Tipo de documentos
Año
Fecha: 14-Oct-2010
Reference for a preliminary ruling – No need to adjudicate References for a preliminary ruling – No need to adjudicate (Art. 267 TFEU) (see paras 15-17, operative part) Re: Reference for a preliminary ruling – Landessozialgericht Berlin-Brandenburg – Interpretation of Articles 18 EC, 49 EC and 50 EC and Article 34(4) and (5) of Council Regulation (...
Fecha: 26-Oct-2010
(Appeals – Competition – Concerted practices on the stainless steel flat products market – Annulment of a Commission decision – Adoption of a new decision following expiry of the ECSC Treaty – Choice of legal basis – Continuity of the Community legal order and coherence of the Treaties – Principles governing temporal application of the law – Princi...
Fecha: 28-Oct-2010
3.Regulation No2037/2000 forms part of a series of regulations(4) by which the Community has met its obligations under the Vienna Convention for the protection of the ozone layer(5) and the Montreal Protocol on substances that deplete the ozone layer,(6) of which it is a signatory.(7) In spite of the fact that that regulation is no longer in force,...
Fecha: 14-Oct-2010
(Reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic)) (Intellectual property – Directive 91/250/CEE – Legal protection of computer programs – Concept of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user interface – Copyright – Directive 2001/29/EC – Copyrights and ...
Fecha: 07-Oct-2010
Treaty provisions 3.Article 43 EC provides: ‘Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nati...
Fecha: 05-Oct-2010
(VAT – Reduced rate – Supply, importation and acquisition of certain live animals (in particular, horses) which are not intended for the preparation or production of foodstuffs for human or animal consumption) 1.European Union legislation on value added tax (‘VAT’) allows Member States to apply a reduced rate to various supplies of services and sup...
Fecha: 28-Oct-2010
Failure of a Member State to fulfil obligations – Direct insurance other than life assurance – Directives 73/239/EEC and 92/49/EEC – Mutual societies active in the supplementary sickness insurance market – Incorrect or incomplete transposition Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken...
Fecha: 26-Oct-2010
(Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain)) (Social policy – Directive 2001/23/EC – Article 1(1)(a) and (b) – Transfers of undertakings – Safeguarding of employees’ rights – Scope – Concept of ‘transfer’ – Existence of an ‘economic entity’ – Taking over of cleaning services in a public b...
Fecha: 07-Oct-2010
Failure of a Member State to fulfil obligations – Environment – Directive 2008/1/EC – Integrated pollution prevention and control – Requirements for the granting of permits for existing installations – Failure to transpose within the prescribed period 1.Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation t...
Fecha: 14-Oct-2010
(Reference for a preliminary ruling from the Tribunal administratif de Paris (France)) (Environment policy – Directive 2003/87/EC – Greenhouse gas emission allowance trading – Regulation (EC) No 2216/2004 – Community system of registries – Directive 2003/4/EC – Access to environmental information – Access to information on greenhouse gas emission t...
Fecha: 04-Oct-2010
Appeal – Action for non-contractual liability – Loss of an opportunity for recruitment – Abuse of process – Appeal in part manifestly inadmissible and in part manifestly unfounded 1.Actions for damages – Autonomy in relation to the action for annulment – Action seeking the withdrawal of an individual decision that has become definitive – Inadmissib...
Fecha: 06-Oct-2010
First subparagraph of Article 104(3) of the Rules of Procedure – Article 49 TFEU – Freedom of establishment – Public health – Pharmacies – Proximity – Provision of medicinal products to the public – Operating licence – Territorial distribution of pharmacies – Establishment of limits based on population density – Minimum distance between pharmacies ...
Fecha: 22-Oct-2010
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Word sign ‘Kids Vits’ – Opposition by the proprietor of the Community word mark VITS4KIDS – Level of attention of the relevant public – Likelihood of confusion – Similarity of the signs – Right to be heard 1.Appeals – Formal requirements – Proof that the authority granted ...
Fecha: 28-Oct-2010
1.Officials — Recruitment — Appointment in grade — Introduction of a new career structure by Regulation No 723/2004 — Transitional provisions on classification in grade (Staff Regulations, Annex XIII, Arts 5(2) and 12(3); Council Regulation No 723/2004) 2.Officials — Recruitment — Appointment in grade — Introduction of a new career structure by Reg...
Fecha: 06-Oct-2010
1.Officials — Actions — Action against a decision rejecting a complaint — Admissibility (Staff Regulations, Arts90 and91) 2.Officials — Actions — Act adversely affecting an official — Definition — Holding response from the administration at an official’s request — Not included (Staff Regulations, Arts90 and91) 1.Where, in addition to the annulment ...
Fecha: 28-Oct-2010
1.Officials — Staff of the European Central Bank — Actions — Act adversely affecting an official — Definition — Decision to appoint on an acting basis not directly and immediately affecting the applicant’s interests — Not included (Protocol on the Statute of the European System of Central Banks and of the European Central Bank, Art.36.2; Staff Regu...
Fecha: 26-Oct-2010
1.Officials — Actions — Action against a decision rejecting a complaint — Admissibility (Staff Regulations, Arts90 and91; Conditions of Employment of Other Servants, Art.117) 2.Officials — Actions — Conditions for admissibility — Proper observance of the preliminary administrative procedure (Staff Regulations, Arts90 and91; Conditions of Employment...
Fecha: 28-Oct-2010
Officials — Recruitment — Classification in grade — Member of the local staff appointed as an official following an internal competition (Staff Regulations, Art.31; AnnexXIII, Art.10; Conditions of Employment of Other Servants, Arts1(1) and 3) The principle of equal treatment is not infringed provided that differences in treatment between different...
Fecha: 12-Oct-2010
Officials — Pensions — Retirement pension — Payment (Staff Regulations, AnnexesVII, Art.17, andVIII, Art.45, third para.) Retired officials and officials in active service are treated differently as regards the payment of amounts due. Whereas, under the third paragraph of Article 45 of Annex VIII to the Staff Regulations, all benefits paid to pensi...
Fecha: 28-Oct-2010
1.Officials — Contract staff — Recruitment — Classification in grade — Account taken of professional experience — Contracting authority’s discretion — Judicial review — Limits (Conditions of Employment of Other Servants, Art. 86(1)) 2.Officials — Contract staff — Recruitment — Classification in grade — Account taken of professional experience (Cond...