Tipo de documentos
Año
Fecha: 17-Dic-2009
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Failure to transpose within the prescribed period 1.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 r...
Fecha: 09-Dic-2009
1.Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted (Art.225EC; Statute of the Court of Justice, Art.58) 2.Appeal – Pleas in law – Mere repetition of the pleas...
Fecha: 10-Dic-2009
Appeals – Time-limit – Inadmissibility – Article 119 of Rules of Procedure Procedure – Time-limit for instituting proceedings – Appeals – Belatedness – Inadmissibility (Statute of the Court of Justice, Art. 56; Rules of Procedure of the Court of Justice, Art. 81(2)) (see points 4-8) Re: Appeal against the order of the General Court (Third Chamber) ...
Fecha: 09-Dic-2009
Appeal – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the General Court – Possible only where the clear sense of the evidence has been distorted (Art.225EC; Statute of the Court of Justice, Art.58) ...
Fecha: 02-Dic-2009
(Failure of a Member State to fulfil obligations – Articles 56 EC and 43EC – Free movement of capital – Restrictions on the acquisition of holdings and on intervention in the management of a privatised company – Portuguese State’s ‘golden’ shares in Portugal Telecom SGPS SA – State measure – Whether Member State answerable) I–Introduction 1.By the ...
Fecha: 17-Dic-2009
(References for a preliminary ruling from the the Raad van State (Netherlands) and the Hoge Raad der Nederlanden (Netherlands)) (Freedom to provide services – Gambling – Betting and lotteries via the internet – Exclusive licensing system – Prohibition of the provision of services by an undertaking established in another Member State – Restriction o...
Fecha: 10-Dic-2009
(Directive 2001/80/EC – Environmental pollution – Combustion plants – Limitation of emissions of certain pollutants into the air – Use of electricity in the production of aluminium) I–Introduction 1.The Commission and the United Kingdom are in dispute as to whether a coal-fired power plant which generates electricity for the production of aluminium...
Fecha: 10-Dic-2009
(Directive 96/82/EC (Seveso II) – External emergency plans – Time-limit) I–Introduction 1.The aim of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (2) (‘the Seveso II Directive’) is protection against risk of accident in the industrial use of certain substances. Accordingly, it...
Fecha: 09-Dic-2009
(Reference for a preliminary ruling from the Višje sodišče v Mariboru (Slovenia)) (Urgent preliminary ruling procedure – Judicial cooperation in civil matters –Regulation (EC) No2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Wrongful removal of t...
Fecha: 17-Dic-2009
(Reference for a preliminary ruling from the Conseil d’État (France)) (Food supplements – Absence of implementing measures – National legislation setting the maximum amounts of vitamins and minerals permitted in food supplements – Setting a maximum amount at zero – Application of the safeguard clause – Setting maximum amounts in the absence of safe...
Fecha: 17-Dic-2009
(Reference for a preliminary ruling from the Helsingin käräjäoikeus (Finland)) (Social policy – Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding − Directive 92/85/EEC − Articles 5 and 11(1) − Continuation of adequate pay and/or allowance − Worker transferred to another jo...
Fecha: 17-Dic-2009
The Directive 7.Recital 1 in the preamble to the Directive states that ‘the resale right is an unassignable and inalienable right’, and recital 3 explains that it is intended ‘to ensure that authors of graphic and plastic works of art share in the economic success of their original works of art’ and to help ‘redress the balance between the economic...
Fecha: 10-Dic-2009
Directive 2003/86 3.In the preamble to the Directive, inter alia: –recital 2 stresses the obligation to protect the family and respect family life, enshrined in particular in Article 8 of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union; –recital 3 refers to the meetings of the European Council in ...
Fecha: 17-Dic-2009
The EC Treaty 2.Article 43 EC prohibits restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State. Article 48 EC provides that this prohibition also applies to companies or firms formed in accordance with the law of a Member State and having their registered office, central administration o...
Fecha: 15-Dic-2009
Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Excusable error – Concept (Rules of Procedure of the Civil Service Tribunal, Arts97(4) and100(3); Staff Regulations, Art.91(3)) In the context of the Community rules on time-limits for instituting proceedings, the concept of excusable error justifying a derogation ...
Fecha: 09-Dic-2009
Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Market economy status – Community interest 1.Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Imports from countries not having a market economy as referred to inArticle 2(7)(b) of Regulation No 384/96 ...
Fecha: 07-Dic-2009
Proceedings for interim measures – REACH – Identification of acrylamide as a substance of very high concern – Application for suspension of operation of the measure and for interim relief – No urgency 1.Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency –...
Fecha: 10-Dic-2009
ESF – Reduction in financial assistance – Training schemes – Rights of the defence – Right to be heard Social policy – European Social Fund – Financial assistance for vocational training – Decision to reduce assistance initially granted – Defence rights of beneficiaries – Scope (see paras 35-37, 39, 54) Re: ACTION for annulment of Commission Decisi...
Fecha: 10-Dic-2009
ESF – Reduction of financial assistance – Training schemes – Rights of the defence – Right to a fair hearing Social policy – European Social Fund – Financial assistance for vocational training – Decision to reduce assistance initially granted – Defence rights of beneficiaries – Scope (see paras 33-35, 37, 52) Re: ANNULMENT of Commission Decision D(...
Fecha: 16-Dic-2009
Non-contractual liability – EDF – List of exporters eligible to receive payment of debts owed to them by the Central African Republic – Not included on the list – Limitation period – Inadmissibility 1.Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the ple...