Tipo de documentos
Año
Fecha: 07-Jun-2005
(Competition – Prohibition of restrictive agreements – Lysine – Fines – Guidelines for the calculation of fines – Equal treatment – Proportionality – Non-retroactivity – Principle of non bis in idem) 1.The subject of these proceedings is the appeal lodged by Archer Daniels Midland Company (‘ADM Company’) and Archer Daniels Midland Ingredients Ltd (...
Fecha: 02-Jun-2005
A–Community law 1.Directive 64/221/EEC ‘Article 3 1. Measures taken on grounds of public policy or of public security shall be based exclusively on the personal conduct of the individual concerned. 2. Previous criminal convictions shall not in themselves constitute grounds for the taking of such measures. …’ ‘Article 9 1. Where there is no right of...
Fecha: 28-Jun-2005
(Reference for a preliminary ruling from the Hoge Raad (Netherlands)) (Judicial cooperation in civil matters – Transmission and service of judicial and extrajudicial documents in civil or commercial matters – Regulation (EC) No1348/2000 – Right to refuse to accept a document due to the absence of a translation – Legal consequences of a legitimate e...
Fecha: 28-Jun-2005
(Reference for a preliminary ruling from the Corte d’Appello, Milan (Italy)) (Article 43 EC – Right of establishment – Articles 82 EC and 86 EC – Free competition – Abuse of dominant position – Article 87 EC – State aid – National rules granting certain organisations exclusive power to provide specified types of tax advice and assistance to employe...
Fecha: 30-Jun-2005
(Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands)) (Article 234 EC – Validity of a Community provision – Obligation to seek a preliminary ruling – Conditions) I–Introduction 1.Following the judgment in Foto-Frost,(2) all the courts of the Member States are required to seek a preliminary ruling from...
Fecha: 16-Jun-2005
((Reference for a preliminary ruling from the Landgericht Baden‑Baden (Germany)) (Interpretation of Article10(c) of Council Directive 69/335/EEC of 17July 1969 concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10June 1985 ─Increase in the capital of a private limited company by means of a contributio...
Fecha: 30-Jun-2005
(Reference for a preliminary ruling from the Gerechtshof te ’s‑Hertogenbosch (Netherlands)) (Tax legislation – Inheritance tax – National of a Member State living in a third country at the time of death – Law of a Member State under which, for the purposes of taxation on inheritance, a national of that state is deemed to be still living there at th...
Fecha: 02-Jun-2005
Community legislation 2.Directive 93/36 coordinates procedures for the award of public supply contracts, and Directive 92/50(3) coordinates procedures for the award of public service contracts, by State, regional or local authorities, bodies governed by public law, associations formed by one or several of such authorities or bodies governed by publ...
Fecha: 02-Jun-2005
(Regulation (EC) No 1798/2003 – Directive 2003/93/EC – Choice of legal basis – Concept of ‘fiscal provisions’) I–Introduction 1.By this application for annulment the Commission is challenging the fact that the Council did not base the following legislation on Article 95 EC, as proposed by the Commission, but on Article 93 or Articles 93 and 94 EC r...
Fecha: 09-Jun-2005
(Conservation of natural habitats – Wild fauna and flora) I–Introduction 1.In these Treaty infringement proceedings, the Commission complains that the United Kingdom has failed to transpose adequately various provisions of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (‘the Habitats D...
Fecha: 30-Jun-2005
Treaty provisions cited 4.The first paragraph of Article 12 EC provides as follows: ‘Within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.’ 5.Article 17 EC provides: ‘1.Citizenship of the Union is hereby established. Every ...
Fecha: 04-Jun-2005
13.The second paragraph of Article47 of the Charter provides that ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law’. 14.Article48(2) of the Charter states that ‘respect for the rights of the defence of anyone who has been charged shall be guaranteed’....
Fecha: 09-Jun-2005
(European Regional Development Fund – Manchester/Salford/Trafford 2 programme (‘MST 2’) – Budget commitment – Time‑limit under Article 52(5) of Council Regulation (EC) No 1260/1999 – Commission’s decision to decommit) Table of contents I– Introduction II– Law III– Facts IV– Procedure V– Assessment A– Admissibility of the action under Articles 230EC...
Fecha: 16-Jun-2005
(Environment – Directive 1999/32/EC – Maximum sulphur content of heavy fuel oils – Derogation – Conditions – Procedure – Principle of proportionality) I–Introduction 1.The Greek Government claims that the Court should annul Decision 2003/3/EC (‘the contested decision’)(2) by which the Commission denied its request to use heavy fuel oils with a sulp...
Fecha: 10-Jun-2005
Community trade mark – Opposition proceedings – Application for Community work mark Terranus – Earlier Community and national figurative mark terra – Relative ground for refusal – Likelihood of confusion – Similar goods and services – Art. 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade m...
Fecha: 28-Jun-2005
9By application lodged at the Court Registry on 27 September 2004, the applicants brought the present action. 10By order of 8 December 2004 of the President of the Fifth Chamber of the Court of First Instance, the Council was granted leave to intervene in support of the forms of order sought by the defendant. The Council lodged its statement in int...
Fecha: 15-Jun-2005
14The applicant claims that the Court should: –annul the contested decision and/or alter it so that the opposition is rejected and the applicant’s application for registration is granted; –order OHIM to pay the costs. 15The defendant contends that the Court should: –dismiss the action; –order the applicant to pay the costs. 16At the hearing, the ap...
Fecha: 15-Jun-2005
14The applicant claims that the Court should: –annul the contested decision; –order OHIM to pay the costs. 15OHIM contends that the Court should: –allow the applicant’s claim for annulment of the contested decision; –order each party to bear its own costs. 16The intervener contends that the Court should: –confirm the contested decision; –dismiss th...
Fecha: 07-Jun-2005
7The applicant submits that the Court of First Instance should: –annul the contested decision; –order OHIM to pay the costs. 8OHIM contends that the Court should: –dismiss the application; –order the applicant to pay the costs. ...
Fecha: 22-Jun-2005
7The applicant claims that the Court of First Instance should: –annul the contested decision insofar as registration of the word mark PAPERLAB was refused on the basis of Article 7(1)(c) of Regulation No 40/94; –order OHIM to pay the costs. 8OHIM contends that the Court should: –dismiss the action; –order the applicant to pay the costs. ...