(Case C‑211/09

Fecha: 26-Nov-2009

Failure of a Member State to fulfil obligations – Directive 2006/24/EC– Electronic communications – 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 consideration – Situation on expiry of the period laid down in the reasoned opinion (Art...

(Case C‑281/08

Fecha: 24-Nov-2009

Appeal – Action for annulment – Access to documents – Capacity of a regional parliament to be a party to legal proceedings 1.Appeals – Grounds – Breach of the principle audi alteram partem – Order ruling on the objection to admissibility without oral argument having been heard – Defendant having submitted observations on that objection – Ground of ...

(Case C‑333/09

Fecha: 27-Nov-2009

Reference for a preliminary ruling – European Convention for the Protection of Human Rights and Fundamental Freedoms – International Covenant on Civil and Political Rights – Principle of equal treatment – Redundancy for economic reasons – No link with Community law – The Court of Justice’s manifest lack of jurisdiction Preliminary rulings – Jurisdi...

Case C‑337/08

Fecha: 19-Nov-2009

(Reference for a preliminary ruling from the Hoge Raad der Nederlanden) (Freedom of establishment – Corporation tax – Group taxation regime – Tax entity formed by a parent company and its domestic subsidiaries – Exclusion of subsidiaries established in another Member State – Safeguarding the balanced allocation between the Member States of the powe...

(Case C‑353/08

Fecha: 09-Nov-2009

First subparagraph of Article 104(3) of the Rules of Procedure – Directive 89/105/EEC – Transparency of measures regulating the prices of medicinal products for human use – Article 4(1) – Price freeze – Price reductions Approximation of laws – Medicinal products – Directive 89/105 – Medicinal products for human use (Council Directive 89/105, Arts 1...

Case C‑357/09

Fecha: 10-Nov-2009

(Reference for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria)) (Urgent preliminary ruling procedure – Visas, asylum, immigration and other policies related to free movement of persons – Title IV of the EC Treaty – Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and...

(Case C‑444/08

Fecha: 26-Nov-2009

Appeals – Article 119 of the Rules of Procedure – Council Regulation (EC) No 1954/2003 – Actions for annulment – Inadmissibility – Regional or local body – Measures of direct and individual concern to that body – Appeal in part clearly inadmissible and clearly unfounded 1.Actions for annulment – Natural or legal persons – Action for annulment in pa...

Case C‑451/08

Fecha: 17-Nov-2009

(Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany)) (Public works contracts – Public works concessions – Sale of land by a public authority – Works to be carried out subsequently) 1.The present case, arising from a number of questions referred by the Oberlandesgericht Düsseldorf (Higher Regional Court, Düsseldorf) f...

Case C‑536/15

Fecha: 01-Nov-2009

(Request for a preliminary rulingfrom the College van Beroep voor het bedrijfsleven) (Reference for a preliminary ruling— Electronic communications networks and services— Directive 2002/22/EC— Article25(2)— Directory enquiry services and directories— Directive 2002/58/EC— Article12— Directories of subscribers— Making available personal data concern...

Case F-1/09

Fecha: 25-Nov-2009

1.Officials – Actions – Action against a decision rejecting a complaint – Admissibility (Staff Regulations, Arts90 and91) 2.Officials – Attestation procedure – Complaint from a candidate not admitted to the attestation exercise – Decision to reject – Obligation to state the reasons on which the decision is based – Scope (Staff Regulations, Art.43; ...

Case F-11/05

Fecha: 18-Nov-2009

Procedure – Applicant’s failure to act – Application devoid of purpose – No need to adjudicate (Rules of Procedure of the Civil Service Tribunal, Art.75) In the interest of the proper administration of justice, it is for the Civil Service Tribunal, in the light of an applicant’s persistent failure to act, to find of its own motion, in accordance wi...

Case F-11/09

Fecha: 25-Nov-2009

1.Officials – Decision adversely affecting an official – Obligation to state the reasons on which the decision is based – Scope – Request for reimbursement of medical expenses – Official having not received all the accounts issued by the Settlements Office (Staff Regulations, Art.25, second para.) 2.Officials – Actions – Acts adversely affecting an...

Case F-16/09

Fecha: 30-Nov-2009

1.Officials – Reports procedure – Career development report – Assessment showing a decline compared with previous report – Obligation to state reasons (Staff Regulations, Arts25 and43) 2.Officials – Reports procedure – Career development report – Obligation for appraisal to cover the entire reference period (Staff Regulations, Art.43) 1.Career deve...

Case F-17/09

Fecha: 30-Nov-2009

1.Procedure – Withdrawal – Need for a clear and unconditional statement of intention to discontinue proceedings (Rules of Procedure of the Civil Service Tribunal, Art.74) 2.Officials – Actions – Action directed not against the decision awarding promotion points, but against the reference to those points in that decision – Not an act having adverse ...

Case F-3/09

Fecha: 30-Nov-2009

1.Officials – Assignment – Transfer (Staff Regulations, Art.7(1)) 2.Officials – Equal treatment – Advantages granted upon reassignment to the headquarters of the Commission after completing a period of normal assignment in a third country (Staff Regulations, AnnexX, Arts3 and15) 1.A transfer in the interests of the service does not preclude the com...

Case F-5/09

Fecha: 25-Nov-2009

1.Procedure – Admissibility of actions – Lodging of a plea of inadmissibility (Rules of Procedure of the Civil Service Tribunal, Arts76 and78) 2.Officials – Actions – Action for compensation for damage caused by an act not in the nature of a decision (Staff Regulations, Arts90 and91) 3.Officials – Actions – Time-limits – Claim for compensation addr...

Case F-54/09

Fecha: 30-Nov-2009

1.Procedure – Decision taken by way of reasoned order – Conditions (Rules of Procedure of the Civil Service Tribunal, Art.76) 2.Officials – Representation – Protection of staff representatives (Staff Regulations, AnnexII, Art.1, sixth para.) 1.The Community judicature is entitled to assess, according to the circumstances of each case, whether the p...

Case F-55/08

Fecha: 30-Nov-2009

1.Officials – Staff of the European Investment Bank – Actions – Action against a decision rejecting a complaint – Admissibility (Staff Regulations, Arts90 and91) 2.Officials – Staff of the European Investment Bank – Reports procedure (Staff Regulations of the European Investment Bank, Art.22) 3.Officials – Staff of the European Investment Bank – An...

Case F-57/08

Fecha: 17-Nov-2009

1.Officials – Equal treatment – Different treatment for different categories of staff as regards guarantees under the Staff Regulations and social security benefits – No discrimination 2.Officials – Pensions – Calculation of years of pensionable service – Taking into account of periods of service completed as a member of the auxiliary staff – Condi...

Case F-71/08

Fecha: 10-Nov-2009

1.Officials – Actions – Interest in bringing proceedings – Action for annulment of a staff report – Official reassigned to another institution – Report not taken into consideration by that institution (Staff Regulations, Art. 43) 2.Officials – Reports procedure – Staff report – Obligation to bring to the attention of the official concerned the docu...