Topics in Brief

• Author: International Law Group

EU court upholds Commission's right to sue tobacco companies in U S

On January 15, 2003, the EC Court of First Instance (CFI) ruled that the EC Commission could sue tobacco makers, Philip Morris, and R. J. Reynolds of the U.S. plus Japan Tobacco (the Companies) in the U.S. courts to litigate its smuggling and money laundering claims. "A decision by the Commission to bring legal proceedings is not an act which may be challenged by [the Companies in] an action for annulment," the CFI's statement declared. The Companies have two months within which to seek review by the European Court of Justice. Since 2000, the Commission has filed three (so far unsuccessful) U.S. cases against the Companies which are on appeal. One type alleges that the Companies are taking part in the smuggling of tobacco products into the EU, causing it to lose hundreds of millions of euros annually in customs and tax revenue. In October 2002, the Commission filed a distinct money- laundering case in the U.S. against R. J. Reynolds.

Citation: Findlaw Legal News, Brussels, Wednesday, January 15, 2003 (copyright - Reuters 2003; all rights reserved.)

EU issues Regulation on civil aviation security

As a result of the terrorist attacks of September 11, 2001, the European Union has issued Regulation No 2320/2002 establishing common rules in the field of civil aviation security. It requires all EU Member States to set up a national civil aviation security program. The goal is to make sure that the States apply uniform EU and international safety standards, and develop quality control and training programs. The Annexes lay down detailed requirements, e.g., for baggage screening, cargo transport, and mail shipments.

Citation:2002 O.J. of European Communities (L 355) 1, December 30, 2002.

In U S. litigation, federal appeals court rules for Amgen on Epogen patent

On Monday, January 6, 2003, Amgen, Inc. of California reported that the U.S. Court of Appeals for the Federal Circuit [See Amgen, Inc. v. Hoechst Marion Roussel, 2003 WL 41993...