Tipo de documentos
Año
Fecha: 20-Oct-2011
El Acuerdo de AsociaciónCEE-Turquía 3.El Acuerdo por el que se crea una Asociación entre laCEE y Turquía (en lo sucesivo, «Acuerdo de Asociación»)(3) se celebró en1963. El artículo 12 del mismo dispone que: «Las Partes Contratantes acuerdan basarse en los artículos [45TFUE, 46TFUE y 47TFUE] para llevar a cabo gradualmente, entre ellas, la libre cir...
Fecha: 17-Oct-2011
Appeal – Intervention – Interest in the result of the case 1.Procedure – Intervention – Conditions governing admissibility – Interest in the result of the case – Proceedings concerning the validity of a regulation imposing an anti-dumping duty – Necessity of establishing a present, direct, certain interest (Art. 230 EC; Statute of the Court of Just...
Fecha: 03-Oct-2011
Language of the case: German Referring court Landesgericht für Zivilrechtssachen Graz Parties to the main proceedings Applicant: NK Defendants: Msand AS Questions referred Is a contract between an architect and a consumer, according to which the architect is required (only) to carry out the planning for the construction of a new single-family house...
Fecha: 06-Oct-2011
Appeal – Formal requirements – Representation by a lawyer – Manifest inadmissibility Procedure – Application initiating proceedings – Formal requirements – Application lodged without the assistance of a lawyer – Putting in order by means of a later application – Not permissible – No breach of the right to an effective remedy, of the right to access...
Fecha: 01-Oct-2011
Language of the case: German Referring court Bundesgerichtshof Parties to the main proceedings Applicant: EIS GmbH Defendant: TO Questions referred Is a telephone number ‘available’ within the meaning of the instructions for completion for model instructions on withdrawal set out in Annex I.A to Directive 2011/83/EU1 if the trader specifies the tel...
Fecha: 04-Oct-2011
Appeal – Non-contractual liability – Causal link – Appeal in part inadmissible and in part unfounded – Article 119 of the Rules of Procedure 1.Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras...
Fecha: 17-Oct-2011
Appeal – Intervention – Interest in the result of the case 1.Procedure – Intervention – Community law – Interest in the result of a case – Proceedings concerning the validity of a regulation imposing an anti-dumping duty – Necessary to establish a present, direct and certain interest (Art. 230 EC; Statute of the Court of Justice, Art. 40, second pa...
Fecha: 06-Oct-2011
Failure of a Member State to fulfil obligations – State Aid – Aid to firms in Venice and Chioggia – Reductions of social security contributions – Recovery 1.State aid – Recovery of unlawful aid – Application of national law – Conditions – Setting in motion a procedure ensuring that effect is immediately and effectively given to the Commission’s dec...
Fecha: 27-Oct-2011
Failure of a Member State to fulfil obligations – Directive 2007/46/EC – Approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Failure to transpose within the period prescribed – Incomplete transposition 1.Member States – Obligations – Implementation of directives – Failu...
Fecha: 27-Oct-2011
Failure of a Member State to fulfil obligations – Directive 2003/98/EC – Re-use of public sector information – Incorrect transposition of or failure to transpose certain articles within the period prescribed 1.Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative action – Conditio...
Fecha: 13-Oct-2011
Failure of a Member State to fulfil obligations – State aid – Aid for New Interline SpA – Recovery 1.Actions for failure to fulfil obligations – Failure to comply with a Commission decision concerning State aid – Duty to recover the aid granted – Period within which the aid is to be recovered (Arts 88(2) EC, 226 EC and 249 EC) (see paras 34, 37) 2....
Fecha: 26-Oct-2011
Appeal – Action for failure to act – Letter addressed to the Parliament and Commission – Response – Decision to take no further action – Appeal manifestly unfounded and manifestly inadmissible 1.Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based (Statute of the ...
Fecha: 20-Oct-2011
Failure to fulfil obligations – State aid – Aid granted to fish farmers and fishermen – Decision declaring that aid incompatible with the common market – Obligation to recover immediately the aid declared unlawful and incompatible and to inform the Commission – Non-implementation – Absolute impossibility of implementation 1.State aid – Recovery of ...
Fecha: 13-Oct-2011
Appeal – Public service contracts – Management and maintenance of the ‘Your Europe’ portal – Rejection of the tender – Regulations (EC, Euratom) No 1605/2002 and No 2342/2002 – Full copy of the evaluation report – Principles of transparency and equal treatment – Rights to good administration and to a fair hearing – Errors of law – Distortion of the...
Fecha: 27-Oct-2011
Failure of a Member State to fulfil obligations – Directives 92/50/EEC and 2004/18/EC – Public service contracts – Additional land registry and town planning services – Negotiated procedure without prior publication of a contract notice 1.Actions for failure to fulfil obligations – Examination of the merits by the Court – Acknowledgement of its fai...
Fecha: 27-Oct-2011
Appeal – Order for interim measures – Animal protection – Regulation (EC) No 1007/2009 – Trade in seal products – Restrictions on import and marketing of those products – No need to adjudicate Appeals – Interest in bringing proceedings – Examination by the Court of its own motion – Facts postdating the General Court’s judgment – Inadmissibility of ...
Fecha: 20-Oct-2011
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Opposition procedure – Figurative mark containing the word element ‘Solaria’ and earlier national figurative mark containing the word element ‘Solartia’ – Registration refused in part – Likelihood of confusion – Request for a stay of the proceedings before the General Cour...
Fecha: 20-Oct-2011
(Appeal— State aid— Selective tax exemption linked to an increase in share capital during the recapitalisation of an undertaking— Market economy investor principle— State acting as shareholder and State wielding public power) 1.The Commission is asking the Court to set aside the judgment(2) by which the Court of First Instance (now ‘the General Cou...
Fecha: 26-Oct-2011
Directive 2008/115 8.The objective of Directive 2008/115, as is apparent from recitals 2 and 20 and from Article 1 thereof, is to establish common rules concerning return, removal, use of coercive measures, detention and entry bans in relation to third-country nationals staying illegally in the territory of a Member State, such rules to serve as th...
Fecha: 06-Oct-2011
(Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) (Regulation imposing an anti-dumping duty on imports of certain prepared or preserved citrus fruits originating in China— Validity— Determination of normal value— Non-market economy exporting country— Commission’s obligation to take care to determine normal value on the b...