Tipo de documentos
Año
Fecha: 06-Dic-2007
Failure of a Member State to fulfil obligations – Directive 2003/86/EC – Right to family reunification – Non-transposition 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 in the reasoned opinion (Art...
Fecha: 06-Dic-2007
Appeal – Officials – Employment in a non-Member State – Reassignment of post and post holder – Duty to respect the rights of the defence – Scope – Burden of proof 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...
Fecha: 04-Dic-2007
Appeals – Application for interim measures – Withdrawal of authorisations for the placing of plant protection products containing malathion on the market – Admissibility – Urgency 1.Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burde...
Fecha: 18-Dic-2007
Failure of a Member State to fulfil obligations – Directive 2000/60/EC – Articles 5(1) and 15(2) – Community action in the field of water policy – River basin district – Summary report and analyses – Communication thereof – None Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration...
Fecha: 13-Dic-2007
(Reference for a preliminary ruling from the Højesteret (Denmark)) (VAT – Deductible proportion – Sale of vehicles by a leasing company on termination of leasing contracts – Notion of ‘capital goods used by the taxable person for the purposes of his business’) 1.The purpose of this reference for a preliminary ruling is to determine the right to ded...
Fecha: 13-Dic-2007
1.Officials – Reports procedure – Career development report – Drawing up – Officials with staff representation duties (Staff Regulations, AnnexII, Art.1, sixth para.) 2.Officials – Reports procedure – Career development report – Drawing up 1.Although, under Article 6(3)(c) of the General Provisions for Implementing Article 43 of the Staff Regulatio...
Fecha: 13-Dic-2007
Officials – Actions – Prior administrative complaint – Time-limits (Staff Regulations, Arts 90 and 91) An official cannot, by submitting a request to the appointing authority under Article 90(1) of the Staff Regulations, revive for himself the possibility of lodging a complaint and an appeal against a decision which has become definitive upon the e...
Fecha: 14-Dic-2007
1.Procedure – Admissibility of pleadings – Assessment at the time when the pleading is submitted (Rules of Procedure of the Court of First Instance, Art. 114) 2.Officials – Actions – Action disregarding the content of an amicable settlement which had previously led to a case being withdrawn – No legal interest in bringing proceedings 1.Just as the ...
Fecha: 19-Dic-2007
Procedure – Allocation of jurisdiction among the various Community Courts (Statute of the Court of Justice, Annex I, Art. 8(3); Staff Regulations of Officials, Art.72) Where the Civil Service Tribunal is seised of a case against the refusal to grant an official the 100% reimbursement of medical expenses to which he claims he is entitled on account ...
Fecha: 14-Dic-2007
1.Procedure – Admissibility of actions – Assessment by reference to the rules in force when the application was lodged (Rules of Procedure of the Civil Service Tribunal, Art.76) 2.Officials – Actions – Time-limits – Claim for compensation addressed to an institution – Duty to act within a reasonable time (Statute of the Court of Justice, Art.46; St...
Fecha: 13-Dic-2007
1.Officials – Reports procedure – Career development report – Judicial review – Limits (Staff Regulations, Art.43) 2.Officials – Reports procedure – Career development report – Duty to state reasons – Scope (Staff Regulations, Art.43) 1.It is not for the Tribunal to substitute its assessment for that of the persons responsible for appraising the wo...
Fecha: 13-Dic-2007
1.Officials – Reports procedure – Career development report – Part played by the countersigning officer in the appraisal procedure (Staff Regulations, Art. 43) 2.Officials – Reports procedure – Career development report – Drawing up – Different reporting officers within the same assessment period (Staff Regulations, Art. 43) 3.Officials – Reports p...
Fecha: 06-Dic-2007
1.Procedure – Request complied with after action was brought – Action which has become devoid of purpose – No need to adjudicate (Staff Regulations, Arts 90 and 91) 2.Officials – Non-contractual liability of the institutions – Conditions – Unlawfulness – Injury – Causal link – Cumulative conditions 1.Since the applicant has, after bringing his acti...
Fecha: 13-Dic-2007
1.Officials – Reports procedure – Career development report (Staff Regulations, Art. 43) 2.Officials – Actions – Action for damages – Annulment of the illegal act in dispute – Whether appropriate reparation for non-material damage (Staff Regulations, Art. 91) 1.It is clear from the fourth subparagraph of Article 8(5) of the General Provisions for I...
Fecha: 11-Dic-2007
1.Procedure – Admissibility of actions – Assessment by reference to the rules in force when the application was lodged (Rules of Procedure of the Civil Service Tribunal, Art.76) 2.Officials – Actions – Prior administrative complaint – Same subject-matter and legal basis (Staff Regulations, Arts 90 and 91) 3.Officials – Pensions – Pension rights acq...
Fecha: 13-Dic-2007
1.Officials – Reports procedure – Staff report – Drawing up – Delay (Staff Regulations, Art. 43) 2.Officials – Reports procedure – Career development report – Part played by the countersigning officer in the appraisal procedure (Staff Regulations, Art. 43) 3.Officials – Reports procedure – Career development report – Composition of the Joint Evalua...
Fecha: 13-Dic-2007
1.Officials – Actions – Decision of a competition selection board – Prior administrative complaint – Optional – Submission – Consequences (Staff Regulations, Arts 90 and 91) 2.Officials – Actions – Act adversely affecting an official – Decision adopted after reconsideration of a previous decision (Staff Regulations, Arts 90(2) and 91(1)) 3.Official...
Fecha: 14-Dic-2007
1.Procedure – Admissibility of pleadings – Assessment at the time when the pleading is submitted (Rules of Procedure of the Court of First Instance, Art. 114) 2.Procedure – Objection of lis pendens 1.Just as the admissibility of an action must be judged by reference to the situation prevailing when the application was lodged, the admissibility of o...
Fecha: 11-Dic-2007
Community trade mark – Opposition proceedings – Application for figurative Community trade mark Bial – Earlier national word mark BIAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No40/94 – Proof of existence of the earlier mark – Coexistence of earlier marks – Plea amending subject-matter of the proc...
Fecha: 12-Dic-2007
Enforcement of a judgment of the Court of First Instance – Repayment of the costs of bank guarantees provided in order to defer payment of a fine imposed by the Commission and subsequently annulled by the Court of First Instance – Action for annulment and damages – Non‑contractual liability of the Community – No direct causal link between the alleg...