Tipo de documentos
Año
Fecha: 20-Sep-2007
(Appeal – Community official – Remuneration – Dependent child allowance – Article 67(2) of the Staff Regulations – Deduction of an allowance of like nature paid from another source) I–Introduction 1.The present appeal proceedings give cause to consider in particular the question of when there is ‘an allowance of like nature paid from another source...
Fecha: 18-Sep-2007
(Reference for a preliminary ruling from the Krajský soud Ostrava (Czech Republic)) (Article2 and Article58 of the Act of Accession – Effectiveness of provisions which have not yet been published in the national language – Customs declaration – Inaccurate information – Fine) I–Introduction 1.With the accession of 10 new Member States on 1May 2004, ...
Fecha: 18-Sep-2007
Appeals – Time-limit – Inadmissibility Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Unforeseeable circumstances or force majeure (Statute of the Court of Justice, Art. 45, para. 2; Rules of Procedure of the Court, Arts 37(6) and 81(2)) (see paras 7, 9) Re: Appeal against the order of the Court of First Instan...
Fecha: 20-Sep-2007
Appeal – Community trade mark – Regulation (EC) No40/94 – Article 8(1)(b) – Figurative mark containing the word ‘QUICKY’ – Opposition of holder of earlier national word marks QUICKIES – Likelihood of confusion – Overall assessment Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Oppositi...
Fecha: 11-Sep-2007
(Failure of a Member State to fulfil obligations – Directive 91/414/EEC – Scope –Article 28 EC – Marketing authorisation for a parallel import – Plant protection product imported from a Member State of the European Economic Area or from a third country – Whether identical with a plant protection product already authorised in the Member State of imp...
Fecha: 20-Sep-2007
[Reference for a preliminary ruling from the Audiencia Nacional (Spain)] (Directive 97/67/EC – Directive 92/50/EEC – Articles43, 49 and 86 EC – National regulations entrusting the provision of reserved and non-reserved postal services to a single provider – ‘In house’ contract – Justification) 1.May a limited liability company whose capital is whol...
Fecha: 11-Sep-2007
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Similarity between two trade marks – Likelihood of confusion – Application for a Community figurative mark featuring the word element ‘FERRÓ’ – Opposition by the proprietor of the national word mark FERRERO – Partial refusal of registration 1.Community trade mark – Definit...
Fecha: 13-Sep-2007
(Reference for a preliminary ruling from the Landgericht Koblenz (Germany)) (Free movement of goods – Articles 28EC and 30EC – National rules prohibiting the sale by mail order of image storage media that have not been examined and classified by the competent national authority for the purpose of protecting young persons – Image storage media impor...
Fecha: 18-Sep-2007
Application for interim measures – Inadmissibility of the main action Applications for interim measures – Conditions of admissibility – Main action dismissed as inadmissible (Art. 242 EC and 243 EC; Rules of Procedure of the Court of Justice, Art. 83(1) (see paras 3-4) Re: Application for interim measures – Application for interim measures seeking ...
Fecha: 11-Sep-2007
(Reference for a preliminary ruling from the Bundesfinanzhof (Germany)) (Free movement of capital – Articles 56 EC and 58 EC – Restrictions – Inheritance tax – Agricultural land and forestry assets in the national territory and in another Member State – Difference in methods for the valuation of assets and the calculation of the fiscal charge) 1.In...
Fecha: 03-Sep-2007
(Request for a preliminary ruling from the Finanzgericht Düsseldorf) (Reference for a preliminary ruling— Admissibility— Anti-dumping— Validity of a regulation seeking to implement a judgment of the Court declaring previous regulations invalid— Obligation to implement— Legal basis— Regulation (EC) No1225/2009— Article14— Setting of the criteria rel...
Fecha: 06-Sep-2007
(Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht Munchen (Germany)) (Payment of a survivor’s pension under a compulsory occupational pension scheme – Refusal to pay on the grounds that the partners had not married – Same‑sex couples – Directive 2000/78/EC – Scope – Exclusion of social security benefits – Definition of pay...
Fecha: 13-Sep-2007
(Failure of a Member State to fulfil obligations – Article 226 EC – Freedom to provide services – Articles 49 EC and 50 EC – Article 3(1) and (10) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services – Public policy provisions – Applic...
Fecha: 13-Sep-2007
(Reference for a preliminary ruling from Juzgado Mercantil No 3 de Barcelona ) (Trade-marks – Meaning of ‘well-known trade-marks’ – Extent of the geographical area in which they are well known) 1.In this case, the national court seeks from the Court of Justice a preliminary ruling on the interpretation of Article4 of the First Council Directive 89/...
Fecha: 06-Sep-2007
(Reference for a preliminary ruling from the Oberlandesgericht, Düsseldorf (Germany)) (Public contracts – Contracting authority – Awarding, without formal competition procedure at European level, of cleaning services, by an association of broadcasting institutions indirectly funded by the State) I–Introduction 1.To think of radio broadcasting as a ...
Fecha: 20-Sep-2007
(Reference for a preliminary ruling from the Oberlandesgericht Celle (Germany)) (Directive 96/71/EC – Posting of workers in the framework of the provision of services – Collective agreements – Minimum wage – Article 49EC – Restriction on the freedom to provide services – Procedures for the award of public works contracts – Protection of workers and...
Fecha: 27-Sep-2007
Failure of Member State to fulfil obligations – Directive 2004/28/EC – Veterinary medicinal products – Non-transposition 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 down in the reasoned opinion (Art. 22...
Fecha: 27-Sep-2007
Failure of Member State to fulfil obligations – Protection of the environment – Access to justice 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. 226 EC) (see para. 7) Re: Failure of Member State to f...
Fecha: 18-Sep-2007
(Reference for a preliminary ruling from the Tribunal administratif de Lyon (France)) (Taxation – VAT – Right to deduct – Council Directive 77/388/EEC – Articles 17, 18, 28(3)(d) and 28(4) – Repeal by France of ‘one-month delay’ rule – Conversion into a debt on Treasury – Repayment by instalments) 1.In this reference for a preliminary ruling under ...
Fecha: 13-Sep-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...