Tipo de documentos
Año
Fecha: 22-Oct-2008
1.Officials – Actions – Interest in bringing proceedings – Action against the failure to implement a judgment annulling the rejection of a candidature for a vacant post – Admissibility (Art.233EC; Staff Regulations, Arts90 and91) 2.Action for annulment – Judgment annulling a measure – Effects – Obligation to implement – Scope (Art.233EC) 3.Official...
Fecha: 09-Oct-2008
Procedure – Costs – Costs caused unreasonably or vexatiously (Rules of Procedure of the Court of First Instance, Art.87(3), second subpara.) The second subparagraph of Article 87(3) of the Rules of Procedure of the Court of First Instance must be applied and an official ordered to pay all the costs of the proceedings where he has put forward partic...
Fecha: 14-Oct-2008
Officials – Competitions – Selection board – Rejection of application – Obligation to state reasons – Scope (Staff Regulations, Art.25, second para.; AnnexIII, Art.6) Even though the outcome of reconciling the obligation to state reasons and observance of the principle of the secrecy of the selection board’s proceedings, in particular as to whether...
Fecha: 08-Oct-2008
Officials – Promotion – Complaint by an unsuccessful promotion candidate – Decision to reject – Total absence of statement of reasons (Staff Regulations, Arts25, second para., 45 and90(2)) Although the appointing authority is not under an obligation to provide unsuccessful candidates with reasons for its decision on promotion, it must, on the other...
Fecha: 30-Oct-2008
1.Judicial proceedings— Admissibility of actions— Lodging of a plea of inadmissibility— Tribunal’s freedom to adopt an order on the basis of Article76 of the Rules of Procedure of the Civil Service Tribunal (Rules of Procedure of the Civil Service Tribunal, Arts 76 and 78) 2.Officials— Social security— Insurance against the risk of accident and of ...
Fecha: 08-Oct-2008
Arbitration clause – Programme to encourage the development, distribution and promotion of European audio-visual works (MEDIA Plus) – Demand for payment of financial aid – Existence of an arbitration clause – Compensation – Admissibility Procedure – Referral to the Court of First Instance under an arbitration clause – Challenge to the validity of a...
Fecha: 08-Oct-2008
Action for annulment – Cohesion Fund – Lack of direct concern – Inadmissibility Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Commission decision granting a Member State, under the Cohesion Fund, financial assistance for the construction of a landfill site (Art. 2...
Fecha: 23-Oct-2008
Community trade mark – Invalidity proceedings – Community word mark PAST PERFECT – Rejection of the application for a declaration of invalidity – Article 7(1)(b), (c) and (d) of Regulation (EC) No 40/94 – Article 7(2) Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)...
Fecha: 23-Oct-2008
Community trade mark – Application for the Community word mark FLEX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to d...
Fecha: 20-Oct-2008
Action for annulment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 – Decision by the Commission not to raise objections subject to certain conditions – Competence of Member States in the individual allocation of e...
Fecha: 10-Oct-2008
Community trade mark – Application for registration of Community word mark LIGHT & SPACE – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive charact...
Fecha: 15-Oct-2008
Community trade mark – Application for the Community word mark PORT LOUIS – Absolute grounds for refusal – Descriptive character – Designation of the geographical origin of the goods – Article 7(1)(c) of Regulation(EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks compo...
Fecha: 06-Oct-2008
Application for annulment – Community financing of a project for the improvement of living standards in the former Yugosalvia to promote the return of refugees and displaced persons – Obnova Programme – Arbitration clause – Debit note – Inadmissible 1.Procedure – Legal basis of an action – Choice a matter for the applicant and not the Community jud...
Fecha: 27-Oct-2008
Action for annulment – Directive 2003/87/EC – System of exchange of greenhouse gas emissions allowances – National plan for the allocation of emission allowances for Italy for the period from 2008 to 2012 – Commission Decision not to raise objections on certain conditions – Not individually concerned – Inadmissibility Actions for annulment – Natura...
Fecha: 15-Oct-2008
Community trade mark – Application for the Community figurative mark Intelligent Voltage Guard – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation(EC) No 40/94 1.Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Seperate examination of the ground...
Fecha: 30-Oct-2008
Community trade mark – Application for the Community word mark LE GOMMAGE DES FACADES – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) – Duty to state reasons – First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Articl...
Fecha: 15-Oct-2008
Agriculture – Community financial assistance – Financial irregularity vitiating the request for payment of the balance – Decision to reduce the assistance – Expiry of the limitation period – Action for annulment and damages 1.Own resources of the European Communities – Regulation on the protection of the European Communities’ financial interests – ...
Fecha: 27-Oct-2008
Non-contractual liability – Financial intermediaries – Commission’s failure to act – Rules of law conferring rights on individuals – Action clearly devoid of legal foundation Non-contractual liability – Conditions – Sufficiently serious breach of a rule conferring rights on individuals (Arts 235 EC and 288, para. 2, EC) (see paras 18, 22) Re: ACTIO...
Fecha: 06-Oct-2008
Community trade mark – Opposition proceedings – Application for Community figurative mark RolandGarros SPORTSWEAR – Previous national word mark Roland Garros – Late payment of the appeal fees – Decision of the Board of Appeal deeming the action to be unfounded Community trade mark – Procedural provisions – Notification – Defects in service (Commiss...
Fecha: 20-Oct-2008
Procedural issue – Community trade mark – Representation by a lawyer Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 19) (see paras 10, 13-23, 28) Re: APPLICATION under Article 114 of the Rules of Procedure of the Court of First Instance for W.Johnston to be allowed to act as representativ...