Tipo de documentos
Año
Fecha: 27-Oct-2005
(Directive 79/409/EEC – Conservation of wild birds – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Corncrake – ‘Lauteracher Ried’ special protection area – Exclusion of the ‘Soren’ and ‘Gleggen-Köblern’ sites – Alternatives – Measures to protect the coherence of Natura2000) I–Introduction 1.In this action for ...
Fecha: 27-Oct-2005
(Reference for a preliminary ruling from the Monomeles Protodikio Thessalonikis (Greece)) (Obligation to interpret national law in accordance with a given directive before expiry of the period prescribed for transposition of that directive – Framework agreement on fixed-term work (Directive1999/70) – Successive fixed-term employment relationships ...
Fecha: 27-Oct-2005
5.Article 12(1) EC states that ‘within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.’ 6.Articles 43 and 56 EC come within Part Three, Title III of the Treaty, ‘Free movement of persons, services and capital’. Article 43 is...
Fecha: 06-Oct-2005
(Reference for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands)) (Common Customs Tariff – Tariff headings – Semi-milled rice – Validity of Additional Note 1(f) to Chapter 10 of the Common Customs Tariff) I–Introduction 1.The questions submitted to the Court of Justice by the Gerechtshof Amsterdam (hereinafter ‘the referring court’)...
Fecha: 27-Oct-2005
(Request for a preliminary ruling from the Consiglio di Stato of the Italian Republic) (Telecommunications – Directive 97/13/EC – Scope – Networks for private use in which the conditions for free competition are not present – Directive not applicable) 1.The questions referred to the Court of Justice by the Consiglio di Stato (Council of State) (Ita...
Fecha: 25-Oct-2005
(Failure of a Member State to fulfil its obligations – Belgium – Citizenship of the European Union – Freedom of movement for persons – Right of residence – Availability of sufficient resources – Portuguese national who moves to Belgium to live with her partner, who undertakes to maintain her – Refusal of right of residence on the ground that resour...
Fecha: 20-Oct-2005
(Failure to fulfil obligations – Directive 89/391/EEC – Health and safety at work – Incorrect and incomplete transposition – Late application to teachers in public sector schools – Recourse to external services – Designation of persons responsible for first aid, fire-fighting and evacuation – Participation and consultation of workers with specific ...
Fecha: 20-Oct-2005
(Reference for a preliminary ruling from the Hof van Cassatie (Belgium)) (Preliminary ruling under Article 35EU – Schengen acquis – Convention implementing the Schengen Agreement – Interpretation of Article 54 – Ne bis in idem principle – Application ratione temporis – Concept of ‘the same acts’ – Trafficking of a specific quantity of narcotic drug...
Fecha: 25-Oct-2005
(Reference for a preliminary ruling from the Corte Suprema di Cassazione (Italy)) (Self-employed commercial agents – Commercial agent’s entitlement to indemnity on termination of the contract) 1.In this reference for a preliminary ruling, the Corte Suprema di Cassazione (Supreme Court of Cassation) (Italy), refers a question to the Court of Justice...
Fecha: 05-Oct-2005
The proceedings 1.In the present case, the Commissione Tributaria Provinciale di Cremona (Cremona Regional Tax Court) asks whether Article 33(1) of the Sixth VAT Directive(2) precludes the levying of a tax such as the Italian imposta regionale sulle attività produttive, known more generally by its acronym ‘IRAP’. In the main proceedings, Banca Popo...
Fecha: 03-Oct-2005
(Reference for a preliminary ruling from the Cour de cassation (France)) (Preliminary ruling – Directives 80/987/EEC and 2002/74/EC – Insolvency of the employer – Protection of employees – Payment of outstanding workers’ claims – Determination of the competent guarantee institution – More favourable guarantee under national law – Possibility of rel...
Fecha: 25-Oct-2005
(Competition – Distribution of motor vehicles – Article81 EC – Compartmentalisation of the single market – System restricting bonuses – Restriction of exports – Fine – Guidelines for the calculation of fines) I–Introduction 1.In this case, General Motors Nederland BV and Opel Nederland BV are challenging the judgment of the Court of First Instance ...
Fecha: 20-Oct-2005
(Reduction in tax rates for the revenue of legal and natural persons tax resident in the Azores) I–Introduction 1.By the present action brought under Article230 EC, the Portuguese Republic seeks the annulment of the Commission decision C(2002) 4487 of 11December 2002 (the ‘Decision’),(2) insofar as it qualifies as State aid the tax reductions for r...
Fecha: 11-Oct-2005
(Reference for a preliminary ruling from the Tribunale di Genova (Italy)) (Liability of a Member State for damage caused to individuals where a breach of Community law is attributable to a supreme court – Substantive conditions – National legislation precluding State liability where the breach in question derives from the interpretation of provisio...
Fecha: 07-Oct-2005
(Reference for a preliminary ruling from the High Court of Justice of England and Wales (United Kingdom)) (Directive 2001/83 – Medicinal products for human use – Marketing authorisation – Grounds of refusal – Generic medicinal products – Concept of reference medicinal product) 1.In the present reference for a preliminary ruling, the High Court of J...
Fecha: 13-Oct-2005
European Social Fund – Reduction of financial assistance – Action for annulment – Actionable measure – Preparatory measure – Inadmissibility Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Letter of the Commission relating to the rectification of the final balances of operational programmes for whi...
Fecha: 27-Oct-2005
Action for failure to act – Complaint concerning the protected designation of origin ‘Salers’ – Regulation (EC) No 828/2003 – Definition of position by the Commission – Manifest inadmissibility 1.Actions for failure to act – Failure remedied before commencement of proceedings – Inadmissibility – Definition of position failing to satisfy the applica...
Fecha: 27-Oct-2005
8The applicant claims that the Court of First Instance should: –annul the contested decision; –order OHIM to pay the costs. 9OHIM contends that the Court should: –dismiss the action; –order the applicant to pay the costs. ...
Fecha: 25-Oct-2005
7By application lodged at the Registry of the Court of First Instance on 17 November 2003 the applicant brought the present action. 8The applicant claims that the Court should: –annul the contested decision; –order the Office to pay the costs. 9On 20 February 2004 the Office filed a pleading entitled ‘Response’. In that document under the heading ‘...
Fecha: 27-Oct-2005
9The applicant claims that the Court should: –annul the contested decision; –order OHIM to pay the costs. 10At the hearing, the applicant further claimed that the Court should remit the case for hearing by the Board of Appeal. 11The defendant contends that the Court should: –dismiss the application; –order the applicant to pay the costs. ...