(Case C‑417/08

Fecha: 18-Jun-2009

Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability with regard to the prevention and remedying of environmental damage – Failure to transpose 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 ...

(Case C‑422/08

Fecha: 18-Jun-2009

Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Environmental liability – Prevention and remedying of environmental damage – 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 ...

(Case C‑427/08

Fecha: 04-Jun-2009

Failure of a Member State to fulfil obligations – Directive 2006/100/EC – 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 reasoned opinion (Art. 226 EC) (see para. 9) ...

(Case C‑490/08

Fecha: 30-Jun-2009

Failure of Member State to fulfil obligations – Directive 2005/68/EC – Reinsurance – Failure to adopt 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...

Case C‑536/07

Fecha: 04-Jun-2009

(Failure of a Member State to fulfil obligations – Article 226 EC – Public procurement – Directive 93/37/EEC – Procedures for the award of public works contracts – Trade fair organisations – Lease entered into by a contracting authority governing premises after construction – Use of the premises by a trade fair organisation – Underlease entered int...

(Case C‑546/08

Fecha: 11-Jun-2009

Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – 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 conside...

(Case C‑555/08

Fecha: 04-Jun-2009

Failure of a Member State to fulfil obligations – Directive 2005/56/EC – Cross-border mergers of limited liability companies – 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 i...

(Case C‑564/07

Fecha: 11-Jun-2009

Failure of a Member State to fulfil obligations – Article 49 EC – Freedom to provide services – Patent lawyers – Obligation to take out professional indemnity insurance – Obligation to appoint an approved agent in the Member State in which the services are to be performed 1.Actions for failure to fulfil obligations – Examination of the merits by th...

(Case C‑580/08

Fecha: 25-Jun-2009

Appeal in part manifestly inadmissible and in part manifestly unfounded – European Ombudsman – Decision to take no further action on a complaint of maladministration – Action for annulment – Dismissal on the grounds of manifest inadmissibility and manifest lack of jurisdiction – Challenge 1.Appeals – Grounds – Order of the Court of First Instance d...

Case C‑73/08

Fecha: 25-Jun-2009

International law 4.Article 2(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR)(4) provides: ‘The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to … national or social origin …’ 5.Article 13(2)(c...

Case F-11/08

Fecha: 04-Jun-2009

1.Officials – Europol staff – Recruitment – Decision of the Director of Europol concerning the Staff Regulations – Expression ‘any Europol post’ (Staff Regulations applicable to Europol employees, Annex1) 2.Community law – Interpretation – Methods – Literal and logical interpretation 1.It follows from the textual interpretation of Article 2.4 of th...

Case F-12/08

Fecha: 09-Jun-2009

1.Officials – Remuneration – Expatriation allowance – Purpose – Conditions for granting – No habitual residence or main occupation at the place of employment prior to taking up appointment – Concept (Staff Regulations, AnnexVII, Art.4(1)(a)) 2.Officials – Actions – Pleas in law – Plea based on the unlawfulness of the official’s recruitment procedur...

Case F-142/07

Fecha: 04-Jun-2009

Officials – Actions – Amicable settlement before the Civil Service Tribunal – Removal from the register (Rules of Procedure of the Civil Service Tribunal, Arts69 and74) ...

Case F-43/08

Fecha: 18-Jun-2009

Officials – Europol staff – Recruitment – Candidate chosen by the selection committee not satisfying the criteria set out in the notice of vacancy Although the Director of the European Police Office (Europol) does not have the power, under the principle of the independence of selection boards in competitions, to annul or amend a decision of a selec...

Case F-52/08

Fecha: 04-Jun-2009

Officials – Organisation of departments – Assignment of staff – Administration's discretion (Staff Regulations, Arts7(1), 101a and AnnexX) The institutions have a wide discretion to organise their departments to suit the tasks entrusted to them and to assign the staff available to them in the light of such tasks, provided the staff are assigned in ...

Case F-56/08

Fecha: 04-Jun-2009

1.Action for annulment – Actionable measures – Definition – Measures capable of affecting a given legal position – Action brought solely against the statement of reasons for a measure – Inadmissibility (Art.230EC) 2.Officials – Actions – Prior administrative complaint – None– Inadmissibility (Staff Regulations, Arts90 and91) 1.Only measures which g...

Case F-65/08

Fecha: 12-Jun-2009

Officials – Actions – Interest in bringing proceedings – Assessment as at the date on which the action is brought – Contested decision rescinded A party’s interest in bringing proceedings must exist at the stage of lodging the action, failing which it will be inadmissible. An action for annulment brought against a decision which had been rescinded ...

Case F-67/08

Fecha: 12-Jun-2009

Officials – Actions – Interest in bringing proceedings – Assessment as at the date on which the action is brought – Contested decision rescinded A party’s interest in bringing proceedings must exist at the stage of lodging the action, failing which it will be inadmissible. An action for annulment brought against a decision which had been rescinded ...

Case F-68/08

Fecha: 12-Jun-2009

Officials – Actions – Interest in bringing proceedings – Assessment as at the date on which the action is brought – Contested decision rescinded A party’s interest in bringing proceedings must exist at the stage of lodging the action, failing which it will be inadmissible. An action for annulment brought against a decision which had been rescinded ...

Case F-69/08

Fecha: 12-Jun-2009

Officials – Actions – Interest in bringing proceedings – Assessment as at the date on which the action is brought – Contested decision rescinded A party’s interest in bringing proceedings must exist at the stage of lodging the action, failing which it will be inadmissible. An action for annulment brought against a decision which had been rescinded ...