(Case C-367/04

Fecha: 21-Feb-2006

Appeal – Aid granted by the Italian authorities to Poste Italiane) 1.Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Arts 87(1) EC, 88(2) EC, and 230, fourth para., EC) (see paras 37-38, 40-42, 50-51) 2.Appeals – Grounds – Review by the Court of the assessment of the evidence – Possible only whe...

Case C-374/04

Fecha: 23-Feb-2006

(Reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division) Interpretation of Articles 43 and 56 EC – National legislation on corporation tax – Retention at source (‘advance corporation tax’) from the profits distributed by a subsidiary to a parent company – Tax credit designed to take account of a re...

Case C-399/03

Fecha: 09-Feb-2006

(See Joined Cases C-182/03 and C-217/03 [2006] ECR I-5479, p. I-5485) 1 – Original language: French. ...

Case C-432/04

Fecha: 23-Feb-2006

(Action under the third subparagraph of Article 213(2) EC and the third paragraph of Article 126(2) EA – Forfeiture of pension rights of a former Member of the Commission – Breach of the obligations arising from the office of Member of the Commission) I–Introduction 1.In this application, the Commission requests the Court to find that in recruiting...

Case C-494/04

Fecha: 16-Feb-2006

(Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) (VAT – Products subject to excise duty – Tobacco product tax stamps that go missing prior to use) 1.In this reference for a preliminary ruling the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) refers to the Court of Justice questions concerning the ...

Case C-50/05

Fecha: 16-Feb-2006

(Reference for a preliminary ruling from the Korkein hallinto‑oikeus (Supreme Administrative Court) (Finland)) (Social security for migrant workers – Sickness and maternity benefits – Calculation of sickness insurance contributions payable by pensioners under the legislation of two Member States) 1.Where a pensioner is in receipt of pensions drawn ...

(Case C-546/03

Fecha: 23-Feb-2006

Failure of a Member State to fulfil obligations – Communities’ own resources – Community Customs Code – Procedures for collecting import or export duties – Late payment of own resources relating to those duties and failure to pay default interest Communities’ own resources – Establishment and making available by Member States (Council Regulations N...

Case C-60/05

Fecha: 16-Feb-2006

(Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia (Italy)) (Conservation of wild birds–Protected species–Birds of the finch and brambling species) I–Introduction 1.The questions referred by the Tribunale amministrativo regionale per la Lombardia (Regional Administrative Court, Lombardy) concern Article...

Case C-84/04

Fecha: 14-Feb-2006

(Failure to fulfil obligations – EAGGF, Guidance Section – Rule of payment in full of Community contributions – Payment of a remuneratory fee to the national authority in procedures for granting aid) I–Introduction 1.The Commission has brought an action pursuant to Article 226 EC for a declaration from the Court of Justice that, by requiring the be...

Case C-94/04

Fecha: 01-Feb-2006

(Reference for a preliminary ruling from the Tribunale di Roma (Italy)) (Article 81 EC – State measures – National rules concerning lawyers’ fees – Fixing professional rates of charges – Freedom to provide services) 1.In Arduino(2) the Court examined the Italian legislation concerning the fixing of lawyers’ fees in the light of Articles 10 EC and 8...

Case C-95/04

Fecha: 23-Feb-2006

(Appeals – Abuse of a dominant position (Article 82 EC) – British Airways – Agreements with travel agents – Commission and other benefits dependent upon turnover in British Airways tickets) I–Introduction 1.This case originates with a competition proceeding of the Commission concerning certain commissions and benefits which the British airline Brit...

(Case C‑133/05

Fecha: 23-Feb-2006

Failure of a Member State to fulfil obligations – Directive 2000/78/EC – Equal treatment in employment and occupation – 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 reaso...

(Case C‑196/06

Fecha: 07-Feb-2006

Appeal – Community trade mark – Regulation (EC) No 40/94 − Article 8(1)(b) − Application for registration of a figurative mark – Opposition of the proprietor of an earlier national figurative mark – Likelihood of confusion − None – No similarity between the goods and services covered by the conflicting trade marks 1.Community trade mark – Definitio...

(Case C‑261/05

Fecha: 09-Feb-2006

Article 104(3), first subparagraph, of the Rules of Procedure – Accession to the European Union – Sixth Directive 77/388/EEC – Application ratione temporis – Article 33 – Local tax on economic operations – Lack of jurisdiction of the Court 1.Preliminary rulings – Answer capable of being clearly deduced from existing case-law – Application of Articl...

(Case C‑43/05

Fecha: 23-Feb-2006

Failure of a Member State to fulfil obligations – Directive 2000/78/EC – Equal treatment in employment and occupation – 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 reaso...

(Case C‑455/04

Fecha: 23-Feb-2006

Failure of a Member State to fulfil obligations – Directive 2001/55/EC – Asylum policy – Mass influx of displaced persons – Temporary protection – Minimum standards – Failure to transpose the directive within the prescribed period Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into considerati...

(Case C‑46/05

Fecha: 23-Feb-2006

Failure of a Member State to fulfil obligations – Directive 2000/79/EC– Working conditions – Organisation of working time – Mobile workers in civil aviation – 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 expi...

(Case T-202/03

Fecha: 07-Feb-2006

Community trade mark – Opposition proceedings – Application for the figurative Community trade mark COMP USA – Earlier national figurative mark COMP USA – Lack of similarity of the goods and services – Rejection of the opposition – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade m...

(Case T-206/04

Fecha: 01-Feb-2006

Community trade mark – Opposition proceedings – Figurative mark containing the word element ‘PERFIX’ – Earlier Community figurative trade mark containing the word element ‘cerfix’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community t...

(Case T-338/04

Fecha: 16-Feb-2006

Article 86(3) EC – Rejection of complaint – Action for annulment – Plea of inadmissibility Applications for interim measures – Actionable measures (Art. 86(1) and (3) EC) (see paras 36-38) Re: APPLICATION for annulment of the Commission’s letter of 4 June 2004 [D (2004) 471] in so far as it rejects the applicant’s complaint that the Italian Republi...