New criterion for evaluating product safety
The Court of Justice of the European Union has held that the probability of a defect can make a product defective.
After a judgment is set aside on interlocutory appeal to the Supreme Court, the case can be reconsidered by the very same judges
The panel of judges must be changed after a ruling is overturned and remanded for reconsideration only in the case of a ruling on the merits of the specific dispute. This is not the case for proceedings commenced by an interlocutory appeal to the Supreme Court on procedural issues.
Converting perpetual usufruct into ownership: Unconstitutional giveaway from local governments to private businesses
Poland’s Constitutional Tribunal has held that regulations giving economic entities the right to demand conversion of perpetual usufruct of land into ownership violate constitutional principles of social justice and local government autonomy.
Using someone else’s database
What is the scope of legal protection of databases? Can lawful users make unlimited use of them? Can the creator of the database limit access to it? The courts had to address these issues in a dispute between an airline and an operator of an online search engine for discount air tickets.
Arabic for “Coke”? Master Cola isn’t it
When examining the similarity of trademarks, the typeface in which verbal elements of the marks are written must be considered, the EU’s General Court ruled in a recent judgment on reputed trademarks.
Planning and environmental damage
The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.
What a difference a minute makes: To receive or not receive compensation for a flight delay
In strictly defined instances a passenger has the right to compensation for a flight delay, but the law does not say exactly how the period of the delay should be calculated. The European Court of Justice recently answered this question.
If contractors aren’t sure, are they required to speak up?
Under some circumstances, questioning the terms of reference in a tender may be treated not only as a right but as an obligation of a professional contractor.
Offers may be evaluated on the basis of a presentation made after opening of the bids
The National Appeal Chamber has held that it is permissible after opening the bids in an unrestricted tender to hold an exam in which the experts offered are evaluated, and for the points awarded on the exam to serve as a criterion for evaluation of the offers.
The convenience of the procurement procedure does not justify departing from the law
A lawyer who wants to win a tender has to face an exam after the bids are opened. It’s like retaking the bar exam, but the contracting authority scores the exam however it likes. Whoever gets the best score wins.
Buying on the cheap is no crime—at least not under TFEU Art. 107
In the SARC case, the Court of Justice of the European Union has held that an advantageous licence from a public university does not necessarily constitute impermissible state aid. The case also provides important guidelines on when an undertaking may seek to annul a decision by the European Commission finding that a competitor has not received impermissible state aid under TFEU Art. 263.
Review of rejected claims against the General Directorate for National Roads and Motorways under the special act for road construction subcontractors
The Supreme Administrative Court of Poland has made it clear that the administrative courts cannot review the road authority’s refusal to recognise a subcontractor’s claim for payment under the “special act.” The subcontractor’s claim may be pursued instead through the civil courts.
