Tipo de documentos
Año
Fecha: 18-May-2011
Appeal – Interlocutory proceedings – Application for interim measures – Suspensory effect of an appeal brought against a judgment of the General Court – Dumping – Imports of glyphosate originating in China – Review procedure – No need to adjudicate Applications for interim measures – Suspension of operation of a measure – Judgment of the General Co...
Fecha: 16-May-2011
Appeal – Community trade mark – Sign consisting of the partial colouring of a product – Orange colouring of the toe of a sock – Absolute ground for refusal – Absence of distinctive character – Regulation (EC) No 40/94 – Article 7(1)(b) Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the ...
Fecha: 12-May-2011
Failure of a Member State to fulfil obligations – Value added tax – Directive 2006/112/EC – Application of a reduced rate – Live animals normally intended for use in the preparation of foodstuffs for human and animal consumption – Supply, importation and acquisition of certain live animals, in particular horses Tax provisions – Harmonisation of law...
Fecha: 19-May-2011
Taxation of costs Procedure – Costs – Taxation – Recoverable costs – Elements to be taken into consideration (Rules of Procedure of the Court of Justice, Art. 73(b)) (see para. 16) Re Article 74 of the Rules of Procedure – Application for taxation of costs following the judgment of the Court (Fifth Chamber), of 30 June 2010, in Case C-448/09 P Roya...
Fecha: 12-May-2011
Failure of a Member State to fulfil obligations – Value added tax – Directive 2006/112/EC – Application of a reduced rate – Live animals normally intended for use in the preparation of foodstuffs for human and animal consumption – Supply, importation and acquisition of certain live animals, in particular horses Tax provisions – Harmonisation of law...
Fecha: 10-May-2011
Failure of a Member State to fulfil obligations – Environment – Directive 1999/30/EC – Pollution control – Limit values for concentrations of PM10 in ambient air 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: 25-May-2011
(Article 63 TFEU – Article 40 of the EEA Agreement – Restrictions on movements of capital – Investments of foreign and national pension funds – Dividends – Charge to tax – Difference in treatment – Coherence of the tax system – Efficacy of fiscal supervision) I–Introduction 1.By its action brought on 1 December 2009, the European Commission seeks a...
Fecha: 16-May-2011
Appeal – Community trade mark – Word mark CANNABIS – Invalidity proceedings – Absolute ground for refusal – Descriptive character – Regulation (EC) No 40/94 – Article 7(1)(c) 1.Community trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7(1)(c) of Regulation No 40/94 (Council Regu...
Fecha: 12-May-2011
European Union legislation 3.The second recital in the preamble to the framework agreement states: ‘The parties to this agreement [ETUC, UNICE and CEEP] recognise that contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers. They also recognise that fixed-term emplo...
Fecha: 24-May-2011
(Reference for a preliminary ruling from the Højesteret (Denmark)) (Article 102 TFEU— Danish market for unaddressed mail— Abuse of a dominant position— Selective reduction of prices for the distribution of unaddressed mail— Prices less than average total costs— Prices more than average incremental costs— Exclusion of a competitor from the market— I...
Fecha: 26-May-2011
(Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany)) (Freedom of movement for workers – Taxation of residence allowances – Exemption of allowances granted to taxpayers employed by a national legal person governed by public law – Absence of such exemption for allowances paid to taxpayers employed in national territ...
Fecha: 26-May-2011
(Failure of a Member State to fulfil its obligations – Taxation – Value‑added tax – National legislation allowing the refund of excess VAT only if it exceeds the amount of tax on transactions not yet paid for – Principle of fiscal neutrality) 1.Value-added tax (‘VAT’), under the common system introduced by European Union law, is a tax on consumptio...
Fecha: 26-May-2011
(Reference for a preliminary ruling from the Hoge Raad der Nederlanden, Netherlands) (Competition – State aid – Recovery of State aid granted in breach of European Union law – Guarantee for a loan – Invalidity of transactions under national law on the ground of infringement of mandatory statutory provisions – Powers of national courts – Third sente...
Fecha: 12-May-2011
(Appeal – Community designs – Scope of the review of the legality of OHIM decisions relating to designs – The degree of freedom of the designer – Concept of ‘informed user’) 1.This is the first case in which the Court is called upon to give a ruling on Regulation No 6/2002(2) in the context of an appeal against a judgment handed down by the General...
Fecha: 12-May-2011
Directive 2003/49 3.The preamble to Directive 2003/49 contains, inter alia, the following recitals: ‘(1) In a Single Market having the characteristics of a domestic market, transactions between companies of different Member States should not be subject to less favourable tax conditions than those applicable to the same transactions carried out betw...
Fecha: 17-May-2011
Appeal— State aid— Restructuring of the Polish steel industry— Concept of State aid— Recovery of public debts— Classification as State aid of the failure to request the liquidation of the debtor undertaking— Private creditor test— Allocation of the burden of proof— Limits of judicial review 1.Appeals— Interest in bringing proceedings— Examination b...
Fecha: 08-May-2011
(Request for a preliminary ruling from the Consiglio di Stato) (Reference for a preliminary ruling— Tax provisions— Harmonisation of laws— Directives 95/59/EC and 2011/64/EU— Structure and rates of excise duty applied to manufactured tobacco— Establishment of an excise duty— Principle establishing one rate of excise duty for all cigarettes— Possibi...
Fecha: 19-May-2011
(Reference for a preliminary ruling from the Bundesarbeitsgericht (Germany)) (Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Article 2(5) – Article 4(1) – Article 6(1) – Articles 21 and 28 of the Charter of Fundamental Rights – Collective agreement stipulating termination of t...
Fecha: 25-May-2011
(Failure of a Member State to fulfil obligations – Article 258 TFEU – Audit powers of the European Court of Auditors – Article 248 EC – Regulation (EC; Euratom) No 1605/2002 – Review of administrative cooperation in the field of value added tax – Regulation (EC) No 1798/2003 – Own resources accruing from VAT – Decision No 2000/597/EC, Euratom – Pri...
Fecha: 25-May-2011
1.Officials— Leave— Annual leave— Carry-over to the following year of all days of leave not taken— Conditions (Staff Regulations, Art. 1e(2); Annex V, Art. 4, first para.; European Parliament and Council Directive 2003/88, Art. 7(1)) 2.Officials— Leave— Annual leave— Termination of service following leave on personal grounds— Financial compensation...