Tipo de documentos
Año
Fecha: 24-Abr-2009
Article 104(3), first paragraph, of the Rules of Procedure – Social Policy – Directive 1999/70/EC – Clauses 5 and 8 of the Framework Agreement on fixed‑term work – Public sector fixed‑term employment contracts – Successive contracts – Reduction in the general level of protection of workers – Measures intended to prevent abuse – Penalties – Absolute...
Fecha: 30-Abr-2009
(Appeal – Competition – Agreements, decisions and concerted practices – European haberdashery and needle market – Market-sharing agreements – Infringement of the rights of the defence – Obligation to state reasons – Guidelines on the method of setting fines – Gravity of the infringement – Implementation of the cartel – Actual impact on the market) ...
Fecha: 02-Abr-2009
(Reference for a preliminary ruling from the Tribunale di Napoli (Italy)) (Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987/EEC – Obligation to pay claims resulting from an employment relationship up to a certain ceiling – Legal nature of employees’ claims against th...
Fecha: 23-Abr-2009
(Reference for a preliminary ruling from the Hoge Raad der Nederlanden) (Regulation (EEC) No918/83 setting up a Community system of reliefs from customs duty – Relief from import duties – Consignments of goods of negligible value – Consignments dispatched direct from a third country to a consignee in the Community) I–Introduction 1.By this order fo...
Fecha: 23-Abr-2009
(Appeal – Competition – Cartels – Article81(1) EC, Article53(1) of the EEA Agreement and Article23(2) of Regulation (EC) No 1/2003 – Group of undertakings – Attributability of infringements – Parent company’s liability for its subsidiaries’ cartel offences – Exertion of decisive influence by the parent company – Rebuttable presumption in the case o...
Fecha: 28-Abr-2009
1.Officials – Actions – Action against a measure of general application (Art.236EC; Staff Regulations, Art.90) 2.Officials – Equal treatment – Limits – Advantage unlawfully granted – Refusal to grant a fixed allowance to an official despite that allowance being paid to other officials in a comparable situation 1.The Civil Service Tribunal does not ...
Fecha: 02-Abr-2009
1.Officials – Secondment in the interests of the service (Staff Regulations, Art.37, first para., (a), second indent) 2.Officials – Actions – Interest in bringing proceedings – Action brought against the rejection of an application for a post of Head of Representation at the Commission – Application rejected at the pre-selection stage – Admissibili...
Fecha: 02-Abr-2009
1.Officials – Secondment in the interests of the service (Staff Regulations, Art.37, first para., (a), second indent) 2.Officials – Actions – Interest in bringing proceedings – Action brought against the rejection of an application for a post of Head of Representation at the Commission – Application rejected on the basis of an inappropriate procedu...
Fecha: 02-Abr-2009
1.Officials – Secondment in the interests of the service (Staff Regulations, Art.37, first para., (a), second indent) 2.Officials – Actions – Interest in bringing proceedings – Action brought against the rejection of an application for a post of Head of Representation at the Commission – Application rejected at the pre-selection stage – Admissibili...
Fecha: 30-Abr-2009
Procedure – Request complied with after action was brought (Rules of Procedure of the Civil Service Tribunal, Art.75) The Community judicature is entitled to assess, depending on the circumstances of each individual case, whether the proper administration of justice justifies the rejection on the merits of an action for annulment or, by analogy, th...
Fecha: 30-Abr-2009
1.Officials – Conditions of Employment of Other Servants – Auxiliary staff – Session auxiliairies of the Parliament subject to Article 78 of the Conditions of Employment of Other Servants (Art.283EC; Conditions of Employment of Other Servants, Arts3a, 3b and 78) 2.Acts of the institutions – Directives – Direct imposition of obligations on the Commu...
Fecha: 28-Abr-2009
1.Officials – Actions – Act adversely affecting an official – Decision by the European Anti-Fraud Office (OLAF) to forward information to national judicial authorities – Included (Staff Regulations, Art.90a; European Parliament and Council Regulation No1073/1999, Art.10(2)) 2.Officials – Actions – Action against by the European Anti-Fraud Office (O...
Fecha: 21-Abr-2009
Community trade mark – Invalidity proceedings – Community word mark 5 HTP – Absolute ground for refusal – Signs or indications which have become customary – Article 7(1)(d) of Regulation (EC) No 207/2009 – Distinctive character acquired by use – Article 52(2) of Regulation No 207/2009 1.Community trade mark – Definition and acquisition of the Commu...
Fecha: 22-Abr-2009
Action for annulment – Regulation (EC) No 248/2008 – Milk quota scheme – Increase in national milk quotas – Applicants not individually concerned –Inadmissible 1.Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them –Regulation modifyingnational quotas for milk – Measure of general scope – Action by mi...
Fecha: 27-Abr-2009
1.Procedure – Service – Service by fax – Malfunction of addressee’s fax machine – Use of postal service notified by telephone (Rules of Procedure of the Civil Service Tribunal, Art.99(1), first indent, and(2)) 2.Procedure – Service – Service by fax – Malfunction of addressee’s fax machine – Use of postal service not notified by telephone (Rules of ...
Fecha: 01-Abr-2009
Action for damages – Limitation period – Inadmissibility Actions for damages – Limitation period – Point from which time starts to run – Liability as the result of an individual measure – Date on which the injurious effects of the measure are produced (Art. 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53, first para.) (see pa...
Fecha: 30-Abr-2009
EAGGF – Guarantee Section – Expenditure excluded from Community financing – Compensatory aid for banana producers – Irregularities in quality controls – Type of financial correction applied – Proportionality 1.Agriculture – EAGGF – Clearance of accounts (Council Regulation No729/70, Art. 5(2)(c), and No 1258/1999, Art. 7(4)) (see paras 42-43, 65-66...
Fecha: 28-Abr-2009
Community trade mark – Application for Community figurative mark representing a left pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for ...
Fecha: 28-Abr-2009
Community trade mark – Application for Community figurative mark representing a right pocket – Absolute ground for refusal – Absence of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Action manifestly devoid of any legal basis Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for...
Fecha: 22-Abr-2009
Public procurement – Declaration of a serious breach of contract – Article 93(1)(f) of Regulation (EC, Euratom) No 1605/2002 – Action for annulment – Error of law – Jurisdiction of the Court of First Instance – Legal interest in bringing proceedings – Admissibility – Misuse of powers – Manifest error of assessment – Statement of reasons – Rights of...