On 25 January 2017, in the case of OTK v Stowarzyszenie Filmowcow Polskich (C-367/15), the CJEU ruled that the provisions of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights ("the Enforcement Directive") did not prohibit a Member State from making an award of exemplary or punitive damages.
Fieldfisher Brussels obtains favourable ruling from ECJ regarding Belgian legislation on the recoverability of attorney fees in IP cases
A team from Fieldfisher's Brussels office obtained a favourable ruling from the European Court of Justice following a preliminary reference questioning Belgian legislation on the recoverability of attorney's fees.
The CJEU has confirmed that the operator of a traditional market place may be forced to put an end to the sale of counterfeits and other infringements committed by its market traders. Injunctions against these market operators are subject to the same conditions as those for operators of online marketplaces such as eBay.