Tipo de documentos
Año
Fecha: 01-May-2010
(Reference for a preliminary ruling from the Sozialgericht Würzburg) (Social security for migrant workers – Regulation (EC) No987/2009 – Article44(2) – Examination of entitlement to old-age pension – Taking into account of child-raising periods completed in another Member State – Applicability – Article 21 TFEU – Free movement of citizens) Summary ...
Fecha: 18-May-2010
(Reference for a preliminary ruling from the Bundesgerichtshof (Germany)) (Consumer protection – Sale of consumer goods – Article 3(2) and (3) of Directive 1999/44/EC – Consumer goods not in conformity with the contract installed by the consumer – Right to replacement of goods not in conformity – Scope – No liability of the seller for the costs inc...
Fecha: 18-May-2010
(Reference for a preliminary ruling from the Amtsgericht Schorndorf (Germany)) (Consumer protection – Sale of consumer goods – Article 3(2) and (3) of Directive 1999/44/EC – Consumer goods not in conformity with the contract installed by the consumer – Right to replacement of goods not in conformity – Scope – No liability of the seller for costs in...
Fecha: 06-May-2010
(Reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain)) (Social policy – Equal treatment for men and women – Breastfeeding leave) I–Introduction 1.This reference for a preliminary ruling provides the Court with an opportunity to set out its case-law on the principle of non-discrimination on grounds of sex. 2.U...
Fecha: 18-May-2010
Directive 2006/123 7.Directive 2006/123 was adopted on the basis of the first and third sentences of Article 47(2) EC and Article 55 EC. 8.Recital 2 in the preamble to Directive 2006/123 is worded as follows: ‘A competitive market in services is essential in order to promote economic growth and create jobs in the European Union. At present numerous...
Fecha: 06-May-2010
European Union law 2.Recital 3 to Directive 2001/23 states that ‘it is necessary to provide for the protection of employees in the event of a change of employer, in particular, to ensure that their rights are safeguarded’. 3.Recital 5 recalls that ‘the Community Charter of the Fundamental Social Rights of Workers adopted on 9 December 1989 (“Social...
Fecha: 20-May-2010
Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Non-civilian personnel in public authorities – 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-May-2010
(Failure of a Member State to fulfil obligations— Energy policy— Energy performance of buildings— Directive 2010/31/EU— Article5(2)— Report on cost-optimal levels) 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...
Fecha: 11-May-2010
(Reference for a preliminary ruling from the Court of Appeal of England and Wales (United Kingdom)) (Directive 2004/38/EC – Right of Union citizens to reside in the territory of the Member States – Article 16(1) – Right of permanent residence – Residence for a continuous period of five years – Taking into account periods of time before expiry of th...
Fecha: 20-May-2010
Failure of a Member State to fulfil obligations – VAT – Directive 2006/112/EC – Articles 78, 79, 83 and 86 – Taxable amount – Sale of a car – Inclusion in the taxable amount of a duty applicable to non-registered cars Tax provisions – Harmonisation of laws – Turnover taxes – Common system of value added tax – Taxable amount (Council Directive 2006/...
Fecha: 20-May-2010
2.The referring court seeks a ruling on the interpretation of Articles 2(4), 20 and 21 et seq. of the ‘Brussels II bis’ (or ‘IIa’) Regulation.(2) Other parts of the Regulation are, however, also relevant. Preamble 3.The preamble to the Regulation contains, inter alia, the following recitals: ‘(2)The Tampere European Council endorsed the principle o...
Fecha: 06-May-2010
Appeal – Article 119 of the Rules of Procedure – Application seeking to have the Commission bring infringement proceedings – Application for directions addressed to the Commission – Adoption of measures intended to ensure equal treatment for handicapped persons in the sphere of employment – Clear inadmissibility of the appeal Appeals – Grounds – Me...
Fecha: 06-May-2010
(Appeal – Community trade mark – Sign consisting of one letter – Absolute grounds for refusal of registration – Regulation (EC) No 40/94 – Article 7(1)(b) – Distinctive character – Method of assessment – Examination, based on the facts, in relation to the goods or services specified in the application for registration) 1.Is it possible for the Offi...
Fecha: 06-May-2010
Failure of a Member State to fulfil obligations – Taxation – VAT – International carriage of persons – Flat-rate taxation of transporters domiciled outside the national territory 1.Member States – Obligations – Failure to fulfil obligations – Justification (Art. 226 EC) (see para 18) 2.Actions for failure to fulfil obligations – Right of the Commis...
Fecha: 06-May-2010
(Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) (United Kingdom)) (Directive 98/70/EC – Quality of petrol and diesel fuels – Directive 2009/30/EC – Use of metallic additives in fuels – Limit for methylcyclopentadienyl-manganese-tricarbonyl (MMT) – Validity – Prop...
Fecha: 12-May-2010
Appeal – European Social Fund – Financial assistance – Cancellation 1.Appeals – Grounds – Claims unsupported by any specific plea in law – Inadmissibility (Art. 225(1)(2) EC; Statute of the Court of Justice, Art. 58(1); Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 33-36) 2.Appeals – Grounds – Mistaken assessment of the fac...
Fecha: 12-May-2010
Appeal – Non-contractual liability – Proof of Community origin of products fished by a vessel owned by a company registered under Greek law – Failure to adopt provisions permitting the customs authorities of the Member States to accept documents issued by a non-Member State, other than form T2M 1.Non-contractual liability – Conditions – Legislative...
Fecha: 11-May-2010
(Reference for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain)) (Directive 2001/29/EC – Copyright and related rights – Article 2 – Reproduction right – Article 5(2)(b) – Exceptions and limitations – Fair compensation – Scope – Levy system in respect of digital reproduction equipment, devices and media) I–Introduction 1.The i...
Fecha: 06-May-2010
(Reference for a preliminary ruling from the Danish Vestre Landsret) (Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Distinction between direct and indirect discrimination – Severance allowance – Refusal of entitlement to a severance allowance where there is an entitlement to ...
Fecha: 06-May-2010
Appeal – Article 119 of the Rules of Procedure of the Court of Justice – Commission’s failure to bring infringement proceedings against the Republic of Bulgaria – Bulgarian Government’s failure to act in a dispute involving internal law – Compensation for the damage supposedly sustained by reason of those failures – Appeal clearly inadmissible Appe...