Tipo de documentos
Año
Fecha: 28-Feb-2008
(Reference for a preliminary ruling from the Tribunal de grande instance de Nantes (France)) (Discrimination on grounds of nationality – The first paragraph of Article 12 EC – Citizenship of the Union – Compensation for victims of crimes committed abroad – National provisions limiting the award of such victim compensation to a State’s own nationals...
Fecha: 28-Feb-2008
Appeals – Staff cases – Temporary staff – Contract staff – Office for Infrastructure and Logistics in Brussels (OIB) – Recruitment procedure – Rejection of candidature – Action for annulment – Action for damages 1.Appeals – Grounds – Admissibility – Examination by the Court of its own motion (see para. 38) 2.Appeals – Grounds – Mere repetition of t...
Fecha: 14-Feb-2008
Appeal – Article 119 of the Rules of Procedure – Conditions governing the admissibility of an action for annulment – Interest in bringing proceedings – Call for proposals regarding the financing of innovative actions under the European Social Fund – Decision to reject – Benefit for the applicant arising from a possible annulment of the contested ac...
Fecha: 28-Feb-2008
(Reference for a preliminary ruling from the Unabhängiger Finanzsenat (Austria)) (Export refunds – Protection of bovine animals during transport – Rest periods – Route plan) 1.By the present reference for a preliminary ruling, the referring court is essentially asking the Court to determine whether, by virtue of the reference made by Regulation No6...
Fecha: 21-Feb-2008
Failure of a Member State to fulfil obligations – Incorrect transposition – Directive 84/5/EEC – Article 1(4) – Compulsory insurance for civil liability in respect of motor vehicles – Conditions for the exclusion from compensation of passengers in an uninsured vehicle Approximation of laws – Insurance against civil liability in respect of motor veh...
Fecha: 13-Feb-2008
Appeal – Community trade mark – Word mark HAIRTRANSFER – Refusal of registration – Lack of distinctive character Appeals – Grounds – Incorrect assessment of the facts – Inadmissible – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court o...
Fecha: 15-Feb-2008
Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Word sign ‘terranus’ – Refusal of registration Appeals – Grounds – Incorrect assessment of the evidence – Inadmissibility Review by the Court of Justice of the assessment of the evidence (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, ...
Fecha: 26-Feb-2008
(Reference for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu (Poland)) (Taxation – VAT – Council Directives 67/227/EEC and 77/388/EEC – National legislation laying down rules for refunds of excess VAT – Principles of fiscal neutrality and proportionality) 1.The present reference for a preliminary ruling from the Wojewódz...
Fecha: 19-Feb-2008
Appeal – Regulation (EC) No 384/2004 – Classification of certain goods in the Combined Nomenclature – Person not individually concerned – Appeal in part manifestly inadmissible and in part manifestly unfounded 1.Procedure – Obligation of the Court of First Instance to open the oral procedure before ruling on an objection of inadmissibility – None (...
Fecha: 26-Feb-2008
Failure of a Member State to fulfil obligations–Directive2005/51/EC–Public procurement–Procedures for the award of contracts 1.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. 9) 2.M...
Fecha: 14-Feb-2008
Failure of a Member State to fulfil obligations – Article 56 EC – National provision limiting the voting rights of shareholders in undertakings in the energy sector – Limitation applicable to public bodies Free movement of capital – Restrictions – Company law – National legislation limiting the voting rights attaching to shares held by public bodie...
Fecha: 28-Feb-2008
(Reference for a preliminary ruling from the Consiglio di Stato (Italy)) (Workers – Recognition of professional qualifications – Engineer – Registration with the professional body of a different Member State from that in which the diploma was accredited) 1.By this reference for a preliminary ruling the Court is being asked to give a ruling on the c...
Fecha: 21-Feb-2008
Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period 1.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 reas...
Fecha: 20-Feb-2008
Appeal – Article 119 of the Rules of Procedure – Article 19 of the Statute of the Court of Justice – Representation by a lawyer – Compliance with the essential procedural requirements of the Rules of Procedure – Principle of non-discrimination – Appeal in part manifestly inadmissible and in part manifestly unfounded 1.Procedure – Application initia...
Fecha: 14-Feb-2008
2.Under the double taxation convention between Germany and Luxembourg (‘the DTC’),(2) profits made by the permanent establishment in one State of a company resident in the other State are subject to tax in the former State. Where the company is resident in Germany, income subject to tax in Luxembourg is to be excluded from its taxable income in Ger...
Fecha: 14-Feb-2008
Failure of a Member State to fulfil obligations – State aid – Obligation to recover 1.Actions for failure to fulfil obligations – Failure to comply with the obligation to recover aid granted – Grounds of defence – Absolute impossibility of implementation – Assessment criteria (Art. 88(2) EC; Council Regulation No 659/1999, Art. 14(3)) (see paras 39...
Fecha: 28-Feb-2008
Applications for interim measures – Application for suspension of operation of a measure – Fisheries policy – Regulation No 809/2007 – Concept of ‘drift-net’ – Whether ‘thonaille’ nets included – Urgency 1.Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Prima facie case – Urgency – Serious and ir...
Fecha: 28-Feb-2008
(Reference for a preliminary ruling from the Sąd Okręgowy w Koszalinie (Poland)) (Allowance in respect of victims of war and of its consequences granted by a Member State – Condition requiring residence in national territory) 1.Once again, the Court has been asked to give a ruling on the lawfulness of a residence condition imposed on the recipients...
Fecha: 14-Feb-2008
Failure of a Member State to fulfil obligations – Directive 2003/110/EC – Assistance in cases of transit for the purposes of removal by air – Failure to transpose within the prescribed period 1.Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the perio...
Fecha: 21-Feb-2008
1.Officials – Reports procedure – Career development report – Decline in assessment compared with previous report (Staff Regulations, Art. 43) 2.Officials – Reports procedure – Career development report – Drawing up– Referral to the Joint Committee on Staff Reports (Staff Regulations, Art. 43) 3.Officials – Attestation procedure – Rules for its imp...