Case C-186/04

Fecha: 27-Ene-2005

(Reference for a preliminary ruling from the Conseil d’État (Belgium)) (Freedom of access to information on the environment – Request for information – Obligation to give reasons in the event of refusal – Failure by an authority to respond within the time-limit for responding – Fiction of an implied refusal – Fundamental right to effective legal pr...

Case C-208/03

Fecha: 27-Ene-2005

Community law 3.Article 190(4) EC provides that the European Parliament is to draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all the Member States, or in accordance with principles common to all the Member States, and that the Council, acting unanimously, is to lay down provisions, which it i...

(Case C-279/03

Fecha: 26-Ene-2005

Arbitration clause – Proceedings to have a judgment by default set aside – Reimbursement of an advance payment – Default interest Procedure – Reference to the Court pursuant to an arbitration clause (Art. 238 EC) (see paras 25-35) Re: Application to set aside the judgment of the Court of 24 February 2005 in Case C‑279/03 Commission v Implants Opera...

Case C-287/02

Fecha: 20-Ene-2005

3.The Common Agricultural Policy is financed according to the rules set out in Regulation No 1258/99 (‘the Basic Regulation’)(3) which provides that the Guarantee Section shall finance intervention intended to stabilise the agricultural markets, undertaken according to Community rules within the framework of the common organisation of those markets...

Case C-402/03

Fecha: 20-Ene-2005

(Reference for a preliminary ruling from the Vestre Landsret (Denmark)) (Liability for defective products – Liability of the distributor of a defective product) I–Introduction 1.This reference for a preliminary ruling from the Vestre Landsret (Western Regional Court) (Denmark) concerns the interpretation of Council Directive 85/374/EEC of 25 July 1...

Case C-418/02

Fecha: 13-Ene-2005

(Reference for a preliminary ruling from the Bundespatentgericht (Germany)) (Trade marks – Directive 89/104/EEC – Service marks – Services supplied in connection with the retail sale of goods – Registration – Specification of the nature of such services and of the goods to which they apply – Similarity of such services and the goods sold or service...

Case C-434/03

Fecha: 20-Ene-2005

The basic provisions 3.The essence of the VAT system is set out in Article 2 of the First VAT Directive:(3) ‘The principle of the common system of value added tax involves the application to goods and services of a general tax on consumption exactly proportional to the price of the goods and services, whatever the number of transactions which take ...

Case C-452/03

Fecha: 27-Ene-2005

(Reference for a preliminary ruling from the High Court of Justice of England and Wales (Chancery Division)) (VAT – Sixth and Thirteenth Directives – Place of supply of services – Tax avoidance scheme – Company established outside the Community and other companies in the same group established in a Member State – Amusement arcades – Meaning of ‘ent...

Case C-464/02

Fecha: 20-Ene-2005

3.Denmark imposes a registration tax on the acquisition of a new vehicle, calculated on the basis of its value. The rate of tax is 105% of the purchase price (including VAT and other taxes totalling 34%) up to a threshold determined each year and 180% of the remainder.(2) Although some other Member States provide for a similar tax – albeit at a ver...

Case C-519/03

Fecha: 18-Ene-2005

(Failure of a Member State to fulfil obligations – Directive 96/34/EC – Parental leave – Maternity leave – Incorrect transposition) 1.In an action brought on 12 December 2003, the Commission of the European Communities (‘the Commission’) requested the Court of Justice to establish, pursuant to Article 226 EC, whether the Grand Duchy of Luxembourg (...

(Case C‑171/06

Fecha: 12-Ene-2005

Appeal – Community trade mark – Regulation (EC) No 40/94 − Article 8(1)(b) − Figurative mark − Opposition by the proprietor of an earlier national trade mark – Likelihood of confusion 1.Appeals – Pleas in law – Plea submitted for the first time in the context of the appeal – Inadmissible (see paras 22-24) 2.Community trade mark – Definition and acq...

Case C‑5/11

Fecha: 09-Ene-2005

(Reference for a preliminary ruling from the Bundesgerichtshof (Germany)) (Free movement of goods— Industrial and commercial property— Sale of goods copyright protected in the Member State of the buyer but not in the Member State of the seller— Penal sanction imposed on a person involved in sale and delivery— Distance sales contracts— Distribution ...

(Case T-121/05

Fecha: 17-Ene-2005

Access to documents – Regulation (EC) No 1049/2001 – Documents and sound recordings – Refusal of access – Exception relating to the protection of the privacy and integrity of the individual – Exception relating to the protection of the decision-making process European Communities – Institutions – Right of public access to documents – Regulation No ...

Case T-216/05

Fecha: 02-Ene-2005

(Protection of the ozone layer – Importation of methyl bromide into the European Union – Refusal to allocate an import quota to the applicant for critical use for 2005 – Action for annulment – Admissibility – Implementation of Articles 3, 4, 6 and 7 of Regulation (EC) No 2037/2000 – Legitimate expectations – Legal certainty) Summary of the Judgment...