EU law analysis: Audi sought an injunction against GQ, a manufacturer of spare part radiator grilles that left a space for fitting onto a car around the vehicles’ Audi four-circle registered trade mark of Audi or onto which the Audi trade mark emblem could be fitted. The referring court asked if a provision tantamount to the Community Design Regulation ‘repair clause’ should be applied, if not, then was offering the grilles for sale done ‘in the course of trade’, and if so, whether the carve out for referencing registered marks under Article 14(1)(c) of Regulation (EU) 2017/1001 (EUTMR) applied. In what appears to be a departure from recent practice and guidance , the court held that inserting elements of a registered trade mark into or on (or in this case omitting) an automotive spare part made by a party who is not the original vehicle manufacturer and trade mark owner, (radiator grille) for the purpose of fitting the car manufacturer’s original mark does constitute ‘use of a sign in the course of trade’. It determined that Article 14(1)(c) did not apply and the ‘repair clause’ argument did not either. Written by Joanne Frears, solicitor, Lionshead Law.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 21 February 2018; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission Article 101 TFEU investigation into a cartel for the supply of spark plugs to vehicle manufacturers in the EEA (AT.40113). The cartel involved information sharing, bid rigging and allocating customers and the respect of historical supply rights. Latest development On 21 February 2018, the Commission issued its infringement decision after the three manufacturers settled with the Commission and acknowledged their involvement in the cartel. Fines totalling €76m were imposed. Total fines imposed on each manufacturer were: • Denso–€0 (as a result of being granted immunity)• Bosch–€45,834,000 (including a reduction of 28% for leniency and

Law360: Many lawyers have heard of the famous Battle of Thermopylae, during which a relatively small Greek force defeated a numerically superior Persian army in 480 B.C.

Law360, London: Businesses in Britain must immediately take stock of their trade mark portfolios to ensure they do not lose EU-wide protection by the end of 2025 as the five-year deadline for proving genuine use of marks in the EU is fast approaching.

The Speaker's Committee on the Electoral Commission has recommended John Pullinger CB for re-appointment as chair of the Electoral Commission for a second four-year term from 1 May 2025. The recommendation follows consultation with party leaders as required by the Political Parties, Elections and Referendums Act 2000 (PPERA). The Committee's report cites Pullinger's effective leadership through recent elections and implementation of the Elections Act 2022 as key factors in their decision. The re-appointment requires approval from the House of Commons before formal appointment by the King.

[Investment Bank name] (in Special Administration) Special Administrators’ Proposals for achieving the purpose of the Special Administration Notice: About this Proposal • This Proposal has been prepared by [names of Special Administrators], the Special Administrators of [Investment Bank name], solely to comply with their statutory duty under para 49, Sch B1 of the Insolvency Act 1986 as amended by the Investment Bank Special Administration Regulations 2011, SI 2011/245, and for no other purpose. This Proposal is not suitable to be relied upon by any other person, or for any purpose, or in any other context. • This Proposal has not been prepared in contemplation of it being used, and is not suitable to be used, to inform any investment decision in relation to the debt of or any financial interest in [Investment Bank name] (in Special Administration). • Any estimated outcomes for creditors included in this Proposal are illustrative only and cannot be relied upon as guidance as to the actual outcomes for clients, creditors or other stakeholders. Any person that chooses to rely on this Proposal for any purpose, or in any context, other than

Under the GDPR, personal data revealing or concerning an individual’s: (a) genetic or biometric data (where processed for uniquely identifying an individual); (b) racial or ethnic origin; (c) political opinions; (d) religious or philosophical beliefs; (e) trade union membership; (f) health; or (g) sex life or sexual orientation.

‘Special categories of personal data’ or ‘sensitive data’ (the terms used in the GDPR) or ‘special category data’ (the term used by the Information Commissioner’s Office) is personal data subject to higher standards of protection under data protection law. It is defined in Article 9 of the GDPR as: • personal data revealing: - racial or ethnic origin - political opinions - religious or philosophical beliefs, or - trade union membership • data concerning: - health - a person’s sex life, or - a person’s sexual orientation • genetic data, or • biometric data for the purpose of uniquely identifying a natural person

Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions The General Conditions in the IChemE Red Book, fifth edition (2013) shall have effect as modified by the following: Agreement Paragraph 8 In paragraph 8, delete ‘6.3’. Paragraph 14 In paragraph 14, after ‘fax number’ add: ‘or email address’. Insert ‘Email Address’ in the contact details section of both the Purchaser and the Contractor. Paragraph 16 Delete paragraph 16 and insert ‘Not used’. 1. Definitions, interpretation, waiver and Notices Sub-clause 1.1 1.1 In the definition of Cost, after ‘properly’ insert ‘, reasonably and necessarily’. In the definition of Legislation, at the end add (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any body of competent jurisdiction in respect of which the Contractor or Purchaser (as appropriate) has a legal obligation to comply, each as is in force from time to time). Delete

Special Conditions: MF/1 Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition (rev 6) Special Conditions The General Conditions in the MF/1 Model Form of Contract, for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition (rev 6) shall have effect as modified by the following: Clause 1.1 Definitions and interpretations 1.1.d Delete the definition of ‘Contract’ and substitute:‘Contract’ means the Agreement and the other documents listed as forming the contract in the Agreement. 1.1.f In the definition of Contract Value delete ‘other than under sub-clause 6.2 (Labour materials and transport),’. 1.1.y Delete the definition of ‘Purchaser’ and substitute:‘Purchaser’ means the person named as Purchaser in the Agreement and all permitted assignees or transferees under the Contract. 1.1.gg In the definition of Sub-Contractor delete ‘with the consent of the Engineer’. Insert the following new definitions in clause 1.1: 1.1nn ‘Statutory Requirements’ means all legal and regulatory requirements applicable to carrying out the Works which are current

What is the Special Educational Needs and Disability Tribunal (SENDIST)? The Special Educational Needs and Disability Tribunal (SENDIST) is part of the First Tier Tribunal (FTT) (Health, Education and Social Care Chamber (the Tribunal)). Appeals in respect of decisions of the FTT are made to the Upper Tribunal (UT). The FTT deals with appeals in relation to children and young people with special educational needs (SEN) as well as claims of disability discrimination in relation to school and local authorities (LAs) (such as exclusions from schools). How is a panel constituted? Panels of the FTT are usually made up of three members (although increasingly there are two member panels). The panel always has a legally qualified chair, and the other members are experienced in SEN and disability issues. The UT is comprised of one legally qualified member. When can an appeal be made to the First Tier Tribunal? All parents/guardians and young people have a right to appeal to the FTT: • against any amendment to an education, health and

A special guardianship order is an order appointing one or more individuals to be a child's special guardian. It has been described as 'a half-way house' between residence orders and adoption orders. The concept of special guardianship relates to the exercise of parental responsibility and not to parenthood.