Tipo de documentos
Año
Fecha: 02-May-2006
First subparagraph of Article 104(3) of the Rules of Procedure – Free movement of persons and services – Workers – Motor vehicle – Provided to worker by employer – Vehicle registered abroad – Employer established in another Member State Freedom of movement for persons – Freedom of establishment – Restrictions (Art. 43 EC) (see paras 15-20 and opera...
Fecha: 11-May-2006
(Reference for a preliminary ruling from the Verwaltungsgerichtshof) (Sugar – Temporary scheme for the restructuring of the sugar industry in the European Community – Regulation (EC) No 320/2006 – Article 11 – Revenue surplus in the restructuring fund – Assignment to the EAGF – Principle of conferral and principle of proportionality – Obligation to...
Fecha: 18-May-2006
EC Treaty 4.Pursuant to Article 249 EC a directive ‘shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods’. 5.Article 174(1) EC confers on the Community powers to adopt a Community policy on the environment which is to contribute...
Fecha: 17-May-2006
Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law pleaded not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1), first para., (c)) ...
Fecha: 11-May-2006
(Reference for a preliminary ruling from the Verwaltungsgerichtshof) (Sugar – Temporary scheme for the restructuring of the sugar industry – Article 11 of Regulation (EC) No 320/2006 – Calculation of the temporary restructuring amount – Inclusion of the part of the quota subject to a preventive withdrawal – Principles of proportionality and non-dis...
Fecha: 18-May-2006
Failure of a Member State to fulfil obligations – Directive 2001/37/EC – Manufacture, presentation and sale of tobacco products – Prohibition on placing on the tobacco market for oral use – Failure to transpose within the prescribed period Member States – Obligations – Implemention of directives – Failure to fulfil obligations not contested (Art. 2...
Fecha: 31-May-2006
(Reference for a preliminary ruling from the Finanzgericht Köln (Germany)) (Tax legislation – Corporation tax – Offsetting of losses by parent companies – Losses due to a fall in the value of shares held in subsidiaries established in other Member States) 1.Cases relating to national systems of taxation in respect of losses and expenditure of compa...
Fecha: 18-May-2006
Failure of a Member State to fulfil obligations – Directive 2003/55/EC – Internal market in natural gas 1.Acts of the institutions – Directives – Implementation by the Member States (Art. 249, third para., EC) (see para. 6) 2.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – ...
Fecha: 13-May-2006
(Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)) (Sixth VAT Directive – Exemptions – Article 13A(1)(a) – Services supplied by the public postal services) Summary of the Judgment 1.Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value ad...
Fecha: 04-May-2006
5.The Copyright Directive was adopted on the basis of Articles 47(2), 55 and 95 EC. 6.Article 47(2) empowers the Council to issue directives for the coordination of national provisions concerning the taking-up and pursuit of activities as self-employed persons. Article 55 applies Articles 45 to 48 in the field of services. Article 95 empowers the C...
Fecha: 30-May-2006
(Action for failure to fulfil obligations – Italian Republic – Protection of the environment – Environmental impact assessment – Directive 85/337/EEC – Waste – Directive 75/442/EEC – Recovery installations – Authorisation – Simplified procedure – Plant for the production of electricity by the incineration of combustible materials derived from waste...
Fecha: 11-May-2006
… Article 6 (1)In order to be registered in the Bar Register [of an Ordre des avocats (Bar Association) established in the Grand Duchy of Luxembourg] a person must: (a)satisfy the requirement of good character; (b)prove that he fulfils the requirements for admission to a traineeship. By way of exception the Bar Council (Conseil de l’Ordre) may exem...
Fecha: 16-May-2006
(Appeal – Admissibility of new arguments – Remission of an import levy – Sugar – Regulation (EEC) No 1430/79 – Equity) I–Introductory comments 1.The present appeal proceedings essentially concern the question whether the charge on non-exported C sugar is to be regarded as an import or export levy within the meaning of customs legislation.(2) On 2 M...
Fecha: 04-May-2006
(Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Auβenstelle Klagenfurt (Austria)) (Accession of new Member States – Cigarettes imported from Slovenia – Quantitative limits – Transitional provision) 1.By this reference for a preliminary ruling, the Unabhängiger Finanzsenat, Auβenstelle Klagenfurt (Independent Finance Tribunal,...
Fecha: 18-May-2006
(Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) (Equal pay for male and female workers – Use of length of service as a criterion in a pay system – Indirect discrimination) 1.This reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) concerns the developmen...
Fecha: 18-May-2006
(Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen (Germany)) (Additional levy on milk – Reference quantity – Conditions of transfer– Rural lease brought to an end – Landlord does not have the status of producer – Lease voluntarily brought to an end by the tenant) I–Introduction 1.In these proceedings for a preliminary ruli...
Fecha: 20-May-2006
(Reference for a preliminary rulingfrom the Raad van State) (Area of freedom, security and justice − Regulation (EC) No562/2006— Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)— Articles20 and 21— Abolition of border control at internal borders— Checks within the territory − Measures having an eq...
Fecha: 03-May-2006
(Request for a preliminary ruling from the Högsta domstolen) (Reference for a preliminary ruling— Approximation of laws— Copyright and related rights— Directive2001/29/EC— Information society— Harmonisation of certain aspects of copyright and related rights— Article3(2)— Direct broadcast of a sporting fixture on an internet site) Summary— Judgment ...
Fecha: 10-May-2006
Appeals – Community project for a satellite navigation system (GALILEO) – Harm suffered by the proprietors of trade marks and business names containing the word Galileo – Appeal partly manifestly admissible and partly manifestly unfounded 1.Approximation of laws – Trade marks – Interpretation of Regulation No 40/94 and Directive 89/104 – Right of t...
Fecha: 02-May-2006
(Request for a preliminary ruling from the Equality Tribunal) (Reference for a preliminary ruling— Social policy— Directive 2006/54/EC— Equal treatment of male and female workers— Commissioning mother who has had a baby through a surrogacy arrangement— Refusal to grant her paid leave equivalent to maternity leave or adoptive leave— United Nations C...