Case Summaries Up To March 2005
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By Law Brief Publishing on 17/03/2005 00:00
Without being the owner of a trade mark, a third party may use it in order to indicate the intended purpose of a product which it markets. Such use must, however, satisfy the criterion of necessity and fulfil the condition of ‘honest practices in industrial and commercial matters’.
By Law Brief Publishing on 15/03/2005 00:00
Assistance covering maintenance costs of students falls within the scope of application of the EC Treaty for the purposes of prohibition of discrimination on grounds of nationality.
By Law Brief Publishing on 10/03/2005 00:00
Distance contracts for car hire are not covered by the right to a full refund in the event of cancellation by the consumer.
By Law Brief Publishing on 10/03/2005 00:00
The VAT (Input Tax)(Persons Supplied) Order 1991 permitting employers to deduct VAT on sums reimbursed to employees for vehicle fuel they buy is incompatible with EC law.
By Law Brief Publishing on 11/01/2005 00:00
Gloster J held that an arbitration award could be enforced against Lithuania. Although Lithuania had not lost immunity under ss2 or 3 of the State Immunity Act 1978, it had lost immunity under s9.
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