Tipo de documentos
Año
Fecha: 25-Feb-2010
(Failure to fulfil obligations – Freedom to provide services – Reimbursement of medical expenses incurred abroad – Unplanned medical treatment received in another Member State – Article22(1)(a) of Regulation No1408/71) 1.In these proceedings the Commission of the European Communities has brought an action before the Court of Justice under Article22...
Fecha: 04-Feb-2010
Management of waste from extractive industries – Failure to transpose or to communicate national transposition measures 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: Fa...
Fecha: 23-Feb-2010
(Appeals – State aid – Aid granted by the French authorities to Scott Paper – Land at a preferential price and application of the water treatment levy at a preferential rate for the purposes of the construction of a manufacturing plant for the production of paper for household use) I–Introduction 1.This is not the first time that the Court has been...
Fecha: 25-Feb-2010
Failure of a Member State to fulfil obligations – Directive 2006/43/EC – Company law – Statutory audits of annual accounts and consolidated accounts – 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...
Fecha: 25-Feb-2010
Failure of a Member State to fulfil obligations – Directive 2006/43/EC – Company law – Statutory audits of annual accounts and consolidated accounts – 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 o...
Fecha: 05-Feb-2010
Appeal – Action brought by a natural or legal person against a Member State – Court of First Instance manifestly lacking jurisdiction Procedure – Action brought by a natural or legal person to establish an infringement of Community law by a Member State – Community judicature manifestly lacking jurisdiction – Inadmissibility (Art. 225 EC et seq.; S...
Fecha: 11-Feb-2010
(Appeal – Competition – Cartel – Plasterboard market – Infringement of Article 81EC – Administrative procedure – Infringement of the rights of the defence – Access to the file – Refusal to communicate incriminating evidence – Refusal to communicate exculpatory evidence – Agreements and concerted practices constituting a single infringement – Infrin...
Fecha: 12-Feb-2010
Definition of ‘national jurisdiction’ – Manifest lack of jurisdiction Preliminary rulings – Reference to the Court – National court or tribunal for the purposes of Article 234 EC – Meaning – To be determined on the basis of criteria relating to that body’s constitution and function – Municipal body – No judicial function (Art. 234 EC) (see paras 4-...
Fecha: 11-Feb-2010
(Appeal – Competition – Cartel – Plasterboard market – Infringement of Article 81EC – Distortion of facts – Burden of proof – Obligation to state reasons – Principle of equal treatment – Principle of proportionality – Calculation of starting amount of fine – Repeated infringement – Increase of fine – Deterrent effect) I–Introduction 1.By its appeal...
Fecha: 04-Feb-2010
(Reference for a preliminary ruling from the Oberlandesgericht Oldenburg (Germany)) (Common agricultural policy – Single payment scheme – Regulation (EC) No 1782/2003 – Transfer of payment entitlements) 1.This reference for a preliminary ruling from the Oberlandesgericht Oldenburg (Oldenburg Higher Regional Court) (Germany) concerns the interpretat...
Fecha: 11-Feb-2010
(Directive 2006/112/EC on the common system of value added tax – Reduced rate of VAT – Categories of services referred to in point 15 of Annex III to which a reduced rate may be applied – Services provided by avocats and comparable lawyers for which they are paid by the French State under the legal aid scheme) I–Introduction 1.The French Republic h...
Fecha: 11-Feb-2010
Failure of a Member State to fulfil obligations – Directive 2005/71/EC – Specific procedure for admitting third-country nationals for the purposes of scientific research – Failure to transpose within the prescribed period 1.Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justif...
Fecha: 25-Feb-2010
Preliminary rulings – Inadmissibility Preliminary rulings – Admissibility – Questions referred without sufficient information on the factual and legislative context (Art. 234 EC; Statute of the Court of Justice, Art. 23) (see paras 14-16) Re: Reference for a preliminary ruling – Tribunal Judicial da Comarca do Porto – Interpretation of Articles 43,...
Fecha: 10-Feb-2010
(Reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) (Internet – .eu Top Level Domain – Regulation (EC) No874/2004 – Article 21 – Registration of a domain by the proprietor of a national trade mark acquired for the sole purpose of enabling that registration to take place during the first phase of phased registration – Notion...
Fecha: 11-Feb-2010
(Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) (United Kingdom of Great Britain and Northern Ireland)) (Directive 2001/83/EC – Article 94 – Financial inducements to medical practices which prescribe certain medicinal products to their patients – Public health au...
Fecha: 23-Feb-2010
[Reference for a preliminary ruling from the Landesgericht Linz (Austria)] (Freedom of establishment – Games of chance – System for granting concessions to operate games of chance in casinos – Possibility of obtaining a concession available only to public limited companies established in national territory – Consistency of national policy in the fi...
Fecha: 25-Feb-2010
(Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania)) (Regulation (EEC) No 1768/92 – Medicinal products – Supplementary protection certificate – Act of Accession of the Republic of Lithuania to the European Union– Transitional measures for the Republic of Lithuania relating solely to medicinal products having obt...
Fecha: 05-Feb-2010
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(c) – Refusal to register – Word mark Patentconsult – Absolute ground for refusal – Descriptive character – Appeal in part manifestly inadmissible and in part manifestly unfounded 1.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of J...
Fecha: 01-Feb-2010
(Reference for a preliminary ruling from the Tribunale di Vicenza) (Council Regulation (EC) No 44/2001 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 5(1)(b) of Regulation (EC) No 44/2001 – Place where, under the contract, the goods sold were delivered or should have been delivered – Commer...
Fecha: 04-Feb-2010
1.Officials — Actions — Act adversely affecting an official — Decision adopted after reconsideration of a previous decision (Staff Regulations, Arts90(2) and91(1)) 2.Acts of the institutions — Presumption of legality — Information calling legality of an act into question 1.When a candidate whose request to be admitted to a Community competition has...