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• The Aftermath of the C-149/15 ECJ Judgment on the Liability of Online Marketplaces Misleading Consumers

  47-63

  Ágoston Győri

  Views:

  105

  The Court of Justice of the European Union (CJEU), in its judgment in case C-149/15, Sabrina Wathelet v. Garage Bietheres & Fils SPRL, introduced a significant shift in the approach to the civil liability of intermediaries who facilitate the conclusion of contracts between consumers and businesses. The CJEU ruled that, under certain circumstances, a third party facilitating the transaction may be considered the seller in a sales contract between a consumer-seller and a consumer-buyer. Recent consumer protection legislation in the European Union suggests that the principles established in the judgment have laid the groundwork for holding online marketplaces, which have previously operated unchecked and engaged in fraudulent practices against consumers, civilly liable.

  This paper first briefly outlines the key elements of the judgment and then examines how the European Union's Digital Services Act (hereinafter: DSA) and the new Product Liability Directive regulate the liability of service providers operating online marketplaces.

• A magyar versenyjogi fogyasztóvédelem „fogyasztó” szemlélete a Versenytanács joggyakorlatában

  Imre Andorkó

  Views:

  103

  Without abstract.

• Registration of sound trademarks in the context of the changes created by the EU trademark reform

  Vigh Beata

  Views:

  257

  One of the most significant changes brought about by the EU trade mark reform is the inclusion of new types of trade marks in the trade mark system. The category of sound marks was known before the trademark reform, but the main challenge for registration was the criteria of presentation. After the introduction of the EU trade mark reform, the absolute ground of non-distinctiveness may be the main obstacle, as the new rules ease the requirements for appearance, but the other basic condition for registration, the examination of distinctiveness, may be a challenge for the applicant. The ability of the consumer to identify the commercial origin of the product or service by means of a sound is a key factor in determining whether the sign is distinctive and able to become a registered trademark.