Tipo de documentos
Año
Fecha: 19-Abr-2007
(Reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto (Portugal)) (Air transport – Access to the groundhandling market in Community airports – Directive 96/67/EC – Article 6 – Article 16(3) – Charging of a fee for access to a groundhandling assistance and supervision market) 1.This case concerns air transport, namel...
Fecha: 26-Abr-2007
(Directive 79/409/EEC – Conservation of wild birds – Irrigable area of the Segarra-Garrigues Canal (Lleida)) I–Introduction 1.The present case concerns the application of Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2) (‘the Birds Directive’) to plans to irrigate an area which hitherto has been charact...
Fecha: 20-Abr-2007
Appeal – Public contracts for services – Call for tenders relating to a multiple framework contract for the short term recruitment of experts responsible for providing technical assistance to third countries – Rejection of the appellants’ tender – Appeal manifestly unfounded European Communities’ public procurement – Tendering procedure (see paras ...
Fecha: 24-Abr-2007
(Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) (Article10 EC – Interpretation of the judgment in Kühne & Heitz – Administrative decision that has become final and is contrary to Community law as interpreted subsequently by the Court – Review and withdrawal – Conditions – Principle of legal certainty – Principle of...
Fecha: 26-Abr-2007
(Appeals – Competition – Control of concentrations between undertakings – Articles1, 2, 3 and 8 of Regulation (EEC) No4064/89 – Acquisition of CVK and its member undertakings by Haniel and Cementbouw – Authorisation subject to compliance with certain commitments – Exclusive jurisdiction of the Commission – Principle of proportionality) I–Introducti...
Fecha: 19-Abr-2007
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Treatment of urban waste water – Agglomeration of Sueca, its coastal districts and certain municipalities of La Ribera – Discharge in a sensitive area without treatment 1.Environment – Treatment of urban waste water – Directive 91/271 – Implementation ...
Fecha: 20-Abr-2007
(Reference for a preliminary ruling from the Bundesfinanzhof (Germany)) (Community Customs Code – Inward processing procedure – System of suspension – Regulation (EEC) No 2913/92 – Article 204 – Incurrence of a customs debt on importation as a result of non-fulfilment of an obligation – Failure to supply the bill of discharge within the time-limit)...
Fecha: 19-Abr-2007
Failure of a Member State to fulfil obligations – Regulation (EC) No261/2004 – Article 16(3) – Compensation and assistance to passengers – Measures necessary) 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...
Fecha: 19-Abr-2007
Failure of a Member State to fulfil obligations – Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in no...
Fecha: 01-Abr-2007
Community provisions The EC Treaty 2.The relevant provisions of Article 87EC read as follows: ‘1.Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall,...
Fecha: 19-Abr-2007
Failure of a Member State to fulfil obligations – Directive 2003/9/EC – Asylum policy – Asylum seekers – Reception – Minimum standards – 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 ...
Fecha: 19-Abr-2007
(Reference for a preliminary ruling from the Finanzgericht Köln (Cologne Finance Court) (Germany)) (Sixth VAT Directive – Article 17(3) and (4) – Refund of VAT– Eighth VAT Directive – Refund of VAT to taxable persons not established inside the country – Articles 3(b) and 9, second paragraph – Annex B – Certificate of status as a taxable person – Sc...
Fecha: 20-Abr-2007
1.Procedure – Decision taken by reasoned order – Conditions (Rules of Procedure of the Court of First Instance, Art.111; Council Decision 2004/752, Art.3(4)) 2.Officials – Actions – Prior administrative complaint – Time-limits (Staff Regulations, Art.90(2)) 1.The situation of manifest inadmissibility referred to in Article 111 of the Rules of Proce...
Fecha: 25-Abr-2007
Acts of the institutions – Withdrawal – Unlawful acts – Extent in the event of a procedural defect Where the administration decides to withdraw an act because of a procedural defect in its adoption, just as where it replaces a decision annulled by the Community judicature because of a procedural defect, it has the discretion to repeat the whole of ...
Fecha: 25-Abr-2007
1.Officials – Actions – Prior administrative complaint – Time-limits (Staff Regulations, Arts25, 43 and90(2)) 2.Officials – Actions – Prior administrative complaint – Date when lodged (Staff Regulations, Art.90(2)) 1.For a decision to be duly notified, within the meaning of Article 90(2) of the Staff Regulations, it must not only have been communic...
Fecha: 25-Abr-2007
1.Officials – Actions – Prior administrative complaint – Time-limits (Staff Regulations, Arts25, 43 and90(2)) 2.Officials – Reports procedure – Career development report – Drawing up – Officials with staff representation duties (Staff Regulations, Art. 43) 3.Officials – Reports procedure – Career development report – Score not as high as previous r...
Fecha: 16-Abr-2007
Officials – Actions – Interest in bringing proceedings (Staff Regulations, Arts 90 and 91) An official is not entitled to act in the interests of the law or of the institutions and may put forward, in support of an action for the annulment of a measure, only such claims as relate to him personally. An action brought by an official seeking annulment...
Fecha: 19-Abr-2007
1.Officials – Reports procedure – Staff report – Drawing up (Staff Regulations, Arts2, first para., and 43) 2.Officials – Promotion – Criteria (Staff Regulations, Art. 45) 1.Where it has not been possible to draw up an official’s staff report under normal procedural conditions because of exceptional circumstances, such as the fact that his assessor...
Fecha: 25-Abr-2007
1.Appeals – Pleas in law – Mere repetition of the pleas and arguments raised before the Civil Service Tribunal – Inadmissibility (Art.225aEC; Statute of the Court of Justice, AnnexI, Art.11(1); Rules of Procedure of the Court of First Instance, Art.138(1), first subpara., under (c)) 2.Appeals – Pleas in law – Mistaken assessment of the facts – Inad...
Fecha: 26-Abr-2007
Officials – Actions – Interest in bringing proceedings (Staff Regulations, Arts 90 and 91) An action brought by an official seeking annulment of the list of officials promoted to the higher grade in a promotion procedure for a given year because that list does not contain the applicant’s name, and, by way of an ancillary measure, annulment of the p...