Highlight matters

jan 2019

Successfully representing a wholesale company involved in the international trade of pharmaceutical products as plaintiff in summary proceedings before the Appeal Court of Leeuwarden. The first instance decision was cancelled by the Appeal Court, considering that the executive bailiff had not acted within the boundaries of the interim judge’s leave and that the first instance interim judge had wrongly granted access to the seized information. As a consequence, the Appeal Court has ordered defendants in appeal not to use any information it had falsely gained access to. The decision was published: ECLI:NL:GHARL:2019:293

oct 2018

Acting as respondent to the cassation lawyer in Supreme Court litigation following the appeal proceedings about a copyright infringement matter regarding the design of mooncake packaging. In first instance, the court denied the copyright infringement claims, which was partly overturned by the appeal court’s decision. On 12 October 2018 the advocate-general’s rendered its opinion to the Supreme Court.

nov 2017

Representing one of Europe’s largest forwarding companies in trademark infringement proceedings regarding the extent of the liability of intermediaries in international trade. The matter is pending before the Dutch national EU trade mark court in The Hague and concerns legal questions that are at the crossroads of free movement of goods and the scope of protection of trademark rights owners.

sep 2017

Representing a wholesale company involved in the international trade of pharmaceutical products in summary proceedings where access to certain documents was claimed following an ex parte seizure at the premises of the defendant. The appeal proceedings are pending.

Acting as defense counsel for Orifarm A/S in summary proceedings concerning the alleged infringement of Allergan, INC.’s second medical use claims for its Botox patent. The claims were denied and Allergan did not appeal the decision.

jul 2017

Providing strategic advice to a Rotterdam based real estate company on its filing and prosecution of a trademark portfolio for inter alia hospitality services in one of its centrally located iconic office and housing buildings.

jun 2017

Acting as counsel for a claimant of copyright infringement injunctive relief in ex parte proceedings before the provisions judge of the court of Rotterdam.

may 2017

Acting as defense counsel of a listed wholesaler of spirits in a court case about parallel importation of goods onto the market in the EEA and the free circulation of goods within the EEA.

dec 2010

ECJ 22 December 2010, case C-120/08, Bavaria / Bayerischer Brauerbund, ECR (2010) p. I-13393
-  legality of geographic indication "Bayerisches Bier" (see also case C-343/07)
-  priority rules between trademark and geographic indication

sep 2007

ECJ 20 September 2007, case C-371/06, Benetton / G-Star, ECR (2007) p. I-7709
-  trade mark law
-  a shape as a trademark

oct 2005

ECJ 18 October 2005, case C-405/03, Class / SmithKline Beecham, ECR (2005) p. I-8735
-  trade mark law
-  exhaustion of rights
-  transit trade and burden of proof

jul 2005

ECJ 14 July 2005, case C-41/03 P, Rica Foods, ECR (2005) p. I-6875
-  trade law
-  trade restrictions on imports from OCT's

jul 2005

ECJ 14 July 2005, case C-40/03 P, Rica Foods, ECR (2005) p. I-6811
-  trade law
-  trade restrictions on imports from OCT's

sep 2004

ECJ 7 September 2004, case C-127/02, Waddenvereniging, ECR (2004) p. I-7405
-  environmental law
-  interpretation Habitat Directive

feb 2004

ECJ 12 February 2004, case C-236/02, Slob I, ECR (2004) p. I-1861
-  agricultural law
-  dairy market

sep 2003

ECJ 30 September 2003, case C-167/01, Inspire Art, ECR (2003) p. I-10155
-  right of free establishment
-  legality of restriction on establishment of foreign companies

feb 2002

ECJ 26 February 2002, case C-23/00 P, Boehringer Ingelheim / Council, ECR (2002) p. I-1873
-  registration of veterinary medicines
-  legal protection

jul 2001

ECJ 12 July 2001, case C-365/99, Portugal / Commission, ECR (2001) p. I-5645
-  trade restrictions on Portuguese beef (mad cows disease)

dec 2000

ECJ 14 December 2000, cases C-300/98 and C-392/98, Dior / Tuk and Assco / Layher, ECR (2000) p. I-11307
- trade mark law
- direct effect of TRIPS (WTO)

feb 2000

ECJ 10 February 2000, case C-202/97, Fitzwilliam, ECR (2000) p. I-883
-  social security of migrating employees
-  Regulation 1408/71

feb 2000

ECJ 8 February 2000, case C-17/98, Emesa, ECR (2000) p. I-675
-  trade law
-  import registration on Overseas Countries & Territories (OCT's)
-  sugar market

feb 2000

ECJ 4 February 2000, case C-17/98, Emesa, ECR (2000) p. I-665
-  Decision on procedural issues
-  European Convention Human Rights

jan 2000

ECJ 11 January 2000, cases C-174/98 P and C-189/98 P, Gerard van der Wal / Commission, ECR (2000) p. I-1
-  public access to Commission documents

feb 1999

ECJ 23 February 1999, case C-63/97, BMW / Deenik, ECR (1999) p. I-905
- free movement of goods and services
- trademark law
- exhaustion of rights

dec 1998

ECJ 17 December 1998, case C-364/98 P(R), Emesa, ECR (1998) p. I-8815
-  injunction (appeal)
-  import restrictions on OCT's

dec 1998

ECJ 17 December 1998, case C-363/98 P(R), Emesa, ECR (1998) p. I-8787
-  injunction (appeal)
-  import restrictions on OCT's

nov 1997

ECJ 11 November 1997, case C-349/95, Loendersloot / Ballantine, ECR (1997) p. I-6227
-  free movement of goods
-  relabelling of luxury products
-  trademark law

jul 1997

ECJ 9 July 1997, case C-316/95, Generics / Smith Kline & French, ECR (1997) p. I-3929
-  free movement of goods
-  registration of pharmaceuticals
-  patent law

may 1995

ECJ 10 May 1995, case C-384/93, Alpine Investments, ECR (1995) p. I-1141
-  free movement of financial services
-  legality of the national prohibition on "cold calling"

oct 1992

ECJ 28 October 1992, case C-219/91, Ter Voort, ECR (1992) p. I-5485
-  free movement of pharmaceuticals
-  definition of the concept of pharmaceutical

feb 1992

ECJ 18 February 1992, case C-54/90, Weddel II, ECR (1992) p. I-871
-  refusal of EC to allow a Commission official to testify in a national court

nov 1990

ECJ 6 November 1990, case 354/87, Weddel I, ECR (1990) p. I-3847
-  legality of trade restrictions
-  import of beef from South-America

oct 1981

ECJ 6 October 1981, case 246/80, Broekmeulen / KNMG, ECR (1981) p. 2311
-  free movement of persons
-  recognition of qualifications of general medical practitioners