Azzurri Communications Ltd v International Telecommunications Equipment Ltd (t/a SOS Communications) and other companies

Costs Order for costs. Following the main judgment in the case (see ), the Patents County Court considered whether costs caps from Tables A and B of the Costs Practice Direction, CPR Pt 45 should be applied in the award of costs. The court held that it was not appropriate to aggregate two costs caps together, and in the circumstances, only one cap would apply, with an overall cap of 50,000 and stage limits in Table A.

Las v PSA Antwerp NV

European Union Employment. The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of art 45 of the Treaty on the Functioning of the European Union (TFEU). The request had been made in proceedings between Mr Las and his former employer, PSA Antwerp NV (PSA Antwerp), concerning payment by the latter of various sums following his dismissal.

*Spain v European Council

European Union Patent. The Court of Justice of the European Union dismissed the action of Spain and Italy seeking an annulment of Council Decision (EU) 2011-167 of 10 March 2011 (authorising enhanced cooperation in the area of the creation of unitary patent protection).

*Resolution Chemicals Ltd v H. Lundbeck A/S

Patent Infringement. The Patents Court considered an application by the defendant for summary judgment on the ground that the claimant was precluded from bringing its claim for patent invalidity and-or relying on allegations in its claim by reason of estoppel or abuse of process. The court held that the claimant would not be precluded from challenging the validity of the patent, and that the application for summary judgment would be dismissed.

*Royal Bank of Scotland PLC v Highland Financial Partners LP and others

Judgment Setting aside. The Court of Appeal, Civil Division, held that there had been ample material on which to conclude that, but for a deliberate, conscious and dishonest suppression of the information by the claimant bank, RBS, the probability was that RBS would not have applied for summary judgment. Accordingly, judgment granting summary judgment had to be set aside. It had followed that the Court of Appeal decision upholding the liability judgment also had to be set aside.

*32Red plc v WHG (International Ltd and other companies

Trade mark European Community. In earlier proceedings, the claimant company successfully brought a claim against the defendants for the infringement of its trademark '32Red'. In a further judgment, the Chancery Division awarded the claimant damages of 150,000.

Tono v European Commission

European Union Rules on competition. The General Court of the European Union granted the application by Tono, established in Norway, for annulment of part of Commission Decision C(2008) 3435 of 16 July 2008 relating to a proceeding under art 81 [EC] and art 53 of the EEA Agreement (Case COMP-C2-38.698 CISAC) (the contested decision) concerning the conditions of management and licensing of copyright relating to public performance rights of musical works solely with respect to exploitation via the internet, satellite and cable retransmission. It was addressed to 24 collecting societies established in the European Economic Area which were members of the International Confederation of Societies of Authors and Composers, including the applicant.

Slovensky ochranny Zväz Autorsky pre práva k hudobnym dielam (SOZA) v European Commission

European Union Rules on competition. The General Court of the European Union granted the application by Slovensky ochranny Zvz Autorsky pre prva k hudobnym dielam (SOZA), established in Slovakia, for annulment of part of Commission Decision C(2008) 3435 of 16 July 2008 relating to a proceeding under art 81 [EC] and art 53 of the EEA Agreement (Case COMP-C2-38.698 CISAC) (the contested decision) concerning the conditions of management and licensing of copyright relating to public performance rights of musical works solely with respect to exploitation via the internet, satellite and cable retransmission. It was addressed to 24 collecting societies established in the European Economic Area which were members of the International Confederation of Societies of Authors and Composers, including the applicant.

Lietuvos autoriu teisiu gynimo asociacijos agentura (LATGA-A) v European Commission

European Union Rules on competition. The General Court of the European Union granted the application by Lietuvos autori teisi gynimo asociacijos agentura (LATGA-A), established in Lithuania, for annulment of part of Commission Decision C(2008) 3435 of 16 July 2008 relating to a proceeding under art 81 [EC] and art 53 of the EEA Agreement (Case COMP-C2-38.698 CISAC) (the contested decision) concerning the conditions of management and licensing of copyright relating to public performance rights of musical works solely with respect to exploitation via the internet, satellite and cable retransmission. It was addressed to 24 collecting societies established in the European Economic Area which were members of the International Confederation of Societies of Authors and Composers, including the applicant.

Autortiesibu un komunicešanas konsultaciju agentura/Latvijas Autoru apvieniba v European Union

European Union Rules on competition. The General Court of the European Union granted the application by Autortiesibu un komuniceanas konsultaciju agentura-Latvijas Autoru apvieniba, established in Latvia, for annulment of Commission Decision C(2008) 3435 of 16 July 2008 relating to a proceeding under art 81 [EC] and art 53 of the EEA Agreement (Case COMP-C2-38.698 CISAC) (the contested decision) concerning the conditions of management and licensing of copyright relating to public performance rights of musical works solely with respect to exploitation via the internet, satellite and cable retransmission. It was addressed to 24 collecting societies established in the European Economic Area which were members of the International Confederation of Societies of Authors and Composers, including the applicant.