Tipo de documentos
Año
Fecha: 01-Dic-2005
(Reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main (Germany)) (Validity of Articles25(1) and 35(2) of Commission Regulation (EC) No2535/2001 of 14December 2001 laying down detailed rules for applying Council Regulation (EC) No1255/1999 as regards the import arrangements for milk and milk products and opening tariff qu...
Fecha: 15-Dic-2005
(Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) (Interpretation of Articles48, 49, 50, 55 and 152(5) EC and Article22 of Council Regulation (EEC) No1408/71 on the application of social security schemes to employed persons, to self‑employed persons and to members of their families moving within the ...
Fecha: 07-Dic-2005
(Reference for a preliminary ruling from the Court of Appeal (Civil Division) of England and Wales (United Kingdom)) (Sixth VAT Directive – Articles 21(3) and 22(8) – Joint and several liability for payment of VAT – Principles of proportionality and legal certainty – Missing trader intra-Community fraud – Carousel fraud) 1.This reference for a prel...
Fecha: 15-Dic-2005
(Reference for a preliminary ruling from the Bundesfinanzhof, Germany) (Tax law – Corporation tax – Tax exemption for charitable foundations established under private law – Residence requirement) I–Introduction 1.In this case the Court is essentially required to ascertain the extent to which a foreign foundation which satisfies national requirement...
Fecha: 15-Dic-2005
3.Article 8(1) of Regulation No 40/94 provides in so far as relevant: ‘Upon opposition by the proprietor of an earlier trade mark, the [Community] trade mark applied for shall not be registered: … (b)if because of its identity with or similarity to the earlier trade mark and the identity or similarity of the goods or services covered by the trade m...
Fecha: 15-Dic-2005
4.Article 1 of Directive 79/7 provides: ‘The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as “the principle of equal treatment...
Fecha: 08-Dic-2005
(Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia (Italy)) (Freedom to provide services in maritime transport within Member States – Maritime cabotage – Article 3(3) of Regulation No 3577/92 – Island cabotage – Vessels larger than 650 gt – Matters relating to the manning of vessels – Law applicable – Fla...
Fecha: 01-Dic-2005
Directive 92/12 6.It is helpful, if somewhat laborious, to peruse the relevant parts of Directive 92/12 in some detail. 7.The fourth to eighth recitals in the preamble set out the following considerations: ‘… in order to ensure the establishment and functioning of the internal market, chargeability of excise duties should be identical in all the Me...
Fecha: 01-Dic-2005
(Action for failure to fulfil obligations– Breach of Article5(3) of Council Directive 89/618/Euratom on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency) I–Introduction 1.In the present case, brought pursuant to Article141 of the Treaty establishing the Europe...
Fecha: 14-Dic-2005
Appeal – Directive 67/548/EEC – Refusal to declassify rosin as a dangerous substance – Action for annulment – Act not open to challenge – Breach of the right to an effective legal remedy – Action for damages – Appeal clearly unfounded 1.Actions for annulment – Action against a decision refusing to withdraw or amend an earlier act (Art. 230 EC) (see...
Fecha: 14-Dic-2005
Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – D...
Fecha: 14-Dic-2005
Compliance with a judgment of the Court of First Instance – Reduction of the fine imposed on the applicant – Failure then refusal of the Commission to pay interest on the sum refunded – Action for annulment – Principle of legal certainty 1.Competition – Fines – Refunding of a sum overpaid with no decision taken as to the request for payment of defa...
Fecha: 14-Dic-2005
Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – D...
Fecha: 14-Dic-2005
Community trade mark – Opposition proceedings – Application for the Community word mark CARPOVIRUSINE – Former national word mark CARPO – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of...
Fecha: 14-Dic-2005
State aid – Measures on the part of the Italian authorities aimed at compensating for the damage caused by ovine catarrhal fever (blue tongue) – Guidelines concerning State aid in the agricultural sector 1.State aid – Prohibitions – Exceptions – Aid to compensate for damage to agricultural production – Aid benefiting undertakings or activities in t...
Fecha: 15-Dic-2005
Community trade mark – Three-dimensional trade mark in the shape of an electronic lighter – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94 1.Community trade mark – Definition and acquisition of the Community tra...
Fecha: 14-Dic-2005
Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – D...
Fecha: 14-Dic-2005
Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – D...
Fecha: 15-Dic-2005
Community trade mark – Figurative mark containing the word element ‘clean x’ – Opposition by the proprietor of the earlier national word and figurative marks CLEN – Rejection of the opposition – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – ...
Fecha: 15-Dic-2005
(Reference for a preliminary ruling from the Hoge Raad (Netherlands)) (Sixth VAT Directive – Article 13A(1)(c) – Exempt activities – Provision of care in the exercise of the paramedical professions recognised by the Member State concerned – Services provided by a physiotherapist which do not fall within the definition of that profession – Services ...