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<p>The purpose of this study is to identify, in the light of the case law of the General Court and of the Court of Justice of the European Union, the most important trends related to the concept and to the procedural legal consequences of well-known facts. On one hand, it examines the definitions given to well-known facts by case law and highlights the nuances and possible challenges. On the other hand, the study observes the most important legal consequences of characterising a fact as well-known. In this respect, it attempts to observe the case law of the Court of Justice developed in the field of intellectual property, mainly with respect to the shifting burden of proof when the applicant challenges the accuracy of a well-known fact, and the possibility that this case law might also be applied in other fields of EU law.</p>

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Nuances of general knowledge: a brief outline of cases involving well-known facts in actions for annulment before the general court of the EU

  • 期刊论文

  • 发表日期：

    2025年3月12日

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  • Ion Gâlea

摘要

The purpose of this study is to identify, in the light of the case law of the General Court and of the Court of Justice of the European Union, the most important trends related to the concept and to the procedural legal consequences of well-known facts. On one hand, it examines the definitions given to well-known facts by case law and highlights the nuances and possible challenges. On the other hand, the study observes the most important legal consequences of characterising a fact as well-known. In this respect, it attempts to observe the case law of the Court of Justice developed in the field of intellectual property, mainly with respect to the shifting burden of proof when the applicant challenges the accuracy of a well-known fact, and the possibility that this case law might also be applied in other fields of EU law.