Tipo de documentos
Año
Fecha: 21-Oct-2008
(Reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)) (Value for customs purposes – Transaction value – Interpretation of Article 29(1) and (3)(a) of the Customs Code – Interpretation of Article 145(2) and (3) of the Implementing Regulation, as amended by Regulation No 444/2002 – Retroactive effect of a rule – Validity) I...
Fecha: 09-Oct-2008
4.Article 7(1) of the Trade Marks Directive provides that the trade mark owner’s right to prevent use of the mark ‘shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the [European Economic Area (“EEA”)](5) under that trade mark by the proprietor or with his consent’. 5.Article 7(2) states ...
Fecha: 03-Oct-2008
Reference for a preliminary ruling – No link with Community law – Clear lack of jurisdiction of the Court Preliminary rulings – Jurisdiction of the Court – Limits (Art. 234 EC) (see paras 7-10) Re: Reference for a preliminary ruling – Tribunale ordinario di Milano – Interpretation of Article 6(2) EU and of Article 6 of the European Convention on Hu...
Fecha: 14-Oct-2008
(Action for annulment – Directive 2006/24/EC – Electronic communications – Retention of data – Choice of legal basis – Article 95 EC – Title VI of the EU Treaty) 1.Disputes concerning the choice of legal basis have recently given rise to a number of judgments in which the Court has had to divide up the areas falling within the competence of the Eur...
Fecha: 14-Oct-2008
(Reference for a preliminary ruling from the Bundesfinanzhof (Germany)) (Free movement of capital – Income tax – Deductibility of gifts in kind to bodies pursuing charitable purposes which have their seat in another Member State – Requirement of residence in the national territory) I–Introduction 1.In this case, the Court is being asked, in essence...
Fecha: 16-Oct-2008
(Reference for a preliminary ruling from the Bundesgerichthof (Germany)) (Regulation (EC) No 44/2001– Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Actions in the context of an insolvency to set a transaction aside – Court with jurisdiction – Powers of the liquidator – Principle of the absence of la...
Fecha: 02-Oct-2008
Failure of a Member State to fulfil obligations – Directive 93/16/EEC – Specific training required to practise as a general practitioner – Incorrect transposition 1.Actions for failure to fulfil obligations – Subject-matter of the dispute – Request seeking to have a Member State ordered to take specific measures (Art. 226 EC) (see paras 8-10) 2.Fre...
Fecha: 23-Oct-2008
(Appeal – Directive 92/43/EEC – Conservation of natural habitats – Commission Decision 2005/101/EC – List of sites of Community importance – Action for annulment – Article 230 EC, fourth paragraph – Concept of a decision of ‘direct and individual’ concern to a legal or natural person) 1.The subject-matter of the present case is an appeal brought by...
Fecha: 23-Oct-2008
2.The cases before the national court concern meals provided between 1994 and 2001, so that the relevant Community legislation is the Sixth VAT Directive.(2) 3. Under Article 2(1) of that directive,(3) any ‘supply of goods or services effected for consideration within the territory of the country by a taxable person acting as such’ is subject to VA...
Fecha: 09-Oct-2008
3.The proceedings before the national court concern services provided between 1994 and 1998, so that the relevant Community legislation is the Sixth VAT Directive.(2) 4.Article 13A of that directive is entitled ‘Exemptions for certain activities in the public interest’. Paragraph 1 provides, in so far as is relevant: ‘Without prejudice to other Com...
Fecha: 14-Oct-2008
(Reference for a preliminary ruling from the Tribunal de Pequena Instância Criminal do Porto (Portugal)) (Legislation of a Member State granting a single entity an exclusive right to organise and operate betting on the internet – ‘Technical regulation’ within the meaning of Directive 98/34/EC – Restriction of the freedom to provide services – Overr...
Fecha: 08-Oct-2008
(Appeal – Article 87(1) EC – State aid – Directive 97/13/EC – Decision No 128/1999/EC – Award of UMTS licences – Retroactive reduction of fees – Decision finding that no State aid exists – Exception based on the nature and general scheme of the system – Imputability to the State – Article 88(2) and (3) EC – Serious difficulties) Table of contents ...
Fecha: 01-Oct-2008
(Reference for a preliminary ruling from the Cour d’appel de Paris (France)) (Article 81(1)EC – Competition – Selective distribution – General and absolute ban on selling cosmetics and personal care products to end-users via the internet – Restriction of competition by object – Regulation (EC) No2790/1999 – Article4(c) – Restriction of active and p...
Fecha: 06-Oct-2008
Article 104(3) of the Rules of Procedure – Common organisation of the markets in the sugar sector – Isoglucose – Setting of basic quantities for the allocation of production quotas – Isoglucose produced as an intermediate product – Article 24(2) of Regulation (EEC) No1785/81 – Article 27(3) of Regulation (EC) No2038/1999 – Article 1 of Regulation (...
Fecha: 17-Oct-2008
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(3) – Figurative mark representing the texture of a glass surface – Refusal of registration – Evidence of distinctive character acquired through use – Target public and territory to be considered Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – ...
Fecha: 02-Oct-2008
(Appeal – Subsidies – Imports of recordable CDs from India – Article8(7) of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports – Anti-competitive behaviour affecting all manufacturers – Other factors – Causation – Calculation of injury elimination level – ‘Lesser duty’ rule) Table of contents I– Introducti...
Fecha: 03-Oct-2008
(Appeal – Staff Regulations – Classification in grade – Starting grade or higher grade in career bracket A7/A6 – Loss of an opportunity to be appointed earlier – Career-related or financial compensation by the Court of its own motion – Conditions governing the award of financial confirmation by the Court of its own motion – Dispute of a financial c...
Fecha: 09-Oct-2008
Failure of a Member State to fulfil obligations – Directive 2003/72/EC – Statute for a European Cooperative Society – Involvement of employees in the decision-making of the society – Failure to transpose within the prescribed period Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consi...
Fecha: 16-Oct-2008
(Measures having equivalent effect – National measures derogating from the principle of the free movement of goods within the Community) I–Introduction 1.In the present proceedings, the Commission of the European Communities has brought before the Court an action under Article 226 EC seeking a declaration that, –by withdrawing from the market a num...
Fecha: 08-Oct-2008
1.Officials – Promotion – Consideration of comparative merits (Staff Regulations, Arts43 and45) 2.Plea of illegality – Scope – Measures the illegality of which may be pleaded (Art.241EC) 1.The consideration of comparative merits for the purpose of awarding merit points to an official may be conducted only within the directorate-general to which he ...