Spain

Cautious openness: The Spanish Constitutional court’s approach to EU law in recent national case law

By Mario García

In recent months, the Spanish Constitutional Court (SCC) has issued a series of decisions related to EU law that show an interesting combination of both openness toward the European legal order and a certain degree of apprehension to the growing role of the Court of Justice of the European Union (CJEU) in constitutional matters. In these cases the SCC has arrived at fairly pro-EU results: the SCC decided that preliminary references from Spanish courts to the CJEU take precedence over constitutional questions submitted to the SCC, and that a non-transposed, directly-effective EU Directive can be taken as a factor in the interpretation of a constitutional provision. But, as discussed below, the details subtly suggest that the SCC does not fully agree with the ways in which the CJEU has asserted its institutional position, and prefers to avoid potential conflicts in the future.

The full text is available on Еuropeanlawblog

 

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Spanish National High Court (AN): Right to be forgotten on the Internet

Audiencia Nacional (National High Court) – Roj: SAN 5211/2014 – nº de Recurso: 220/2011 – 29 December 2014

 In its ruling dated 29 December 2014, the Audiencia Nacional (National High Court) established the criteria relating to the recognition of the right to be forgotten Directive 95/46/EC, as a result of the Google Spain ruling. The administrative dispute chamber of the Audiencia Nacional (National High Court) thus recognized, in accordance with the said ruling of the Court of Justice, the right to request the removal from the list of results displayed after a search performed using a person’s name, links to web pages published by third parties and containing personal information.

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Spanish Supreme Court (TS) ruled compatibility between word marks “Don Simon works Max” and “Pascual works” despite the applicable coincidence

Tribunal Supremo (Supreme court) n°1909/2014 – 22 July 2015

 The Chamber examines the appeal brought by “J. Garcia Carrion, SA” against the judgment dismissing the appeal against the resolution rejecting the SPTO grant national brand ‘Don Simon works Max “(word), to cover products in Classes 29 and 32 of the International Classification, because of opposition from, among other, marked “Pascual works” (word) .Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.

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