Tipo de documentos
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Fecha: 06-Oct-2005
8The Commission initiated the infringement procedure under Article 226 EC by a letter of formal notice sent to the Spanish Government on 20 April 2001, in which it maintained that Article 102 and the second paragraph of Article 104(2)(2) of Law No 37/1992 restrict, contrary to Articles 17(2) and (5) and 19 of the Sixth Directive, the right to deduc...
Fecha: 25-Oct-2005
19In the early 1990s a property development company built an apartment complex in the Stuttgart area intended for letting primarily to businessmen. The property complex was to be run as a hotel by an operating company acting as lessee. 20The apartments were sold on a joint ownership basis to individuals, including the borrowers, as an investment en...
Fecha: 06-Oct-2005
10Following a complaint, the Commission sent a formal letter of notice to the French Government on 23 April 2001 in which it alleged that the French Republic had infringed Articles 17(2) and (5) and 19 of the Sixth Directive, first, by applying a deductible proportion of VAT to all taxable persons, including those who do not carry out taxable trans...
Fecha: 20-Oct-2005
9By payment demand of 18 December 1997, the Roosendaal district customs inspector (hereinafter ‘the Inspector’) notified Traffic that it owed NLG 62045.20 (EUR 28154.88) in respect of antidumping duties. 10Having paid that amount, Traffic, on 19 February 1998, filed an objection to the payment demand. 11On 18 May 1998, Traffic, firstly, withdrew th...
Fecha: 28-Oct-2005
6In paragraph 53 of the order under appeal, the President of the Court of First Instance, acting in his capacity as the judge dealing with the application for interim measures, stated that, according to settled case-law, where the manifest inadmissibility of the main action to which the application for interim measures relates is raised, it may pro...
Fecha: 06-Oct-2005
6MyTravel sells package holidays to be taken in foreign countries. It invariably buys in the accommodation from third parties. However, as it has its own airline, it generally uses its own aircraft to take holidaymakers to their destinations. It also sells individual aeroplane tickets to the public, referred to as ‘seat-only’ sales, for seats on it...
Fecha: 27-Oct-2005
Community legislation 11Article 67 of the EEC Treaty (subsequently Article 67 of the EC Treaty, repealed by the Treaty of Amsterdam) provides: ‘1.During the transitional period and to the extent necessary to ensure the proper functioning of the common market, Member States shall progressively abolish between themselves all restrictions on the movem...
Fecha: 25-Oct-2005
20According to the order for reference, since the end of the 1980s, the Bank has financed the purchase of old apartments. These properties are generally blocks of flats constructed as social housing in the 1960s and 1970s which were purchased by Allgemeine Wohnungsvermögens AG, partly renovated and then offered for sale. Heinen & Biege GmbH (‘H...
Fecha: 13-Oct-2005
12Under Article 22 of Law No142/1990, the Gemeinde Brixen had had recourse, for the management of certain local public services for which it was responsible, to Stadtwerke Brixen, a special undertaking owned by that municipality. 13Under Article 1 of its statutes, Stadtwerke Brixen was endowed, from 1 January 1999, with legal personality and corpor...
Fecha: 20-Oct-2005
9At the time of the facts in the main proceedings, Overland, an undertaking established in the United Kingdom, bought products, mainly shoes, manufactured outside the Community and then imported and distributed them in the Community. Wolverine Far East (‘Wolverine’) was its buying agent in the Far East. 10Overland paid Wolverine a buying commission...
Fecha: 20-Oct-2005
15On 24February 1998 Ten Kate and Others brought an action before the Rechtbank te ’s-Gravenhage (District Court, The Hague) in which they sought an order requiring the Netherlands State to compensate them for the harm which they had suffered by reason of the fact that they were no longer manufacturing proteins derived from pig fat since 30July 199...
Fecha: 13-Oct-2005
10Scania sued Rockinger before the Cour d’appel d’Amiens. The service of the document instituting the proceedings was effected by lodging it with the public prosecutor’s office. 11A German judicial officer was responsible for forwarding that document to Rockinger. Rockinger objected to such service, in particular on the ground that that document wa...
Fecha: 27-Oct-2005
5The Commission considered that the provisions of the contested ordinance authorising the award of supply and service contracts by the negotiated procedure in cases not covered by Directives 92/50 and 93/36 were contrary to those directives and to Articles 43 EC and 49 EC and, on 19 December 2002, sent the Italian Republic a letter of formal notice...
Fecha: 13-Oct-2005
5In 1992, Mr and Mrs Klein, who live in Germany, concluded inter alia with Rhodos, a company established in the Isle of Man, a contract described as a ‘membership contract’ (Mitgliedschaftsvertrag), under the terms of which the parties, who were described as ‘buyers’ (Käufer), became members of a club. 6Membership of that club was a requirement for...
Fecha: 06-Oct-2005
4The order for reference states that criminal proceedings were brought against MrVajnai, Vice-President of the Hungarian Workers’ Party, for displaying on his clothing in public a five-point red star, made of cardboard with a diameter of 5cm, during a demonstration held in Budapest on 21 February 2003. A police officer who was on duty requested him...
Fecha: 27-Oct-2005
7Levob, established in Amersfoort (Netherlands), operates an insurance business. On 2 October 1997, it entered into a contract (‘the contract’) with Financial Data Planning Corporation (‘FDP’), a company established in the United States. 8Under the contract, FDP undertook to provide Levob with a computer programme which it markets to insurance comp...
Fecha: 26-Oct-2005
12These are the circumstances in which, by application lodged at the Registry of the Court of First Instance on 1 April 2004, the applicant brought this action. 13By separate document lodged at the Registry on 18 June 2004, the Commission raised a plea of inadmissibility pursuant to Article 114 of the Rules of Procedure of the Court of First Instan...
Fecha: 17-Oct-2005
12By application lodged at the Registry of the Court of First Instance on 4 February 2002, the applicants brought the present action. 13By a separate document lodged at the Court Registry on 4 April 2002, the defendant raised a plea of inadmissibility under Article 114 of the Rules of Procedure of the Court of First Instance. 14By a document lodged...
Fecha: 25-Oct-2005
3The applicant, a Spanish national, was employed from January 1993 to November 2001 by the representative office of the Patronat Català Pro Europa (‘the Patronat’) in Brussels, which is the body in charge of managing the interests of the government of the Spanish Autonomous Community of Catalonia (Comunidad Autónoma de Cataluña) within the Communit...
Fecha: 19-Oct-2005
10By Decision 2000/796/EC of 21 June 2000 on State aid granted by Germany to CDA Compact Disc Albrechts GmbH, Thuringia (‘the contested decision’), the Commission ruled on the legality of the financial aid granted by various German public entities from 1991 to 1995 for a compact disc (‘CD’) production plant and CD accessories, established in Albrec...