Tipo de documentos
Año
Fecha: 10-Feb-2009
Failure of a Member State to fulfil obligations – Directive 2006/100/EC – 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. 226 EC) (see para. 9) Re...
Fecha: 03-Feb-2009
Appeal – Community civil service – Right to a fair hearing – Infringement of Articles 4, 27 and 29 of the Staff Regulations – Principle of non‑discrimination – Interest of the service and duty of care – Distortion of the evidence and rules on evidence – Appeal manifestly inadmissible in part and manifestly unfounded in part 1.Procedure – Duration o...
Fecha: 05-Feb-2009
Failure of a Member State to fulfil obligations – Directive 2005/29/EC – Unfair commercial practices – Failure to transpose within the period prescribed 1.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 10) 2.Actions for ...
Fecha: 10-Feb-2009
(Actions for failure to fulfil obligations – Import of defence and dual‑use equipment – Suspension of customs duties – Own resources – Article 296 EC – National security – Duty of confidentiality – Principle of legitimate expectations – Regulation (EC) No 150/2003) Table of contents I– Introduction II– The Community legal framework A– Primary law 1...
Fecha: 12-Feb-2009
(Reference for a preliminary ruling from the Regeringsrätten (Sweden)) (VAT – Interpretation of Articles 2, 4, 13B(d)(5) and 17 of the Sixth Directive, and of Articles 2, 9, 135(1)(f), 168 and 169 of Directive 2006/112/EC – Disposal by a parent company of shares in a subsidiary and of its remaining holding in another company, for the purposes of gr...
Fecha: 10-Feb-2009
Appeals – Application for the word ‘prejudicial’ to be replaced by the word ‘pré-judicial’ in the Portuguese-language version of Community provisions – Commission decision not to accede to the request – Appeal partly manifestly inadmissible and partly manifestly unfounded 1.Actions for annulment – Actionable measures – Meaning – Measures producing ...
Fecha: 05-Feb-2009
Failure of a Member State to fulfil obligations – Directive 2004/83/EC – 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. 226 EC) (see para. 7) Re:...
Fecha: 19-Feb-2009
(Reference for a preliminary ruling from the Tribunal du travail de Nivelles (Belgium)) 1.As the EC Treaty makes provision only for national social security legislation to be coordinated rather than for its full harmonisation, disparities may remain between them. Thus, the use made by the worker of his or her right to freedom of movement can someti...
Fecha: 18-Feb-2009
(Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)) (Common agricultural policy – Common organisation of the markets in the sugar sector – Interpretation and validity of Article 11 of Regulation (EC) No 320/2006 – Temporary scheme for the restructuring of the sugar industry – Calculation of the temporary restructuring amo...
Fecha: 05-Feb-2009
(Failure of a Member State to fulfil obligations − Judgment of the Court establishing that the Hellenic Republic had failed to fulfil its obligation to recover aid granted to Olympic Airways − Failure to comply with the judgment – Action under Article 228 EC – Financial penalties) I–Introduction 1.The present case concerns an action brought by the ...
Fecha: 03-Feb-2009
(Reference for a preliminary ruling from the High Court of Justice of England and Wales (United Kingdom)) (Article 5 of and Annex IV to Regulation (EC) No 1782/2003 – Direct aid – Common agricultural policy – Minimum requirements for good agricultural and environmental condition of land – Possibility of laying down requirements relating to the main...
Fecha: 05-Feb-2009
(Reference for a preliminary ruling from the Handelsgericht Wien) (Geographical indications and designations of origin – Interpretation of the judgment of the Court of Justice of 18 November 2003 in Case C‑216/01 Budějovický Budvar – Exclusive nature of Regulation No 510/2006) I–Introduction 1.For the last hundred years, the United States Anheuser-...
Fecha: 19-Feb-2009
1.In this case, brought under Article 226 EC, the Commission of the European Communities is asking the Court to declare that the Federal Republic of Germany has failed to fulfil its obligations under the combined provisions of Article 8 and Titles III to VI of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures fo...
Fecha: 10-Feb-2009
(Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) (Approximation of laws – Trade marks – Directive 89/104/EEC – Article 5(1)(a) – Use of another person’s trade mark for identical goods in comparative advertising – Article 5(2) – Unfair advantage taken of the repute of a trade mark – Comparative adver...
Fecha: 18-Feb-2009
(Reference for a preliminary ruling from the Amtsgericht Lahr (Germany)) (Protection of consumers in respect of distance contracts – Directive 97/7/EC – Right of withdrawal under Article 6 – 14th recital – Compensation for use of the goods supplied in the event of withdrawal within the withdrawal period – Concepts of ‘penalty’ and ‘charge’) Table ...
Fecha: 12-Feb-2009
(Request for a preliminary ruling from the Højesteret (Denmark)) (Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts of reproduction – Monitoring and analysis of the media – Extracts from newspaper artic...
Fecha: 12-Feb-2009
(Reference for a preliminary ruling from the Tribunal Supremo (Spain)) (Common organisation of the market in oils and fats – Olive oil – Article12a of Regulation No133/66/EEC – Private storage – Authorised bodies – Recognised producer groups and associations thereof – Joint venture seeking to maintain specific minimum price level – Applicability of...
Fecha: 19-Feb-2009
(Appeals – State aid – Decision ordering the recovery of incompatible aid – Third sentence of Article 13(1) of Regulation No 659/1999 – Decision on the basis of the information available – Presumption – Ships’ engines) 1.This appeal has been brought by the Commission against the judgment of the Court of First Instance of 12 September 2007 in Case T...
Fecha: 10-Feb-2009
(Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy)) (Public service contracts – Directive 92/50/EEC – Article 29 – National legislation precluding the simultaneous participation in a tendering procedure of undertakings which are linked by a relationship of control as defined by Article 2359 of t...
Fecha: 17-Feb-2009
(Reference for a preliminary ruling from the Tallinna Halduskohus) (Accession of Estonia – Transitional measures – Agricultural products – Regulation not translated into the language of a Member State – Surplus stock charge) I–Introduction 1.The Tallinna Halduskohus (Tallinn Administrative Court) has referred to the Court of Justice for a prelimina...