Case C-140/05

Fecha: 31-Dic-2007

(Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Klagenfurt) (Act of Accession to the European Union – Transitional measures – Annex XIII – Taxation – Cigarettes imported from Slovenia – Import into Austria in travellers’ personal luggage – Exemption from excise duty limited to certain quantities – Possibility of m...

Case C-437/06

Fecha: 11-Dic-2007

(Reference for a preliminary ruling from the Niedersächsisches Finanzgericht (Germany)) (Taxation – VAT – Council Directive 77/388/EEC – Deduction of input tax – Expenditure connected with the issue of shares and atypical silent partnerships – Apportionment of the input tax between economic and non-economic activity) 1.In this reference for a preli...

Case C-439/06

Fecha: 13-Dic-2007

(Reference for a preliminary ruling from the Oberlandesgericht Dresden (Germany)) (Common rules for the internal market in electricity – Free access by third parties to electricity transmission and distribution systems – Concept of ‘distribution system’) 1.The present reference is the first that concerns the interpretation of Directive 2003/54/EC o...

Case C-446/06

Fecha: 06-Dic-2007

(Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands)) (Beef and veal – Regulation (EC) No 1254/1999 – Common organisation of the markets – National legislation making the grant of a suckler cow premium subject to two conditions, relating to the frequency of calving and the length of suckling – Concept...

Case C-59/06

Fecha: 06-Dic-2007

Officials – Principles– Rights of the defence– Scope–Obligation to hear the person concerned before adopting a decision involving his reassignment against his wishes – Burden of proof ...

(Case C‑106/07

Fecha: 06-Dic-2007

Failure of a Member State to fulfil obligations – Directive 2000/59/EC – Port reception facilities for ship-generated waste and cargo residues – Failure to develop and implement waste reception and handling plans for all ports Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration –...

(Case C‑184/06

Fecha: 13-Dic-2007

Fisheries – Regulation (EC) No 51/2006 – Allocation of catch quotas among Member States – Act of Accession of the Kingdom of Spain – End of the transitional period – Requirement of relative stability – Principle of non-discrimination – New fishing opportunities 1.Community law – Principles – Equal treatment – Discrimination on grounds of nationalit...

Case C‑244/07

Fecha: 13-Dic-2007

Failure of a Member State to fulfil obligations – Directive 2004/50/EC – Interoperability of the trans-European high-speed rail system and of the trans-European conventional rail system – Failure to transpose within the prescribed period 1.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into co...

(Case C‑257/07

Fecha: 18-Dic-2007

Failure of a Member State to fulfil its obligations – Directive 2004/17/EC – Coordination of the procurement procedures of entities operating in the water, energy, transport and postal services sectors – Failure to transpose within the period prescribed Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be...

(Case C‑258/07

Fecha: 06-Dic-2007

Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Procedures for the award of public works contracts, public supply contracts and public service contracts – Non-transposition within the prescribed period Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration –...

Case C‑265/06

Fecha: 13-Dic-2007

(Failure of a Member State to fulfil obligations – Article226 EC – Free movement of goods – Measures having equivalent effect – Infringement of Articles28 EC and 30 EC and of Articles11 and 13 of the EEA Agreement – National legislation which prohibits the affixing of tinted film to the windows of passenger or goods vehicles – Restriction on ground...

(Case C‑269/06

Fecha: 11-Dic-2007

Actions for annulment – Referral to the Court of First Instance Procedure – Allocation of jurisdiction between the Court of Justice and the Court of First Instance (Arts 225(1), first indent, EC and 230 EC; Statute of the Court of Justice, Arts 51 and 54, second indent) (see paras 2-7) Re: Annulment of the decision of the Translation Centre for the...

(Case C‑280/05

Fecha: 06-Dic-2007

Failure of a Member State to fulfil obligations – State aid – Incompatibility with the common market – Duty to recover – Non-fulfilment 1.Actions for failure to fulfil obligations – Non-compliance with a Commission decision concerning State aid – Defences (Art. 10 EC and 88(2) EC) (see paras 19-20, 25) 2.State aid – Recovery of unlawful aid (Art. 8...

(Case C‑284/07

Fecha: 18-Dic-2007

Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedures for the award of contracts – 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 dow...

(Case C‑294/07

Fecha: 13-Dic-2007

Failure of a Member State to fulfil obligations – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Failure to transpose into national law within the prescribed period 1.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken i...

Case C‑309/06

Fecha: 13-Dic-2007

(Reference for a preliminary ruling from the House of Lords (United Kingdom)) (Value added tax – Derogation under Article28 of Directive 77/388 – Principle of neutrality – Principle of equal treatment – Right to obtain a refund of the tax in the event of incorrect interpretation of domestic provisions by the tax authorities – Unjust enrichment) I–I...

Case C‑413/06

Fecha: 13-Dic-2007

(Appeal – Competition – Control of concentrations between undertakings – Joint venture between Sony and Bertelsmann (‘Sony BMG’) – Markets for recorded music, on-line music, and music publishing – Collective dominant position –Commission clearance decision – Extent of investigation – Requirements for evidence – Duty to state reasons – Use of confid...

(Case C‑481/06

Fecha: 18-Dic-2007

Failure of a Member State to fulfil obligations – Public procurement – Infringement of Article 6(3) of Directive 93/36/EC – General principles of the Treaty – Principle of equal treatment and obligation of transparency – National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment Actions...

(Case C‑505/06

Fecha: 07-Dic-2007

First paragraph of Article 104(3) of the Rules of Procedure – Community Customs Code – Inward processing – Association Agreement – Prior export of rice to a non‑member country bound by a preferential customs agreement – Article 216 of the Customs Code Customs union – Customs debt arising where preferential tariff treatment obtained in a non-member ...

(Case C‑528/06

Fecha: 13-Dic-2007

Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Failure to transpose into national law within the prescribed period 1.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 i...