Recent Case Law from Luxembourg on Designs (October 2013-October 2014)

This e-presentation gives a topical overview of the most interesting recent rulings of the Court of Justice and the General Court of the European Union in design matters. Adopting a critical analysis, David Stone shares his views and suggestions on these selected judgments.

David Stone

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Standard version

This version of the e-presentation allows you to jump back and forward to the section of most interest.
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Certified version

This version requires you to view the full e-presentation and to take a short quiz at the end. A certificate can then be issued entitling you to CPD points in selected jurisdictions.

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Question 1 of 4

**Question 1: According to CJEU judgement C-413/12, Asociación de Consumidores, which of the following statements is incorrect?**

the consumer is in an inferior position vis-à-vis the seller or supplier.

consumer protection associations are also in an inferior position vis-à-vis the seller or supplier.

consumer protection associations are not in an inferior position vis-à-vis the seller or supplier.

Question 2 of 4

**Question 2: According to the CJEU judgement C-26/13, Kásler and Káslerne, Directive 93/13 requires that:**

a contractual term must be grammatically intelligible to the consumer.

a contractual term must be grammatically intelligible to the consumer or set out transparently so that that consumer is in a position to evaluate the economic consequences for him.

a contractual term must be grammatically intelligible to the consumer and set out transparently so that that consumer is in a position to evaluate the economic consequences for him.

Question 3 of 4

Question 3: If a commercial practice is found to be misleading or aggressive according to the Unfair Commercial Practices Directive (Directive 2005/29/EC), the CJEU ruled in case C-435/1, CHS Tour Service, that:

it is irrelevant if the trader complies with the duty of professional diligence.

traders are entitled to rely on the defence that they had acted in compliance with their duty of professional diligence.

it is necessary to determine whether the condition of being contrary to the requirements of professional diligence is also met.

Question 4 of 4

**Question 4: According to CJEU case C-391/12, RLvS:**

the Unfair Commercial Practices Directive (Directive 2005/29/EC) only applies to traders when they advertise its own products..

the Unfair Commercial Practices Directive (Directive 2005/29/EC) applies to traders when they advertise its own products or those of a third party.

the Unfair Commercial Practices Directive (Directive 2005/29/EC) applies only to traders when they advertise products of a third party.