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• Intellectual property
  
  In a ruling given on 1 December 2011 (C-446/09 and C-495/09 involving Philips and Nokia respectively), the European Union Court of Justice (ECJ) clarified the scope of intellectual property rules within the European Union.
  
  According to longstanding ECJ case law, if a counterfeit product is found at EU customs but is not intended to be put on the EU market (i.e. when it is in transit), the EU rules on intellectual property do not apply.
  
  In this new ruling, the ECJ has stated that in some cases (based on criteria like false information from the producer, default of cooperation of the latter with the custom authorities, etc.) where the risk that further marketing in the EU of a counterfeit product retained by customs for transit could occur, then EU rules on intellectual property do apply. It belongs to the Member State courts to decide, on a case by case basis, whether those critiera are fulfilled. This ruling thus extends the application of EU law to some cases where counterfeit products are in transit at the EU customs.
  
  
• Freedom to provide services
  
  On 22 September 2011, the European Union Court of Justice (ECJ) ruled in the « Mesopotamian Broadcast » (C-244/10) case that Television programs can be prohibited by a Member State of the European Union if the latter proves that the broadcaster presents in its programs any ‘incitement to hatred on grounds of race, sex, religion or nationality’, as stated by Directive 89/552/EEC of 3 October 1989.
  
  A Danish broadcaster, « Mesopotamian Broadcast », transmitted television programs in Germany taking sides for the Kurdistan Workers Party (PKK). The German administration prevented the broadcaster from diffusing its programs, considering that the programs infringed the principles of international understanding between peoples. The case was brought before a German court which asked the ECJ to state whether an infringement of the principles of international understanding could be considered as an ‘incitement to hatred on grounds of race, sex, religion or nationality’ within the terms of the directive and hence be condemned accordingly. 
  
  The ECJ answered the question affirmatively.
  
  
• Free movement of goods
  
  On 28 September 2011 the European commission requested that Finland, Slovakia and Poland change their current rules and practices concerning measurement instruments, right hand vehicles and electronic waste.
  
  Additionally, the European Commission decided on 27 October 2011 to refer Lithuania to the European Court of Justice because it maintains obstacles to the registration of second-hand vehicles in breach of EU rules on vehicle type-approval and on the free movements of goods.
  
  Finally, in its court ruling 443/10 of 6 October 2011, the ECJ ruled that the French authorities were not allowed to require, for the award of a subsidy to imported demonstration motor vehicles, that the vehicle should be marked as “demonstration vehicle” in the first certificate of registration.
  
  All these actions are in line with the “Guide to the application of Treaty provisions governing the free movement of goods” the European Commission Directorate General Enterprise published in 2010 with a view to reinforcing the internal market of the European Union in the face of Member States’ breaches.
   
• Contract law
  
  On 11 October the European Commission published its "Proposal for a Regulation of The European Parliament and of The Council on a Common European Sales Law".
  
  This proposal would establish a 28th legal regime of European contract law, in addition to the 27 Member States' regimes.
  
  The objective of this proposal is to facilitate e-commerce within the European Union by reducing administrative and legal burdens and offering an appropriate level of consumer protection.
  
  If passed, this new legislation would allow traders and buyers operating via the internet to agree on a new set of EU contract rules which would become an alternative to national law.
  
  
• Free movement of patients
  
  Since 28 October 2011, the European Commission has consulted relevant stakeholders to see how the recognition of cross-border medical prescription could be improved.  This policy is aimed at ensuring the free movement of European patients.
  
  Patients, health professionals prescribing medicinal products and/or medical devices, health professionals dispensing prescriptions for medicinal products and/or medical devices as well as the medical industry involved in manufacturing and wholesale dealing of medicinal products and/or medical devices can make their comments to the European Commission until 8 January 2012 at http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=Prescriptions
  
  
  
  
  
  

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