We are pleased to announce the participation of our colleague, avv. Sondra Faccio, to the international Jean Monnet Summer School “The EU and Human Rights in a Time of Crisis”.
The General Court of the European Union has confirmed the anticompetitive nature of agreements, which provide for the payment of a sum to competitors for their undertaking to stay out of a specific market. In the case at stake, a Danish pharmaceutical company, leader company in the market, executed a “patent settlement agreement” with competitors producing generic pharmaceutical products in exchange for their undertaking not to launch their products on the market before the expiry of the agreement itself.
THE ECJ EXCLUDES THE APPLICATION OF EU HARMONISED RULES ON COMMERCIAL AGENCY IN CASE OF AN AGENT ESTABLISHED IN TURKEY
The Court of the European Union, in the case Agro Foreign Trade & Agency Ltd v. Petersime NV (Case C‑507/15), has ruled that the circumstance that the principal is established in a Member State does not represent a sufficiently close link with the European Union for the purpose of applying the provisions of Directive 86/653 on commercial agency (hereinafter the “Directive”), including those on indemnity, where the commercial agent carries out its activities outside the European Union.
On January 18, 2017 Regulation (EU) n. 655/2014 has entered into force in the E.U.
The Regulation establishes a procedure for obtaining a European Account Preservation Order (the “Preservation Order”). The latter allows for the preservation of funds held by the debtor (or on his behalf) in a bank account maintained in a Member State, by transferring or withdrawing such funds, up to the amount specified in the Preservation Order itself.