(Case C-373/04

Fecha: 10-Ene-2006

Appeal – Officials – Member of the auxiliary staff – Conference interpreter – Action – Request pursuant to Article 90(1) of the Staff Regulations – Measure adversely affecting a person – Definition 1.Officials of the European Communities – Action – Request within the meaning of Article 90(1) of the Staff Regulations – Definition (Staff Regulations,...

Case C-377/03

Fecha: 26-Ene-2006

(Proceedings for failure to fulfil Treaty obligations – Community own resources – Failure to discharge TIR carnets – Delay in crediting own resources to account) I–Introduction 1.In the present action for failure to fulfil Treaty obligations, the Commission seeks a declaration that –by failing properly to discharge certain transit documents (TIR ca...

Case C-410/04

Fecha: 12-Ene-2006

(Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia (Regional Administrative Court for Apulia) (Italy) (Public undertakings – National law conferring on local authorities the power to award a contract for services to a wholly publicly-owned company in the absence of a public procurement procedure) I–Introdu...

Case C-417/04

Fecha: 12-Ene-2006

(Appeal – European Regional Development Fund – Assistance towards the ‘Messina-Palermo Motorway’ major project – Closure of Community financial assistance – Direct concern such as to support an action for annulment) I–Introduction 1.In this appeal, the Regione Siciliana challenges the order of the Court of First Instance(2) dismissing as inadmissib...

Case C-459/03

Fecha: 18-Ene-2006

(Dispute between Ireland and the United Kingdom – Arbitral tribunal established under Annex VII of the 1982 United Nations Convention on the Law of the Sea – Jurisdiction of the Court of Justice – Article 292 EC – Article 193 EA – Duty of cooperation – Article 10 EC – Article 192 EA) 1.These infringement proceedings require the Court to consider fo...

Case C-466/04

Fecha: 19-Ene-2006

(Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cantabria (Spain)) (Sickness insurance–Reimbursement of travel, accommodation and subsistence costs) I–Introduction 1.In these proceedings, the Tribunal Superior de Justicia (High Court of Justice) de Cantabria, Spain, seeks a preliminary ruling on,among other things, the...

Case C-509/04

Fecha: 17-Ene-2006

(Reference for a preliminary ruling, from the Hoge Raad der Nederlanden (Netherlands)) (Directive 69/335/CEE – Indirect taxes on the raising of capital – Capital duty – Exemption) 1.The present case concerns two questions referred to the Court of Justice for a preliminary ruling under Article 234 EC by the Hoge Raad der Nederlanden (Supreme Court o...

Case C-514/04

Fecha: 19-Ene-2006

(Reference for a preliminary ruling from the Gerechtshof Amsterdam (Netherlands)) (Common Customs Code – Tariff headings – Classification in the Combined Nomenclature – Sterile flakes of polydimethylsiloxane – Silicone elastomer – Implant used to treat vesicoureteral (or vesicorenal) reflux) I–Introduction 1.Are flakes made out of a silicone elasto...

(Case C-69/05

Fecha: 12-Ene-2006

Failure of a Member State to fulfil obligations – Regulation (EC) No 659/1999 – State aid in the agricultural sector – Submission of annual reports during 2000 and 2001 – Guidelines for the assessment of State aid 1.State aid – Examination by the Commission – Guidelines adopted by the Commission and accepted by the Member States – Binding effect (A...

(Case C-90/05

Fecha: 19-Ene-2006

Failure of a Member State to fulfil obligations – Directive 79/1072/EEC – VAT – Refund – Taxable persons not established in the territory of the country 1.Acts of the institutions – Directives – Implementation by Member States – Need for clear and precise application (Art. 249, third para., EC) (see para. 10) 2.Actions for failure to fulfil obligat...

(Case C‑107/05

Fecha: 12-Ene-2006

Failure of a Member State to fulfil obligations – Directive 2003/87/EC – Failure to transpose within the period prescribed Member States – Obligations – Implementation of directives – Failure to fuflil obligations not contested (Art. 226 EC) (see para. 5) Re: Failure of a Member State to fulfil obligations – Failure to transpose within the prescrib...

(Case C‑139/04

Fecha: 12-Ene-2006

Failure of a Member State to fulfil obligations – Ambient air quality – Limit values Action 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. 13) Re: Failure of a Member State to fulfil oblig...

Case C‑145/05

Fecha: 17-Ene-2006

(Reference for a preliminary ruling from the Cour de cassation, Belgium) (Trade mark – Sign used for identical or similar goods – Likelihood of confusion – Appreciation) I–Introduction 1.The most significant difference between the protection afforded by trade mark law and that provided by the other intellectual and industrial property rights in all...

(Case C‑162/05

Fecha: 12-Ene-2006

Appeal – EAGGF – Financial participation in a demonstration project concerning the introduction of new cultivation techniques in sumac production – Withdrawal of financial aid). 1.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Failure to specify the error of law relied on – Inadmissib...

(Case C‑188/06

Fecha: 31-Ene-2006

Appeals – Concentrations between undertakings – Electricity distribution market – Decisions to initiate and close proceedings 1.Appeals – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 28) 2.Ap...

Case C‑378/03

Fecha: 26-Ene-2006

(Failure of a Member State to fulfil obligations – Communities’ own resources – Customs duty debt payable in instalments by reason of a compromise agreement – Recovery – Entry) I–Introduction 1.With this action for failure to fulfil obligations the Commission is applying for a declaration that, by making late payments of own resources following pay...

Case C‑526/17

Fecha: 08-Ene-2006

3.Article 1(2) of Directive 2004/18 defines ‘public works contracts’ as ‘public contracts having as their object either the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex I[(3)] or a work, or the realisation, by whatever means, of a work corresponding to the requirements specified ...

(Case C‑85/05

Fecha: 12-Ene-2006

Failure of a Member State to fulfil obligations – Directive 2000/60/EC – Community action in the field of water policy – Failure to transpose 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 the period laid down in the reas...

(Case T-107/03

Fecha: 18-Ene-2006

Integrated Mediterranean Programme (IMP) for the Marche Region (Italy) – Ending of financial assistance – Ineligible expenditure – Action for annulment – Absence of legal basis – Legitimate expectation – Failure to state grounds 1.Economic and social cohesion – Structural assistance – Integrated Mediterranean Programmes (Council Regulation No 2088/...

(Case T-177/05

Fecha: 09-Ene-2006

Procedural issues – Objection of inadmissibility – Act not producing binding legal effects – European Communities’ own resources – Infringement proceedings – Interest for delayed entry provided for in Article 11 of Regulation (EC, Euratom) No1150/2000 – Negotiation of an agreement on conditional payment 1.Actions for annulment – Actionable measures...