Automotive

Recent Articles

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  09/04/2024

  Europe

  The sum of parts: Registered design for segments of towers found valid by General Court

  BackgroundTA Towers ApS (“TA Towers”), a company based in Denmark, is the holder of the below registered Community design relating to goods for building materials, specifically, ‘building materials for a windmill tower’ (the “RCD”): On 3 September 2019, the intervener, Wobben Properties GmbH (Wobben) filed an application for a declaration of invalidity of the RCD. Wobben claimed that:the contested design lacked novelty,it did not have individual character, andthe features of its appearance were solely dictated...

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  08/04/2024

  Hungary

  Hungary proposes ex-ante competition tool to regulate essential companies

  On 2 April 2024, the Hungarian Ministry of Justice submitted an omnibus act to the Hungarian parliament proposing the amendment of several Hungarian laws, including the Competition Act. This Proposal’s most noteworthy element is – based on the German example – expanding the Hungarian Competition Authority’s (HCA) toolbox by introducing a new ex-ante regime enabling the HCA to impose obligations on certain companies without first having to demonstrate a violation of the law.This following article summarises the Proposal’s new rules, potential consequences and next steps.PROPOSED...

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  04/04/2024

  England and Wales

  Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

  In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...

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  03/04/2024

  Ukraine

  Register of Damage for Ukraine is open for claims submission

  On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place as part of the Ministerial Conference "Restoring Justice for Ukraine" co-hosted by the Netherlands, Ukraine and the European Commission at the World Forum in The Hague.As a reminder, the official website of the Register of Damage for Ukraine was launched on 4 March 2024. The website contains the following:documents governing the work of the Register;answers to frequently asked questions on the Register’s...

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  26/03/2024

  Europe

  EU Court ruling upholds invalidity action against PUMA shoe design

  The EU General Court ruled on the invalidation of a community design by the EUIPO and an appeal against that decision (judgement of the General Court in Case T-647/22, Puma v EUIPO - Handelsmaatschappij J. Van Hilst), finding that PUMA's shoe design had lost its individual character due to its disclosure, which preceded the application for the disputed design by more than 12 months. The poor quality of the photos on Instagram or the lack of focus on the design of the shoes did not constitute a reasonable argument. The Court also held that the disclosure on a social media platform was sufficient...

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  19/03/2024

  Hungary

  Hungary adopts new regulations on occupational Safety and Health fines and administration

  The Hungarian parliament recently adopted amendments to certain government regulations on occupational matters, and new government regulations on the detailed rules for the amount and imposition of occupational safety and health (OSH) fines, which entered into force on 1 March 2024. The amendments to the government regulations were necessary to ensure consistency between the legislation.The following article summarises these changes.1. Government Decree No 24/2024 (II.14.) amending certain Government Decrees on employmentAmendment to Government Decree No. 320/2014 (XII.13.) on the designation of...

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