En el asunto T‑62/02

Fecha: 29-Nov-2005

18La demandante interpuso el presente recurso mediante demanda presentada en la Secretaría del Tribunal de Primera Instancia el 1 de marzo de2002. 19Mediante escrito presentado en la Secretaría ese mismo día, la demandante interpuso una demanda de medidas provisionales solicitando que se suspendiese la ejecución de los artículos 3, letraf), y 4 de ...

En el asunto T‑64/02

Fecha: 29-Nov-2005

18La demandante interpuso el presente recurso mediante demanda presentada en la Secretaría del Tribunal de Primera Instancia el 28 de febrero de2002. 19Visto el informe del Juez Ponente, el Tribunal de Primera Instancia (Sala Quinta) decidió abrir la fase oral y, en el marco de las diligencias de ordenación del procedimiento, requirió a las partes ...

(Export refunds – Regulations (EEC) Nos 804/68, 1706/89 and 3445/89

Fecha: 24-Nov-2005

11In January 1990, Milch-Kontor exported cheese to Yugoslavia and received an export refund as applied for. The goods exported had been declared as Gouda. 12By decision of 14 August 1995, the Hauptzollamt demanded repayment of the export refund initially granted, on the ground that the goods exported were not commercial Gouda, but a commodity inten...

(Failure by a Member State to fulfil its obligations – Articles 28 EC to 30 EC – Free movement of goods – Articles 1 and 3 of Regulation (EEC) No 881/92 – Articles 1 and 6 of Regulation (EEC) No 3118/93

Fecha: 15-Nov-2005

26Following an initial exchange of letters with the Republic of Austria, the Commission sent that Member State a letter of formal notice on 25 June 2003, requesting a reply within one week. The Austrian Government replied by letter of 3 July2003. 27On 9 July 2003, the Commission sent the Republic of Austria a reasoned opinion under Article 226 EC, ...

(Failure of a Member State to fulfil obligations – Articles 28 EC and 30EC – Directive 89/106/EEC – Decision 3052/95

Fecha: 10-Nov-2005

16In April 2000, the Commission received a complaint from a Portuguese undertaking which had been refused the required authorisation by the supervising body, Empresa Pública de Águas de Lisboa SA (‘EPAL’), for the installation of PEX polyethylene pipes imported from Italy and Spain in the pipe system of a building, on the grounds that such pipes ha...

(Failure of a Member State to fulfil obligations – Directive 2001/16

Fecha: 10-Nov-2005

11Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Commission has applied for costs and the United Kingdom has been unsuccessful, the latter must be ordered to pay the costs. On those grounds, the Court (Fourth Chamber...

(Failure to fulfil obligations– Directives 79/409/EEC and 92/43

Fecha: 17-Nov-2005

5In its defence, whilst acknowledging that the Commission’s action is well-founded, the United Kingdom Government states that it has since taken the necessary measures to remedy the failure complained of. 6In that regard, the Court has consistently held that the question whether there has been a failure to fulfil obligations must be examined on the...

In Case C-197/04

Fecha: 10-Nov-2005

9By a letter of formal notice of 18 October 2002, the Commission notified the Federal Republic of Germany that it considered the abovementioned national law to infringe the provisions of Directives 95/59 and 92/79, in that it taxes ‘West Single Packs’ at the rate of excise duty applicable to fine-cut tobacco. According to the Commission, this produ...

In Case C-366/04

Fecha: 24-Nov-2005

18Administrative penal orders were made against Mr Schwarz by the Mayor of Salzburg who charged him with marketing various types of non-packaged chewing gum from vending machines contrary to the requirements of Paragraph 2 of the Confectionery Hygiene Regulation. 19Mr Schwarz has lodged an appeal against those orders with the Unabhängiger Verwaltun...

In Case C-392/02

Fecha: 15-Nov-2005

21A Danish undertaking (‘the importer’) imported into Denmark frozen mange-tout peas from China. Up to the end of 1995, the goods were sold before customs clearance to a Danish wholesaler, which handled the customs declaration. That wholesaler had an end-use permit, which enabled it to have a zero rate of import duty by virtue of the particular end...

In Case C-443/03

Fecha: 08-Nov-2005

20According to the order for reference, Mr Leffler applied to the President of the Rechtbank te Arnhem (Arnhem Local Court) by writ of 21 June 2001 for interim relief against Berlin Chemie, in order to recover goods taken by way of seizure by that company and to obtain an order prohibiting further such seizure. Berlin Chemie contested the applicati...

In Case C-482/04

Fecha: 21-Nov-2005

12SNF is a leading producer of acrylamide and acrylamide-based polymers such as polyacrylamides which it sells throughout the world. It has developed a range of polyacrylamides, which are polymers specially designed for use in cosmetics and personal care products, under the trade mark Flocare. 13SNF is also a member of the Polyacrylamide Producers ...

In Case T-250/02

Fecha: 30-Nov-2005

8It is clear from the file that the applicant’s property is situated on land belonging to the municipality of Ispra and that it is bordered by a drain consisting, at that spot, of two pipes 80 cm in diameter buried in the ground under the public road (‘the first section of the drain’). 9After running alongside the applicant’s property, the drain co...

In Case T-275/03

Fecha: 09-Nov-2005

19The applicant claims that the Court should: –annul the decision of the Opposition Division; –annul the contested decision; –order OHIM to rule on the merits of the case having regard to the judgment of the Court of First Instance; –order OHIM to pay the costs. 20OHIM contends that the Court should: –dismiss the action; –order the applicant to pay...

In Case T-299/04

Fecha: 18-Nov-2005

16By application lodged at the Registry of the Court of First Instance on 7 July 2004, the applicant brought the present action against the Council and the Commission. 17In his application the applicant claims that the Court should: –annul Article 2 of the contested regulation in so far as it applies to him; –annul Article 1 of Decision 2004/306 in...

In Case T-33/02

Fecha: 29-Nov-2005

11By application lodged at the Registry of the Court of First Instance on 21 February 2002, the applicant brought the present action. 12Upon hearing the report of the Judge-Rapporteur, the Court of First Instance (Fifth Chamber) decided to open the oral procedure and, by way of measure of organisation of procedure, asked the Commission to reply in ...