Cases


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Chambers UK
Mead Johnson Nutrition (Asia Pacific) and Others v Commission

Area of Law: EU Law

Judgment of the General Court in Case T-508/19 Mead Johnson Nutrition (Asia Pacific) and Others v Commission: partial annulment the Commission decision finding non-taxation of royalty income in Gibraltar constituted unlawful State Aid.

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easyGroup v Beauty Perfectionists & ors [2022] Bus LR 146, [2022] FSR 8

Area of Law: EU Law

Stephanie Wickenden acted for the successful Claimant on the Defendant’s application to strike out the claim so far as it sought pan-EU27 relief, arguing that the UK court had no jurisdiction to grant EU-wide remedies after 1 January 2021. While permission to appeal was granted by the Chancellor, Sir Julian Flaux, the Defendants eventually abandoned its appeal before it was heard and paid the Claimant’s costs.

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Secretary of State for Health v Servier Laboratories Ltd [2020] 3 WLR 1207

Area of Law: EU Law

David Drake appeared for the successful respondents in the Supreme Court hearing Secretary of State for Health v Servier Laboratories Ltd [2020] 3 WLR 1207, where it was held that the EU law principle of absolute res judicata arising from decisions of the European Courts annulling acts of EU institutions could not be applied in a legal context detached from the annulling judgment.

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Secretary of State for Health & Ors v Servier Laboratories Ltd

Area of Law: EU Law

Michael Edenborough KC and David Drake are two of the four counsel acting for the SoS in this claim to recovery the monopolistic profits made by Servier based upon its invalid patent for perindopril (an ACE inhibitor used to combat high blood pressure). Part of the claim involves an allegation that SErvier improperly obtained a European Patent by deceiving the EPO as to the allegedly novelty of the invention. There is satellite litigation before the CJEU on the competition aspects and various issues concerning the disclosure being purported prevented by the French criminal code.

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