Tipo de documentos
Año
Fecha: 28-Nov-2008
1.Appeals – Grounds – Admissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art.112(1)(c)) 2.Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of the assessment – Possible only where the clear sense of the evidence has been distorted...
Fecha: 28-Nov-2008
1.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) 2.Appeals –Grounds– Inadequate statement of reasons ...
Fecha: 27-Nov-2008
Article 104(3) of the Rules of Procedure – Sixth VAT Directive – Article 33(1) – Meaning of ‘turnover taxes’ – Duty on transfers of assets and documented legal transactions Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Prohibition on the levying of other domestic taxes which can be characterised as tur...
Fecha: 27-Nov-2008
Article 104(3) of the Rules of Procedure – Sixth VAT Directive – Article 33(1) – Meaning of ‘turnover taxes’ – Real property transfer tax Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Prohibition on the levying of other domestic taxes which can be characterised as turnover taxes (Council Directive 77/3...
Fecha: 06-Nov-2008
Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Effects of certain projects on the environment – Heating installation – Energy production – Partial incineration of dangerous products 1.Environment – Assessment of the effects of certain projects on the environment – Directive 85/337 – Disposal of waste – Meaning (Council Dir...
Fecha: 13-Nov-2008
Appeal – Action brought by the Chairman of the Committee on Legal Affairs of the Parliament against the ‘action’ of the President of the Parliament which led to the submission of observations in the name of the Parliament in a matter which related to a reference for a preliminary ruling – Time-limit for initiating proceedings 1.Appeals – Grounds – ...
Fecha: 20-Nov-2008
4.The period relevant to the main proceedings stretches from 2004 to 2006. Consequently, the applicable Community law was to be found in the First and Sixth VAT Directives.(3) I have cited the relevant provisions in points 3 to 12 of my Opinion in Koninklijke Ahold, to which I refer. It is, however, helpful to recall them. 5.Under the first and sec...
Fecha: 01-Nov-2008
In the judgment in SF (European arrest warrant— Guarantee of return to the executing State) (C‑314/18) delivered on 11March 2020, the Court ruled, first, that, when the Member State executing a European arrest warrant makes the return of one of its nationals or residents, in respect of whom such a warrant has been issued for the purposes of crimina...
Fecha: 06-Nov-2008
(Reference for a preliminary ruling from the Landgericht Mannheim (Germany)) (Recognition of driving licences – Holding of two driving licences – Directive 91/439/EEC – Articles 7(5), 8(2) and 8(4) 1.May a person whose German driving licence was withdrawn for drunk driving in 1997 and who has not proved that he was once again fit to drive rely on a...
Fecha: 06-Nov-2008
(Action for failure to fulfil obligations – Articles 43 EC and 56 EC – Statutes of privatised undertakings – Clause concerning the exercise of various special powers) I–Introduction 1.‘All that glisters is not gold.’ Shakespeare wrote these words in The Merchant of Venice,(2) when the Prince of Morocco, in attempting to win Portia’s heart, chooses ...
Fecha: 14-Nov-2008
(Request for a preliminary rulingfrom the Općinski sud u Velikoj Gorici) (Reference for a preliminary ruling— Environment— Waste— Directive 2008/98/EC— Recovery of waste management costs— Polluter-pays principle— Concept of ‘waste holders’— Price charged for waste management— Special levy intended to finance capital investments) Summary— Judgment o...
Fecha: 19-Nov-2008
(Reference for a preliminary ruling from the Landgericht Hamburg (Germany)) 1.This reference from the Landgericht Hamburg relates to the implementation of Article 17 of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self‑employed commercial agents (‘the directive’).(2) The Landgeric...
Fecha: 18-Nov-2008
(Reference for a preliminary ruling from the Landessozialgericht Saxony (Germany)) (Preliminary reference – Competition – Compulsory affiliation to a body providing insurance against accidents at work and occupational diseases – Whether such a body is to be treated as an undertaking – Limits of powers of the Member States to organise their social s...
Fecha: 13-Nov-2008
Appeal – Article 119 of the Rules of Procedure of the Court of Justice – Non-contractual liability of the Community – Common organisation of the banana market – Arrangements for importing bananas originating in ACP countries into the Community – Loss allegedly suffered by an independent producer – Failure to comply with the rules on competition in ...
Fecha: 27-Nov-2008
(Reference for a preliminary ruling from the Tribunale ordinario di Nocera Inferiore (Italy)) (State aid for employment – Guidelines on aid to employment – Verifying compliance with conditions for receiving aid – Calculation of ‘job creation’ indicator) I–Introduction 1.The question referred for a preliminary ruling from the Tribunale ordinario di ...
Fecha: 18-Nov-2008
(Reference for a preliminary ruling from the Vestre Landsret (Denmark)) (Medicinal products for human use – Concept of advertising – Dissemination of information about a medicinal product by an independent third party – Freedom of expression) I–Introduction 1.The question referred for a preliminary ruling from the Vestre Landsret (Western Regional ...
Fecha: 27-Nov-2008
1.On 22 March 2001, AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE (‘AEPI’ or ‘the appellant’), a company constituted under Greek law engaged in the collective management of copyright relating to musical works, lodged a complaint with the Commission against the Hellenic Republic and three Greek bodies which collectively manag...
Fecha: 20-Nov-2008
1.By this reference for a preliminary ruling, the Raad van State (Council of State, Netherlands) has referred to the Court questions concerning, on the one hand, the interpretation of Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures for the beef market,(2) and the validity of Article 2(2) thereof, an...
Fecha: 13-Nov-2008
Appeal – Arbitration clause – Contract concerning a technological development programme relating to the production of water-repellent leather – Repayment of advance paid – Interest Appeals – Grounds – Incorrect interpretation and application of provisions of a contract containing an arbitration clause (Art. 238 EC; Statute of the Court of Justice, ...
Fecha: 13-Nov-2008
Failure of a Member State to fulfil obligations – Design and construction of a municipal tramway – Public works contract – Award by means of a procedure for the award of a public works concession – Infringement of Directive 93/37 Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Scope (Council Directive ...