Tipo de documentos
Año
Fecha: 06-Abr-2006
Appeal – Intervention – Conditions – Interest in the resolution of the dispute 1.Procedure – Intervention – Conditions as to admissibility (Statute of the Court of Justice, Art. 40, para. 2) (see paras 8-9) 2.Procedure – Intervention – Persons establishing an interest (Statute of the Court of Justice, Art. 40, para. 2) (see para. 11) Re: Appeal bro...
Fecha: 06-Abr-2006
5.The first four paragraphs of Article 230 EC provide: ‘The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-à-v...
Fecha: 06-Abr-2006
(Reference for a preliminary ruling from the Nederlandse Raad van State (Netherlands)) (European Parliament – Elections – Citizens of third countries living in a European territory – Gibraltar – Citizens of a Member State living in an overseas territory associated with the Community – Aruba – Right to vote – Conditions) Table of contents I– Legal b...
Fecha: 27-Abr-2006
(Reference for a preliminary ruling from the Audiencia Provincial de Madrid (Spain)) (Directive 93/13/EEC – Consumer contracts – Arbitration clause – Unfairness – Unlawfulness – Issue not raised in arbitration proceedings – Possibility of raising the issue in an action for annulment of the award) 1.By order of 15 February 2005, the Audiencia Provin...
Fecha: 27-Abr-2006
(Reference for a preliminary ruling from the Conseil d’État (France)) (Tax legislation – Tax on distributed dividends – Exemption for distributed dividends – Possibility of crediting tax against tax due in another Member State) I–Introduction 1.By the present preliminary reference, the French Conseil d’État (Council of State) asks whether it is con...
Fecha: 27-Abr-2006
Failure of a Member State 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 prescribed period Failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of t...
Fecha: 27-Abr-2006
(Reference for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium)) (Protocol on the Privileges and Immunities of the European Communities – Duty in respect of decisions of courts and tribunals, given in all matters, ordering payment of money or liquidation of securities) I–Introduction 1.This case concerns the interpretation of a pro...
Fecha: 27-Abr-2006
(Reference for a preliminary ruling from the Tribunal des affaires de sécurité sociale de Longwy (France)) (Benefits for employed persons who were exposed to asbestos during their employment – Calculation of cash benefits – Account taken only of pay which was subject to national social security contributions – Failure to take into account pay most ...
Fecha: 06-Abr-2006
Language of the case: Italian Referring court Tribunale Amministrativo Regionale per il Piemonte Parties to the main proceedings Applicant: Prato Nevoso Termo Energy Srl Defendants: Province of Cuneo, ARPA Piemonte Questions referred Do Article6 of Directive 2008/98/EC1 and, in any case, the principle of proportionality, preclude provisions of nati...
Fecha: 06-Abr-2006
First subparagraph of Article 104(3) of the Rules of Procedure – Directive 91/439/EEC – Mutual recognition of driving licences – Confiscation of driving licence in one Member State accompanied by temporary ban on acquiring a new licence – Licence issued in another Member State after the expiry of the temporary ban – Recognition and exchange of that...
Fecha: 27-Abr-2006
Appeal – Officials – Harassment – Commission’s duty to provide assistance – Liability – Refusal by the Court of First Instance to allow the examination of witnesses – Offer of supplementary evidence which did not exist at the closing of the written procedure – Refusal to withdraw an allegedly defamatory document from the file – Obligation to provid...
Fecha: 27-Abr-2006
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article8(1)(b) – Similarity between two trade marks – Likelihood of confusion – Application for Community trade mark FLEXI AIR – Earlier word mark FLEX – Refusal to register Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposi...
Fecha: 27-Abr-2006
(Conservation of natural habitats of wild fauna and flora – ‘Castro Verde’ special protection area – Construction of a motorway – Impact on the environment – Alternatives) I–Introduction 1.The Commission accuses Portugal of infringing Article 6(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild faun...
Fecha: 27-Abr-2006
(Reference for a preliminary ruling from the Conseil d’État (France)) (Convention implementing the Schengen Agreement – Article20(1) – Aliens not subject to a visa requirement – First entry into the Schengen area – Free movement – Maximum period) 1.By an order of 9May 2005, the Conseil d’État (France) (French Council of State) referred to the Court...
Fecha: 01-Abr-2006
(Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) (Free movement of persons – Directive 2004/38/EC – Article 16 – Right of permanent residence – Periods completed before the date of transposition of that directive – Legal residence – Residence based solely on a residence permit issued pursuant to Dir...
Fecha: 06-Abr-2006
4.The development of the Court’s case-law on repackaging was examined in some detail by both Advocate General Jacobs and the Court in Boehringer I. I will not repeat that analysis. I will merely set out the following points which in my view are particularly relevant to the present case. 5.The historical roots of this case-law are of course Articles...
Fecha: 06-Abr-2006
Reference for a preliminary ruling – First subparagraph of Article 104(3) of the Rules of Procedure – Recovery of import duties – Proof of the regularity of the operation or of the place of the offence or irregularity – Consequence of the lack of notification to the principal of the period for furnishing such proof Free movement of goods – Communit...
Fecha: 06-Abr-2006
Appeal – Refusal by the Commission of the European Communities to examine a complaint against the Italian authorities – Appeal manifestly unfounded 1.Actions for annulment – Actionable measures (Arts 226 EC and 230(4) EC) (see paras 10-16, 22) 2.Procedure – Grounds of judgments – Scope (see paras 26-27) Re: Appeal brought against the order of the C...
Fecha: 06-Abr-2006
(Freedom to provide services – Operators who are not registered in Belgium – Withholding obligation – Guarantee of payment of tax debts – Joint and several liability – Compatibility) 1.Is a Member State which obliges principals and contractors which use operators in the construction sector who are not registered in Belgium to withhold 15% of the su...
Fecha: 04-Abr-2006
(Directive 64/221/EEC – Nationals of third countries married to citizens of the Union – Right of entry and residence – Restriction imposed on grounds of public policy – Schengen Information System – Alert issued for the purposes of refusing entry – Obligation to state reasons) I–Introduction 1.In these Treaty infringement proceedings the Commission...