Tipo de documentos
Año
Fecha: 16-Jul-2009
Treaty provisions 2.Article 39 EC secures freedom of movement for workers within the Community. It prohibits any discrimination based on nationality as regards employment, remuneration and other conditions of work and employment. Furthermore, it entails the right (subject to limitations justified on grounds of public policy, public security or publ...
Fecha: 09-Jul-2009
The Habitats Directive 7.The third recital in the preamble to the Habitats Directive states: ‘… the main aim of this Directive being to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements, this Directive makes a contribution to the general objective of sustainable development; … the mainte...
Fecha: 16-Jul-2009
Failure of Member State to fulfil obligations – Sixth VAT Directive – Article 17 – Eighth Directive 79/1072/EEC – Article 1 – Thirteenth Directive 86/560/EEC – Article 1 – Refund or deduction of VAT – Taxable person established in another Member State or in a non-Member State, but having a fixed establishment in the Member State concerned Tax provi...
Fecha: 07-Jul-2009
(Action for failure to fulfil obligations – VAT – Definition of economic activity – Public and private legal aid services – Payment according to income – Public authority – Distortion of competition) I–Introduction 1.In the year 2002, the Republic of Finland decided to extend free legal aid, which had traditionally been afforded to citizens with lo...
Fecha: 02-Jul-2009
(Reference for a preliminary ruling from the Högsta Domstolen (Sweden)) (Directive 85/337/EEC – Environmental impact assessment – Aarhus Convention – Directive 2003/35/EC – Access to justice – Whether non-governmental organisations for the protection of the environment have standing to bring proceedings – Definition of ‘the public concerned’ – Nati...
Fecha: 09-Jul-2009
(Reference for a preliminary ruling from the Unabhängiger Finanzsenat (Austria)) 1.The present case concerns the interpretation of Article 4(1) and (2) of the Sixth VAT Directive.(2) The referring court wishes to know whether certain financial transactions carried out by a political party constitute economic activities for the purposes of that dire...
Fecha: 09-Jul-2009
Failure of a Member State to fulfil obligations – Directive 2004/83/EC – Right of asylum – Failure to transpose within the prescribed period 1.Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative action (Art. 249 EC) (see paras 8-9) 2.Member States – Obligations – Implementation ...
Fecha: 01-Jul-2009
Appeal – Contract for Community financing of a research project – Arbitration clause – Action brought by a person not party to that contract – Lack of jurisdiction of the Court of First Instance Appeals – Grounds – Error of law relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of P...
Fecha: 16-Jul-2009
(Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain)) (Directive 98/59/EC – Collective redundancies – Meaning – Termination of an employment contract following the death, retirement or incapacity of the employer) 1.By order of 14 July 2008, the Tribunal Superior de Justicia de Madrid (High Court of Justice, Mad...
Fecha: 16-Jul-2009
Community law 4.Article 39 EC secures freedom of movement for workers within the Community. Such freedom entails in particular the right, subject to limitations justified on grounds of public policy, public security or public health, (a) to accept offers of employment actually made, (b) to move freely within the territory of Member States for that ...
Fecha: 16-Jul-2009
(Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) (Directive 90/434/EEC – Common tax system applicable to mergers, divisions, transfers of assets and exchanges of shares – Supererogatory transposition of directives – Tax avoidance – Prohibition of abuse – Proportionality) I–Introduction 1.These preliminary-ruling...
Fecha: 10-Jul-2009
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Word mark QUARTZ – Opposition by the proprietor of the Community figurative mark QUARTZ – Refusal to register – Similarity between goods – Likelihood of confusion – Appeal clearly inadmissible Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibi...
Fecha: 09-Jul-2009
Article 104(3), first subparagraph, of the Rules of Procedure – Driving licence – Directive 91/439/EEC – Withdrawal of national licence for drunk driving – Failure to produce a medical-psychological certificate required in order to obtain a new licence in the host Member State – Licence issued in another Member State – Verification by the host Memb...
Fecha: 02-Jul-2009
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Right of establishment – Recognition of professional qualifications – 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...
Fecha: 09-Jul-2009
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – 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 r...
Fecha: 16-Jul-2009
Appeal – Non-contractual liability of the Community – Commission Decision rejecting a complaint brought against Eurocontrol – Actual and certain damage 1.Non-contractual liability – Conditions – Causal link – Préjudice constitué par les frais afférents à la procédure précontentieuse (Art. 288, second para., EC; Rules of Procedure of the Court of Fi...
Fecha: 09-Jul-2009
First subparagraph of Article 104(3) of the Rules of Procedure – Sixth VAT Directive – Article 10(1) and (2) – Recovery of tax improperly deducted – Starting point of the limitation period Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Recovery of tax – Limitation period (Council Directive 77/388, Art. ...
Fecha: 09-Jul-2009
Appeal – Action for annulment – Time-limit for bringing an action – Point from which time starts to run – Inadmissibility because out of time – Appeal manifestly unfounded Actions for annulment – Time-limits – Point from which time starts to run – Day on which a measure came to the knowledge of the applicant – Subsidiary matter (Art. 230, fifth par...
Fecha: 16-Jul-2009
(Failure of a Member State to fulfil obligations – Free movement of capital – Article56 EC – Article31 and Article40 of the EEA Agreement – Direct Taxation – Withholding tax on outgoing dividends – Credit at the seat of the dividend recipient under a double taxation convention) I–Introduction 1.In these proceedings the Commission is objecting to th...
Fecha: 16-Jul-2009
Failure of a Member State to fulfil obligations – Value added tax – Directive 2006/112/EC – Articles 2, 9 and 13 – Economic activity in which the State, local authorities and other bodies governed by public law engage – Exemption Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Taxable persons – Bodies go...