Tribunal de Justicia de la Unión Europea

Fecha: 12-Dic-2006

12The applicant claims that the Court should: –annul Articles 3 and 4 of the Directive; –order the defendants to pay the costs. 13The Parliament and the Council contend that the Court should: –dismiss the action; –order the applicant to pay the costs. 14The Parliament contends in the alternative that, were the Court to intend to annul the Directive...

Fecha: 07-Jun-2006

Background to the dispute 12The applicants, Österreichische Postsparkasse AG (Case T‑213/01) and Bank für Arbeit und Wirtschaft AG (BAWAG, Case T-214/01), are Austrian credit institutions. 13On 6 May 1997 the Commission became aware of a document entitled ‘Lombard 8.5’ and, in the light of that document, commenced upon its own initiative an infring...

Fecha: 10-Ene-2006

17Following signature of the Convention on behalf of the Community on 11 September 1998 in Rotterdam (Netherlands), on 24 January 2002 the Commission submitted a proposal for a Council decision approving the Convention on behalf of the Community (OJ 2002 C 126 E, p.274) and indicating, pursuant to Article 25(3) of the Convention, the extent of the ...

Fecha: 19-Sep-2006

17By application lodged at the Registry of the Court on 21March 2005, the applicants brought the present action. 18By separate document lodged at the Registry of the Court on 25July 2005, the defendant raised an objection of inadmissibility pursuant to Article 114 of the Rules of Procedure of the Court of First Instance. The applicants lodged their...

Fecha: 02-May-2006

10The Commission of the European Communities submitted its initial proposal for an SCE to the Council of the European Union on 6 March 1992 (OJ 1992 C 99, p.14). That proposal was based on Article 100a of the EC Treaty (now, after amendment, Article 95 EC). 11Following the amendments to the Treaties made by the Maastricht Treaty and the Amsterdam T...

Fecha: 10-Ene-2006

25The Commission claims that the Court should: –annul the contested regulation; –declare that the effects of the regulation must be maintained until the Council adopts a new regulation; and –order the Parliament and the Council to pay the costs. 26The Parliament and the Council contend that the Court should dismiss the action as unfounded and order...

Fecha: 06-Sep-2006

Community law 2Article 87(1) EC states: ‘Save 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, insofar as it affects trade between Member States, be i...

Fecha: 07-Sep-2006

17The Spanish Government claims that the Court should: –annul Chapter 10a of Title IV of Regulation No 1782/2003 as amended; –order the Council to pay the costs. 18The Council asks the Court to dismiss the action as unfounded and order the applicant to pay the costs. 19The Commission, which was given leave to intervene in support of the form of ord...

Fecha: 23-Mar-2006

8Honyvem resolvió, con efecto a 30 de junio de 1998, el contrato celebrado con la Sra. De Zotti. Con arreglo a su cláusula 10, el citado contrato «estará regulado por las disposiciones del Código Civil, las leyes especiales relativas al mandato de agente comercial y por los convenios colectivos en el sector comercial [...]». 9Estimando que el cálcu...

Fecha: 15-Jun-2006

16La administración neerlandesa fue informada de una sospecha de fiebre aftosa en la explotación Teunissen, situada a menos de dos kilómetros de las explotaciones de los demandantes en el litigio principal, a raíz de lo cual un equipo de especialistas del Rijksdienst voor de keuring van Vee en Vlees (Servicio nacional de inspección del ganado y de ...

Fecha: 15-Jun-2006

16The Netherlands authorities were informed of a suspicion of foot-and-mouth disease in the Teunissen holding, which is situated less than two kilometres from the holdings of the claimants in the main proceedings, and on 20 and 22 March 2001 a team of specialists from the Rijksdienst voor de keuring van Vee en Vlees (national cattle and meat inspec...

Fecha: 22-Jun-2006

5On 30 March 1998 the appellant filed an application with OHIM under Regulation No 40/94 for registration as a Community trade mark of a figurative mark which is a two-dimensional representation in perspective of a sweet in a gold-coloured wrapper with twisted ends, reproduced below: 6The products in respect of which registration was sought are ‘sw...

Fecha: 12-Ene-2006

3On 8 July 1997 the appellant filed eight applications for registration of three‑dimensional Community trade marks at OHIM under Regulation No 40/94. 4Those marks consist of shapes of various stand-up pouches for packaging drinks. The pouches have a convex form, are wider at the bottom and, viewed straight on, look, depending on the application con...

Fecha: 29-Jun-2006

3On 4 November 1997, Creative Technology submitted an application to OHIM for registration of a Community trade mark for the word mark ‘PC WORKS’. 4The goods in respect of which registration was sought are in Class 9 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks...

Fecha: 11-May-2006

6On 1 April 1996, the appellant applied to OHIM for registration of the word mark VITAFRUIT as a Community trade mark, pursuant to Regulation No 40/94. 7The goods in respect of which registration was sought are in Classes 5, 29 and 32 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Reg...

Fecha: 19-Ene-2006

6The facts of the dispute, as they appear from paragraphs7 to 30 of the judgment under appeal, may be summarised as follows. 7In June 1993 CMV sent the Commission an application for Community assistance for the project. 8The overall objective of the project was to set up and carry out a pilot demonstration of two forestry, agricultural and food pro...

Fecha: 09-Nov-2006

9Mr De Bry, a Grade A5 official assigned to the Commission’s Secretariat General, was the subject of a CDR dated 18 February 2003 in respect of the period from 1 July 2001 to 31 December 2002. 10In accordance with the GIP 43 decision, he requested a review of his appraisal. On 19 March 2003 the countersigning officer made some amendments to the des...

Fecha: 06-Abr-2006

16By the contested decision, the Commission imposed on the applicants a fine of EUR 43 million for infringement of Article 81(1) EC. In that decision, it concluded that Opel Nederland had entered into agreements with Opel dealers in the Netherlands aimed at restricting or prohibiting export sales of Opel vehicles to end users resident in other Memb...

Fecha: 18-Jul-2006

7The Court of First Instance described the background to the case as follows: ‘1On 1 June 1998, [Sissi Rossi Srl (“Sissi Rossi”)] filed with [OHIM] an application for a Community trade mark under [Regulation No 40/94]. 2The mark in respect of which registration was sought is the word mark SISSI ROSSI. 3The goods in respect of which registration was...

Fecha: 04-Abr-2006

18On 8 July 1993 Vischim Srl, an Italian company which produces chlorothalonil, notified the Commission that it wished to secure the inclusion of that substance in Annex I to Directive 91/414, and for that purpose submitted the dossiers provided for in Article 6(2) and (3) of Regulation No3600/92 to the Rapporteur. The version of the active substan...