TEVA UK LIMITED v GILEAD SCIENCES, INC

2020 ◽  
Vol 137 (3) ◽  
pp. 163-186
Author(s):  
Keyword(s):  
Active Ingredients ◽  
Court Of Justice ◽  
Basic Patent ◽  
Court Of Appeal

Abstract H1 Supplementary protection certificates – Anti-retroviral medication – Validity – Combination of active ingredients – Construction of art. 3(a) of the SPC Regulation – Whether product “protected by the basic patent in force” – Whether extent of protection the relevant test – Issue referred to Court of Justice – Interpretation and application of judgment of Court of Justice – Appeal to Court of Appeal

Teva UK Ltd v Gilead Sciences Inc

2019 ◽  
Vol 136 (1) ◽  
pp. 49-60
Keyword(s):  
Active Ingredients ◽  
Court Of Justice ◽  
Basic Patent

Abstract Supplementary protection certificates – Anti-retroviral medication – Validity – Combination of active ingredients – Construction of art.3(a) of the SPC Regulation – Whether product “protected by the basic patent in force” – Whether extent of protection the relevant test – Issue referred to Court of Justice – Interpretation and application of judgment of Court of Justice

The Caribbean Court of Justice

2018 ◽  
Author(s):  
Salvatore Caserta ◽  
Mikael Rask Madsen
Keyword(s):  
Privy Council ◽  
Criminal Cases ◽  
Community Law ◽  
Caribbean Community ◽  
Court Of Justice ◽  
Sociopolitical Context ◽  
The Caribbean ◽  
Caribbean Court Of Justice ◽  
Criminal Matters ◽  
Court Of Appeal

This chapter analyzes the Caribbean Court of Justice (CCJ), the creation of which was regarded as the culmination of the Caribbean’s long and protracted process toward independence from its former colonizers. Formally, the CCJ was instantaneously empowered to hear cases involving Caribbean Community law (Community law). The CCJ was also empowered to replace the Judicial Committee of the Privy Council (JCPC) in London—a last court of appeal for civil and criminal cases from the Caribbean and the most visible remnant of the British Empire’s former rule. The CCJ’s unique double jurisdiction—original over Community law and appellate over other civil and criminal matters—underscores the complex sociopolitical context and transformation of which it is a part. Ultimately, the CCJ’s growing authority has increasingly made the Court the institutional intersection for the convergence of these two different paths toward establishing the Caribbean as a legally integrated regional unity.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

The Court

2018 ◽  
Author(s):  
Tilmann Büttner
Keyword(s):  
Civil Service ◽  
Complete System ◽  
European Court Of Justice ◽  
Legal Entity ◽  
Court Of Justice ◽  
European Court ◽  
Set Up ◽  
Civil Service Tribunal ◽  
Court Of First Instance ◽  
Court Of Appeal

The UPC, universally referred to as ‘the Court’ throughout the text of the Agreement pursuant to Art 2(a) UPCA, is to be regarded legally as a legal entity sui generis (Art 4(1) UPCA) and structurally as a uniform entity. The Court entity as a whole comprises both the judiciary structures, which are the Court of First Instance and the Court of Appeal, and the non-judiciary structures, which are the Registry with sub-registries set up at all divisions of the Court (Art 10(1) and (2) UPCA). The Court’s structure visibly follows that of the CJEU which, according to Art 19 TFEU, comprises as a unitary court the European Court of Justice, the General Court, and the Civil Service Tribunal, thus establishing a complete system of courts.

scholarly journals The Caribbean Court of Justice: A New Judicial Experience

2009 ◽  
Vol 37 (2) ◽  
pp. 219-238 ◽  
Author(s):  
Désirée P. Bernard
Keyword(s):  
Legal Profession ◽  
Caribbean Region ◽  
Privy Council ◽  
Appellate Courts ◽  
Court Of Justice ◽  
The Caribbean ◽  
Commonwealth Caribbean ◽  
Caribbean Court Of Justice ◽  
Court Of Appeal

The inauguration of the Caribbean Court of Justice in April 2005 represented the culmination of aspirations in earlier years to establish a court of last resort for the Caribbean Region to replace the Judicial Committee of the Privy Council (The Privy Council) which was and still is for most Commonwealth Caribbean jurisdictions, the final court. These aspirations were endorsed by the legal profession through the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) over thirty years ago, although the idea of such a court was not an original one having been contemplated early in the last century. The court was envisaged as a Caribbean Court of Appeal with an appellate jurisdiction hearing appeals from domestic appellate courts and an original jurisdiction to interpret regional treaties.

France—immunity from taxation under ICJ Statute—effect of customary international law in French administrative courts

1998 ◽  
Vol 92 (4) ◽  
pp. 764-765
Author(s):  
Bernard H. Oxman ◽  
Stefan A. Riesenfeld
Keyword(s):  
International Law ◽  
Income Taxes ◽  
International Court Of Justice ◽  
Retirement Pension ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Droit International ◽  
Council Of State ◽  
Court Of Appeal

In Re Aquarone. 101 Revue Générale de Droit International Public 838 (1997).Conseil d'Etat (Assemblée), June 6, 1997.In this case, the French Council of State, sitting in its most authoritative formation, had to pass on a petition by Stanislav Aquarone for review of a judgment of the administrative court of appeal of Lyon, dismissing his request for annulment of die imposition by France of income taxes on his retirement pension for the years 1981-1986, paid by the United Nations. In a carefully crafted opinion, the highest administrative court of France rejected die petition and die claim of immunity from taxation of his retirement pay by Aquarone, a former Registrar of the International Court of Justice and an Australian national now living in Gordes, France.

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