Tipo de documentos
Año
Fecha: 26-May-2005
Trade mark legislation 3.Article 5 of the Trade Marks Directive provides: ‘1.The registered trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade: (a)any sign which is identical with the trade mark in relation to good...
Fecha: 12-May-2005
(Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) (Sixth VAT Directive – Standard software – Customisation to meet the purchaser’s requirements – Supply of goods or supply of services) I–Introduction 1.In the present case the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) is seeking from the Court o...
Fecha: 12-May-2005
(Failure to fulfil obligations – Breach of various obligations in the field of environmental protection in the region of Vera, province of Almeria – Directive 75/442/EEC on waste – Definition of waste – Slurry – Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC on t...
Fecha: 25-May-2005
(Reference for a preliminary ruling from the Hof van Beroep te Antwerpen (Belgium)) (Sixth VAT Directive – Articles 2(1), 5(1) and 27(1) and (5) – Scope – Chargeable event – Supply of goods for consideration – Theft from a tax warehouse of goods subject to excise duty – Derogating national measure) 1.By this reference for a preliminary ruling, the ...
Fecha: 26-May-2005
(Reference for a preliminary ruling from the Corte Suprema di Cassazione (Italy)) (Indirect taxes – Raising of capital – Merger of companies – Acquisition of a parent company by the subsidiary company (‘reversemerger’)) I–Introduction 1.The lawfulness of a duty charged in respect of a transaction under company law which can be described as a ‘rever...
Fecha: 25-May-2005
(Reference for a preliminary ruling from the Value Added Tax and Duties Tribunal, London (United Kingdom)) (Customs value – Import customs duties – Price of goods and buying commission – Payment of customs duty on full amount declared – Revision of the declaration – Article 78 of the Customs Code) 1.This reference for a preliminary ruling concerns ...
Fecha: 12-May-2005
(Reference for a preliminary ruling from the Gerechtshof te ’s‑Hertogenbosch (Netherlands)) (Free movement of capital – Direct taxes – Income tax – Income from savings and investments – Entitlement to a tax credit in respect of social security contributions – Whether affiliation to a social security scheme is a permissible criterion for differentia...
Fecha: 25-May-2005
(Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) (Agriculture – Export refunds – Conditions for granting – Importation of the product into the country of destination – Meaning – Substantial processing and re-importation of the product – Abuse of law) I–Introduction 1.The question referred to the Court for a preliminary ...
Fecha: 26-May-2005
2.According to Article 87(1) EC, ‘[s]ave as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be inco...
Fecha: 26-May-2005
(Hazardous chemicals and pesticides – Rotterdam Convention – Choice of legal basis – Common commercial policy, environmental policy) I–Introduction 1.In these proceedings the Commission of the European Communities and the Council of the European Union are in dispute over the choice of the correct legal basis for the conclusion of an international a...
Fecha: 10-May-2005
(Failure of a Member State to fulfil obligations – Article258 TFEU – Article56 EC – Article40 of the EEA Agreement – Free movement of capital – Preferential income tax treatment for gifts to institutions with educational, research and teaching tasks – Restriction of preferential provision to gifts to national institutions – Objective comparability ...
Fecha: 03-May-2005
(Reference for a preliminary ruling from the Rechtbank Amsterdam (Netherlands)) (Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Grounds for optional non-execution of a European arrest warrant – Concepts of ‘staying’ and of ‘resident’ in the executing Member State – Different treatment of nationals of the exe...
Fecha: 07-May-2005
(Request for a preliminary ruling from the Bundesgerichtshof) (Reference for a preliminary ruling— Unfair business practices— Advertisement in a print medium— Omission of material information— Access to that information via the website by means of which the products concerned are distributed— Products sold by the person who published the advertisem...
Fecha: 24-May-2005
(Reference for a preliminary ruling from the Conseil d’État (France)) (Free movement of agricultural goods – Quantitative restrictions – Measures having equivalent effect – National legislation permitting only bulbs produced by vegetative propagation to be marketed as ‘shallots’) 1.The Conseil d’État of the French Republic (‘the referring court’) h...
Fecha: 26-May-2005
(Import and export of hazardous chemicals – Regulation (EC) No 304/2003 – Choice of legal basis – Common commercial policy, environmental policy) I–Introduction 1.In these proceedings the Commission of the European Communities is in dispute with the European Parliament and the Council of the European Union over the choice of the correct legal basis...
Fecha: 25-May-2005
Appeal – Community trade mark – Regulation (EC) No 40/94 – Community word mark – Application for declaration of invalidity – Earlier national word mark Community trade mark – Procedural provisions (Council Regulation No40/94, Arts 52 and 74(1)) (see paras 40-42) Re: Appeal lodged against the judgment of the Court of First Instance (Second Chamber) ...
Fecha: 26-May-2005
20Mr Kuipers is a dairy farmer in the Netherlands. After various deliveries to the De Kievit dairy, the latter informed him, by letters of 24 and 28 July 1995 and 8 and 15 August 1995, that, given the presence of an antibiotic in the milk delivered, it would be making a deduction from the price to be paid for those deliveries at a rate of NLG 0.50 ...
Fecha: 25-May-2005
9At the hearing, the applicant declared that it was withdrawing its head of claim that OHIM should be ordered to grant its trade mark application. 10The applicant claims that the Court should: –annul the contested decision and the decision of the Opposition Division; –order OHIM to pay the costs of the present proceedings and the costs incurred bef...
Fecha: 25-May-2005
12The applicant claims that the Court should: –annul the contested decision; –order OHIM to pay the costs. 13OHIM contends that the Court should: –dismiss the present application; –order the applicant to pay the costs. ...
Fecha: 31-May-2005
13The parties presented oral argument and answered the questions put to them by the Court at the hearing on 16 November 2004. 14The applicant claims that the Court should: –declare this action to be admissible and annul the decision of 10September 2003; –order the Office to pay the costs. 15The Office contends that the Court should: –dismiss the ac...