COTY: a luxury case

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by Joana Whyte, Associate Lawyer at SRS Advogados and member of CEDU


Coty
[i] is a much awaited case among competition law practitioners and scholars. This judgement of the Court of Justice of the European Union (CJEU) is expected to be a landmark for the luxury goods industry and will determine how the industry can protect their brands and whether restrictions on certain internet sales can be lawfully upheld.

The judgment will also be of extreme importance for Amazon and similar online marketplaces (such as eBay) who are concerned that internet sales bans will impede the growth of their businesses.

Coty Germany is one of Germany’s leading suppliers of luxury cosmetics who sells luxury cosmetic brands via a selective distribution network, on the basis of a general framework distribution agreement uniformly applied throughout Europe. The agreement is supplemented by other more specific contractual clauses designed to organise the said network.

Parfümerie Akzente has, for many years, distributed Coty Germany’s products as an authorised retailer, both at brick and mortar locations and over the internet. Internet sales are made partly through its own online store and partly via the “amazon.de” platform.

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Editorial of October 2017

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by Joana Covelo de Abreu, Junior Editor


Promotion of internet connectivity in local communities (“WIFI4EU” legislative framework): deepening European Digital Single Market through interoperability solutions

Digital Single Market has become a new political and constitutional calling for the EU since it can promote both economic growth and sustainable development.

Therefore, four researchers – which are, respectively, Editors and Junior Editors of this Blog (Alessandra Silveira, as Scientific Coordinator; Pedro Froufe; Joana Covelo de Abreu, as the responsible for the research deliverable; and Sophie Perez) – were awarded a Jean Monnet Project funding by the European Commission, concerning the theme “EU Digital Single Market as a political calling: interoperability as the way forward”, with the acronym “INTEROP”. This project, with a 2 years’ duration starting on September 2017, is settled on scientific research around administrative interoperable solutions in order to evolve and develop new juridical sensitivities that can rely on interoperable environments, especially concerning debt recovery in the European Union.

Taking into consideration new developments on administrative connectivity, last September 12th 2017, the European Parliament discussed and approved a European Resolution which endorses the necessary legislative alterations, settled on a new Regulation regarding the promotion of Internet connectivity in local communities, universally known as “WiFi4EU”. It will promote the installation of free Wi-Fi spots in public places, squares, municipalities’ facilities, libraries and hospitals. Carlos Zorrinho, a Portuguese Member of the European Parliament (MEP), was the Rapporteur of the resolution, and understood that this solution will promote “neutrality on internet access” despite the geographical location or the economic conditions of the user – “it does not discriminate no one and no territory”. Therefore, “WiFi4EU” is the embryo of the proclaimed European Gigabit Society.

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On the Catalan separatism and the political comprehension: democracy is (must be) more than voting…

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 by Alessandra Silveira, Editor 

On October 1st, we watched stupefied and live the events around the unilateral declaration of the independence of Catalonia. The European Commission has resisted the persevering attempt of the Catalan separatists of converting the Catalan question into a European question.  President Juncker considers that is an internal issue of Spain and the decisions of the Spanish courts and of the Spanish Parliament should be respected. Unpleased, the separatists spread on social medias messages claiming the application of article 7, Treaty on the European Union, i. e., calling on the suspension of the rights of a Member State due to the use of military force against its population.

We shall then make a brief exercise to test the conformity of such argument and try to understand why the EU has resisted taking parting in this imbroglio. What were the Spanish police doing in the voting pools? They were assuring the execution of judicial decisions – of the Spanish Constitutional Court and the Supreme Court of Catalonia itself – aimed at preventing the realization of an unconstitutional and illegal referendum, organised in clear violation of the rule of law. Or, more concretely, the policemen were apprehending documents and instruments destined to facilitate the voting, especially ballot boxes, computer equipment, ballot papers and propaganda papers – and reacted against the ones who were trying to hinder their action.

Continue reading “On the Catalan separatism and the political comprehension: democracy is (must be) more than voting…”