid rules for public investments in ports, airports, culture and outermost regions
20/06/2017

On 17 May 2017, the European Commission approved a modification of the General Block Exemption Regulation to allow Member States to grant State aid to ports, airports, culture and the outermost regions without any prior notification to the European Commission. 
 

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What do I do now? I'm being sued by all my own customers …

What do I do now? I'm being sued by all my own customers …
19/06/2017

Imagine… Over a decade ago, your company was involved in a cartel infringement, which came to light because one of your competitors snitched to the competition authority. After an investigation that dragged on for 5 very long years, you were hit with a fine of several million euros. Several customers who learned about the matter in the press have come to the conclusion that they suffered harm as a result of the cartel infringement. And now they’re threatening to go to court seeking damages.

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Ms. Leen Van Goethem

Data Portability: what is really required under the GDPR?
19/06/2017

The European Working Party 29 issued a series of guidelines on how certain aspects of GDPR should be interpreted. In the first newsflash, we bring you the highlights of the guidelines on data portability. Stay tuned for the next newsflashes to come.

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