(Case C-198/05

Fecha: 26-Oct-2006

Failure to fulfil obligations – Directive 92/100/EEC – Rights related to copyright in the field of intellectual property – Public lending right – Failure to transpose within the period prescribed 1.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the p...

(Case C-226/05

Fecha: 05-Oct-2006

Failure of a Member State to fulfil obligations – Directive 96/82/EC – Major-accident hazards involving dangerous substances – Failure to transpose within the period prescribed Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in th...

Case C-246/05

Fecha: 26-Oct-2006

(Reference for a preliminary ruling from the Oberster Patent- und Markensenat, Austria) (Trade mark law – Non-use of a mark – Obstacles to the opening of supermarkets in national territory for reasons outside the control of the undertaking – Meaning of ‘date of the completion of the registration procedure’) I–Introduction 1.The Oberster Patent- und...

Case C-29/05

Fecha: 26-Oct-2006

3.The legislative framework in which the opposition and appeal procedures are situated comprises Council Regulation (EC) No 40/94(3) (also referred to as ‘the Trade Mark Regulation’ or ‘the CTMR’) and Commission Regulation (EC) No 2868/95(4) (also referred to as ‘the Implementing Regulation’). The Trade Mark Regulation 4.Under Article 8 of the Trad...

Case C-292/04

Fecha: 05-Oct-2006

(Reference for a preliminary ruling from the Finanzgericht Köln (Germany)) (Restriction on the free movement of capital – Income tax – Tax credit for dividends paid by companies established in Germany – Temporal effects of a judgment of the Court – Conditions for limitation) I–Introduction 1.By its order for reference received at the Court Registry...

Case C-354/04

Fecha: 26-Oct-2006

(European Union – Police and judicial cooperation in criminal matters – Measures to combat terrorism – Common Position 2001/931/CFSP – Measures relating to persons, groups and entities involved in terrorist acts – Action for damages – Jurisdiction of the Community court) 1.By orders of 7June 2004 made in Case T‑333/02 Gestoras Pro Amnistía and Othe...

Case C-355/04

Fecha: 26-Oct-2006

(See Case C-354/04 P [2007] ECR I‑1579, I-1583) 1 – Original language: Italian. ...

Case C-356/05

Fecha: 05-Oct-2006

(Reference for a preliminary ruling from the High Court of Ireland (Ireland)) (Insurance against civil liability – Compulsory insurance of motor vehicles – Passengers in a vehicle) I–Introduction 1.In these preliminary ruling proceedings the Court is led to answer the question whether, in relation to compulsory insurance against civil liability in ...

Case C-359/05

Fecha: 26-Oct-2006

(Reference for a preliminary ruling from the Tribunal de grande instance de Brive‑la‑Gaillarde (France)) (Provisions relating to the introduction of the euro – National rules which rounded the amount of the tax for the supplementary budget for agricultural social benefits after it had been converted into euros) 1.By this reference for a preliminary...

(Case C-360/05

Fecha: 05-Oct-2006

Failure of a Member State to fulfil obligations – Directive 2003/96/EC – Taxation of energy products and electricity – Failure to transpose within the period prescribed Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reason...

(Case C-365/05

Fecha: 05-Oct-2006

Appeal – Officials – Duty to provide assistance – Rejection of request for financial assistance in defamation proceedings brought before the United Kingdom courts Appeal – Grounds – Clearly inadmissible or clearly unfounded pleas (Rules of Procedure of the Court, Art. 119; Staff Regulations, Art. 24) (see paras 61, 68, 78-82) Re: Appeal against the...

Case C-370/05

Fecha: 03-Oct-2006

(Reference for a preliminary ruling from the Vestre Landsret (Denmark)) (Free movement of capital – Acquisition of agricultural property – Residence requirement) I–Introduction 1.By means of the two questions referred by its order of 5 October 2005 the Danish Vestre Landsret (Western Regional Court) essentially wishes to ascertain whether it is com...

Case C-391/04

Fecha: 26-Oct-2006

(Reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) (Insider dealing – Directive 89/592/EEC – Transcactions in securities quoted on the stock exchange – Meaning of ‘inside information’ and ‘taking advantage of inside information’) I–Introduction 1.In these proceedings, the Court has been asked by the Simvoulio tis Epikra...

Case C-412/05

Fecha: 26-Oct-2006

(Appeal – Community trade mark – Word mark ‘TRAVATAN’ – Opposition of the proprietor of the mark ‘TRIVASTAN’ – Refusal of registration – New plea – Medicinal products) I–Introduction 1.The present case concerns the question whether two trade marks in respect of medicinal products, the word mark TRAVATAN and the earlier Italian word mark TRIVASTAN, ...

(Case C-436/05

Fecha: 06-Oct-2006

Preliminary references – Inadmissibility Preliminary rulings – Whether admissible – Questions referred without sufficient explanation of the factual and legislative context – Questions referred in a context making a useful answer impossible (Art. 234 EC) (see paras 7-11) Re: Reference for a preliminary ruling – Hof van beroep te Antwerpen – Interpr...

Case C-441/05

Fecha: 26-Oct-2006

(Reference for a preliminary ruling from the Cour administrative d’appel de Douai (France)) (Entitlement of individuals to rely on the unlawfulness of Community regulations before national courts – Good reason to doubt the admissibility of actions brought by individuals for the annulment of such regulations (Article 230(4) EC) – Common organisation...

Case C-522/04

Fecha: 03-Oct-2006

(Failure of a Member State to fulfil obligations – Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement – Articles 5(1) and 53(2) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ 2002 L 345, p. 1) – Tax legislation which in particula...

(Case C-77/06

Fecha: 26-Oct-2006

Failure of a Member State to fulfil obligations – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Failure to implement within the prescribed period Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of t...

(Case C-94/06

Fecha: 26-Oct-2006

Failure of a Member State to fulfil obligations – Failure to transpose – Directive 2002/49/EC Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 6) Re: Failure of a Member State to ful...

Case C‑109/08

Fecha: 02-Oct-2006

(Failure of a Member State to fulfil obligations – Judgment of the Court finding that the Hellenic Republic failed to comply with Articles 28 EC, 43 EC and 49 EC and Article 8 of Directive 93/34/EC – Non‑implementation – Article 228 EC – Pecuniary penalties) 1.The present application has been brought by the Commission of the European Communities ag...