Tribunal de Justicia de la Unión Europea

Fecha: 02-Dic-2004

Fecha: 16-Dic-2004

(Action for annulment – Regulation (EC) No 2204/2002 – State aid for employment – Infringement of Regulation (EC) No 994/98 – Principle of legal certainty – Principle of subsidiarity – Principles of proportionality and consistency – Principle of non-discrimination – Legal basis) 1.The Kingdom of Belgium has applied to the Court of Justice for annul...

Fecha: 10-Dic-2004

Appeal – Directive 2003/15/EC – Action for annulment – Cosmetic products – Protection of public health – Experiments on animals – Prohibition of substances which are carcinogenic, mutagenic or toxic for reproduction – Appeal in part clearly inadmissible and in part clearly unfounded 1.Procedure – Obligation on the Court of First Instance to initiat...

Fecha: 07-Dic-2004

(Freedom of establishment – Establishment and operation of opticians’ shops – Requirements – Restrictions on natural and legal persons – Justification – Principle of proportionality) 1.In these Treaty infringement proceedings, brought pursuant to Article 226 EC, the Commission of the European Communities seeks a declaration by the Court of Justice ...

Fecha: 16-Dic-2004

(Reference for a preliminary ruling from the Bundesvergabeamt (Austria)) (Public contracts – Directive 89/665/EEC – Direct applicability – Withdrawal – Decision to withdraw – Review – Annulment) I–Introduction 1.This reference for a preliminary ruling concerns the legal question of whether a withdrawal of a contract award procedure is amenable to r...

Fecha: 16-Dic-2004

Fecha: 02-Dic-2004

Fecha: 16-Dic-2004

(Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge (Belgium)) (Free movement of goods – Freedom to provide services – Itinerant activity – Offer and conclusion of contracts for subscriptions to periodicals – Prior administrative authorisation – Protection of consumers) 1.Does Community law preclude national legislati...

Fecha: 09-Dic-2004

Fecha: 16-Dic-2004

2.The aim of the Directive, as set out in its preamble,(3) is to preclude the adoption of national technical regulations or standards capable of entailing barriers to trade unless they are necessary in order to meet essential requirements and have an objective in the public interest of which they constitute the main guarantee. Thus, if a Member Sta...

Fecha: 16-Dic-2004

(Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands)) (Milk and milk products – National legislation on increasing or reducing the price paid for raw milk according to quality – Regulation (EEC) No 804/68 – Prohibition of State aids (Articles 87 EC and 88 EC)) I–Introduction 1.There are in the Netherlan...

Fecha: 14-Dic-2004

Fecha: 02-Dic-2004

2.In November 2001 the Community, Thailand and the Philippines agreed to hold consultations to examine to what extent Thai and Philippine legitimate interests were being unduly impaired by the preferential tariff treatment for canned tuna originating in the African, Caribbean and Pacific Group of States (‘the ACP States’). 3.At that time the Commun...

Fecha: 02-Dic-2004

Fecha: 16-Dic-2004

(Reference for a preliminary ruling by the Hoge Raad der Nederlanden (Netherlands)) (VAT – Sixth Directive 77/388/EEC – Legal certainty – Legitimate expectations – Amendment of national law – Grant of a usufructuary right – Transaction previously subject to tax – Exemption – Application with retroactive effect – Compatibility) 1.By judgment of 18 O...

Fecha: 09-Dic-2004

2.Article 244(c)B of the French Code général des impôts (General Tax Code) provides: ‘Industrial and commercial or agricultural undertakings assessed on their actual profit may receive a tax credit equal to 50% of the amount by which research expenditure in the course of a year exceeds the average expenditure of the same nature, recalculated in lin...

Fecha: 01-Dic-2004

(Reference for a preliminary ruling from the Cour de Cassation (France)) (State aid – Tax advantage granted to wholesale distributors – Recovery of the sums paid by a taxpayer by way of a charge levied asymmetrically – Burden of proof) I–Introduction 1.By decision of 14 December 2004, the French Cour de Cassation (Court of Cassation), pursuant to A...

Fecha: 02-Dic-2004

(Failure of a Member State to fulfil obligations – EAEC – Health and safety – Disposal of radioactive waste – Decommissioning of a nuclear reactor – Military installation) I– II–Introduction 1.In this action brought under Article141 of the Treaty establishing the European Atomic Energy Community (the ‘EAEC Treaty’), the Commission claims that, by f...

Fecha: 16-Dic-2004

TFEU 2.Article12 TFEU provides that ‘consumer protection requirements shall be taken into account in defining and implementing other Union policies and activities’. The Charter of Fundamental Rights of the European Union 3.Article38 of the Charter of Fundamental Rights of the European Union (‘the Charter’)(3) provides that EU policies ‘shall ensure...

Fecha: 14-Dic-2004

11Between 1981 and 1996, the Council adopted several directives against the use of certain substances having a hormonal action in animal feedstuffs, in order, in particular, to protect human health. 12The United States of America (‘the United States’) brought dispute settlement proceedings before the tribunals of the WTO in which they challenged th...