Tipo de documentos
Año
Fecha: 02-Jun-2007
(Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven) (Authorisation to place plant protection products on the market – Directive 91/414/EEC – Article 8 – Active substance named ‘aldicarb’ – Validity of Article 2(3) of Decision 2003/199/EC) Summary of the Judgment 1.Agriculture – Approximation of laws – Placing of ...
Fecha: 28-Jun-2007
4.The Belgian federal system, rather like a devolutionary cousin of the Community,(5) did not come about as a result of a single plan.(6) It is the result of incremental changes, originally driven by the Flemish desire to gain cultural autonomy, which took form in the Communities, and the Walloon desire for economic autonomy, which was achieved thr...
Fecha: 05-Jun-2007
Language of the case: German Referring court Handelsgericht Wien Parties to the main proceedings Applicant: GB Defendants: Decker KFZ-Handels u. -Reparatur GmbH, Volkswagen AG Questions referred Must Article5(1) of Regulation (EC) No715/2007 of the European Parliament and of the Council of 20June 2007 on type approval of motor vehicles with respect...
Fecha: 07-Jun-2007
2.Article 7(1) of the Regulation lists what are known as the ‘absolute’ grounds for refusal of registration of a trade mark. Absolute grounds automatically preclude registration, in contrast to ‘relative’ grounds (such as similarity between the proposed mark and an existing mark) which may or may not preclude registration depending on the circumsta...
Fecha: 14-Jun-2007
Community legislation 2.At the material time in the main proceedings, Article 2 of the Sixth Directive required that the tax should apply to ‘the supply of goods or services effected for consideration within the territory of the country by a taxable person acting as such’.(3) 3.Article 4 provided, in so far as relevant: ‘1.“Taxable person” shall me...
Fecha: 07-Jun-2007
1.Appeals – Purpose (Statute of the Court of Justice, Art.56, para. 2) 2.Actions for annulment – Contested measure becoming obsolete in the course of the proceedings – Action retaining its purpose where the contested measure not withdrawn (Arts 230EC and 233, para. 1,EC; Staff Regulations of Officials, Art.29) 1.Since, under the second paragraph of...
Fecha: 21-Jun-2007
Officials – Remuneration – Expatriation allowance – Conditions for granting (Staff Regulations of Officials, Annex VII, Art. 4(1)(a)) The concept of ‘State’ for the purposes of the last sentence of the second indent of Article 4(1)(a) of Annex VII to the Staff Regulations necessarily includes the permanent representation of a Member State to the Eu...
Fecha: 28-Jun-2007
(Action for annulment – Article 47 EU – Framework Decision 2005/667/JHA – Transport – Ship-source pollution – Protection of the environment – Criminal penalties – Community competence – Legal basis – Article 80(2)EC) I–Introduction 1.By its application under Article 35(6) EU, the Commission is seeking annulment of Council Framework Decision 2005/66...
Fecha: 14-Jun-2007
The basic regulation 6.The common organisation of the markets in the sugar sector was at the material time regulated by Council Regulation (EC) No 1260/2001(2) (‘the basic regulation’), which applied for the 2001/02 to 2005/06 marketing years.(3) 7.The following recitals(4) in the preamble to the basic regulation are relevant: ‘(9)The reasons which...
Fecha: 14-Jun-2007
Failure of a Member State to fulfil its obligations – Directive 79/923/EEC – Quality of shellfish waters – Designation of shellfish waters – Pollution reduction programmes – Setting control parameters 1.Actions for failure to fulfil obligations – Pre-litigation procedure – Formal notice (Art. 226 EC) (see para. 32) 2.Actions for failure to fulfil o...
Fecha: 28-Jun-2007
(Failure of a Member State to fulfil its obligations – National legislation – Conditions for the grant of an allowance for the construction or purchase of a dwelling for personal occupation – Exclusion of non-residents liable to unlimited income tax – Articles 18 EC, 39 EC and 43 EC – Justification) 1.These infringement proceedings lead me to exami...
Fecha: 28-Jun-2007
(Reference for a preliminary ruling from the Tribunale di Forlì (Italy)) (Directive 98/34/EC – Definition of ‘technical regulation’ – National legislation imposing the obligation to affix to compact discs the initials of the national body responsible for collecting royalties – Obligation to notify) I–Introduction 1.In connection with the criminal c...
Fecha: 21-Jun-2007
2.The first paragraph of Article 90 EC(2) provides: ‘No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.’(3) 3.Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control ...
Fecha: 07-Jun-2007
Directive 89/665 4.Directive 89/665 seeks to ensure that the procedures for the award of public works, supply and service contracts laid down in the relevant Community directives are applied effectively. It does this by providing for a system of review procedures and remedies for infringements. 5.The following recitals in the preamble to Directive ...
Fecha: 21-Jun-2007
(Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Auβenstelle Linz (Austria)) 1.The Linz Office of the Unabhängiger Finanzsenat (Independent Finance Tribunal, Austria) has referred two questions for a preliminary ruling regarding the interpretation of Council Directive 69/335/EEC of 17 July 1969 concerning indirect taxes on the...
Fecha: 28-Jun-2007
(Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) (Electronic communications – New regulatory framework – Transitional arrangements – Temporary continuation of obligations provided for under previous regulatory regime – Interpretation of the first paragraph of Article27 of the Framework Directive and Article 16(1)(a) ...
Fecha: 21-Jun-2007
(Common Agricultural Policy – Reform – Enlargement of the European Union) 1.The action before the Court in this case is the first direct action brought by the Republic of Poland. It raises several important and untested legal issues which justify consideration by the Grand Chamber. It is brought in the context of the protracted and difficult access...
Fecha: 21-Jun-2007
(Failure of a Member State to fulfil obligations – Article226EC – Free movement of goods – Measures having equivalent effect – Directive2001/83/EC – Meaning of the term ‘medicinal product’ – National administrative practice according to which a garlic preparation in capsule form is classified as a medicinal product) I–Introduction 1.The present cas...
Fecha: 24-Jun-2007
Failure of a Member State to fulfil obligations – Directive 2002/14/EC – Informing and consulting employees – Failure to transpose within the period prescribed 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 opinio...
Fecha: 14-Jun-2007
Failure of a Member State to fulfil obligations – Regulation (EC) No 261/2004 – Air transport – Denied boarding and cancellation or long delays of flights – Compensation and assistance to passengers – Adoption of sanctions Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Sit...