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Case-law
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January 2012
Case C‑302/10 Infopaq International v Danske Dagblades Forening
Copyright — Information society — Directive 2001/29/EC — Article 5(1) and (5) — Literary and artistic works — Reproduction of short extracts of literary works — Newspaper articles — Temporary and transient reproductions — Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage of part of that reproduction — Acts of temporary reproduction which form an integral and essential part of such a technological process — Purpose of those acts being the lawful use of a work or protected subject-matter — Independent economic significance of those acts
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-347/10 Salemink v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Social security for migrant workers — Regulation (EEC) No 1408/71 — Worker employed on gas-drilling platform on the continental shelf adjacent to the Netherlands — Compulsory insurance — Refusal to pay invalidity benefit
Reference for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-392/10 Suiker Unie v Hauptzollamt Hamburg-Jonas
Regulation (EC) No 800/1999 — Article 15(1) and (3) — Agricultural products — System of export refunds — Differentiated export refund — Conditions for granting — Import of the product into the third country of destination — Payment of import duties
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑53/11 P OHIM v Nike International
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 58 — Regulation (EC) No 2868/95 — Rules 49 and 50 — Word mark R10 — Opposition — Assignment — Admissibility of an appeal — Concept of ‘person entitled to appeal’ — Applicability of the OHIM Guidelines
Language of the case: Spanish
Case C-282/10 Dominguez v Centre informatique du Centre Ouest Atlantique and Préfet de la région Centre
Social policy — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Precondition for entitlement imposed by national rules — Absence of the worker — Length of the leave entitlement based on the nature of the absence — National rules incompatible with Directive 2003/88 — Role of the national court
Reference for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑218/10 ADV Allround v Finanzamt Hamburg-Bergedorf
VAT — Sixth Directive — Articles 9, 17 and 18 — Determination of the place where services are supplied — Concept of ‘supply of staff’ — Self-employed persons — Need to ensure that a provision of services is assessed identically in relation to the provider and in relation to the recipient
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-586/10 Kücük v Land Nordrhein-Westfalen
Social policy — Directive 1999/70/EC — Clause 5(1)(a) of the Framework Agreement on fixed-term work — Successive fixed-term employment contracts — Objective reasons liable to justify the renewal of such contracts — National rules justifying the use of fixed-term contracts in cases of temporary replacement — Permanent or recurring need for replacement staff — Taking into account of all circumstances surrounding the renewal of successive fixed-term contracts
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C‑588/10 Minister Finansów v Kraft Foods Polska
Taxation — VAT — Directive 2006/112/EC — Article 90(1) — Price reduced after the supply has taken place — National legislation which makes the reduction of the taxable amount contingent on the supplier of the goods or services possessing acknowledgment of receipt of a correcting invoice by the purchaser of the goods or services — Principle of VAT neutrality — Principle of proportionality
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Information (on unpublished decisions)
Case C‑462/10 P Evropaïki Dynamiki v EEA
Appeal — Public service contracts — Invitation to tender — Supply of computing advice services — Rejection of the tender — Decision to award the contract to another tenderer — Selection and award criteria — Confusion of the criteria — Weighting of the criteria — Full copy of the evaluation report — Inadequate statement of reasons
Case C‑496/10 Criminal proceedings against Patriciello
Article 104(3), first subparagraph, of the Rules of Procedure — Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of insulting behaviour — Statements made outside the precincts of the European Parliament — Definition of expression of an opinion in the performance of parliamentary duties — Immunity — Conditions
Case C‑117/11 Purple Parking and Airparks Services v Commissioners for Her Majesty's Revenue & Customs
First subparagraph of Article 104(3) of the Rules of Procedure — Taxation — VAT — Sixth Directive — Article 28(2)(a) — Article 28(3)(b) — Exemption of certain transport services — Transaction combining car parking services and the transport of travellers between the car park and an airport — Existence of two separate supplies of services or of a single supply — Principle of fiscal neutrality
Case C‑227/11 DHL Danzas Air & Ocean v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
Article 104(3) of the Rules of Procedure — Common Customs Tariff — Tariff headings — Network analysers — Classification — Legal value of a classification opinion of the World Customs Organisation
Case C‑185/11 Commission v Slovenia
Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Incorrect and incomplete transposition
Case C‑192/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Scope of the system of protection — Derogations from the prohibitions laid down by the directive
February 2012
Case C‑545/09 Commission v United Kingdom
Convention defining the Statute of the European Schools — Interpretation and application of Articles 12(4)(a) and 25(1) — Right of seconded teachers to access to the same progression in status and pay as those enjoyed by their national counterparts — Exclusion of certain teachers seconded by the United Kingdom to the European Schools from access to improved pay scales and other additional payments available to their national counterparts — Incompatibility with Articles 12(4)(a) and 25(1)
Language of the case: English
Case C‑249/10 P Brosmann Footwear (HK) and Others v Council
Appeal — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Regulation (EC) No 384/96 — Articles 2(7), 9(5) and 17(3) — Market economy treatment — Individual treatment — Sampling
Language of the case: English
Case C‑210/10 Urbán v Vám- és Pénzügyőrség Észak-alföldi Regionális Parancsnoksága
Road transport — Breach of the rules on the use of the tachograph — Obligation on Member States to establish proportionate penalties — Flat-rate fine — Proportionality of the penalty
Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság
Language of the case: Hungarian
Case C‑277/10 Luksan v van der Let
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directives 93/83/EEC, 2001/29/EC, 2006/115/EC and 2006/116/EC — Sharing of the rights to exploit a cinematographic work, by contract, between the principal director and the producer of the work — National legislation allotting those rights, exclusively and by operation of law, to the film producer — Possibility of departing from that rule by an agreement between the parties — Subsequent rights to remuneration
Reference for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C‑204/09 Flachglas Torgau v Bundesrepublik Deutschland
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Access to environmental information — Bodies or institutions acting in a legislative capacity — Confidentiality of the proceedings of public authorities — Condition that the confidentiality must be provided for by law
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑17/10 Toshiba Corporation and Others v Úřad pro ochranu hospodářské soutěže
Competition — Cartel, in the territory of a Member State, having begun before that State acceded to the European Union — Cartel of international scope having effects in the territory of the Union and the European Economic Area — Article 81 EC and Article 53 of the EEA Agreement — Prosecution and penalty for the infringement for the period before the date of accession and the period following that date — Fines — Delimitation of the powers of the Commission and those of the national competition authorities — Imposition of fines by the Commission and by the national competition authority — Principle ne bis in idem — Regulation (EC) No 1/2003– Articles 3(1) and 11(6) — Consequences of the accession of a new Member State to the Union
Reference for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Joined Cases C‑191/09 P and C‑200/09 P Council v Interpipe Niko Tube and Interpipe NTRP and Commission v Council
Appeals — Anti‑dumping duties — Regulation (EC) No 954/2006 — Imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine — Regulation (EC) No 384/96 — Article 2(10)(i), Article 3(2), (3) and (5) to (7), Article 18(3) and Article 19(3) — Calculation of the normal value and of the injury — ‘Single economic entity’ — Rights of the defence — No statement of reasons
Language of the case: English
Joined Cases C‑72/10 and C‑77/10 Criminal proceedings against Costa and Cifone
Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibition under national legislation — Whether permissible
References for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑182/10 Solvay and Others v Région wallonne
Assessment of the effects of projects on the environment — Concept of legislative act — Force and effect of the guidance in the Aarhus Convention Implementation Guide — Consent for a project given without an appropriate assessment of its effects on the environment — Access to justice in environmental matters — Extent of the right to a review procedure — Habitats Directive — Plan or project affecting the integrity of the site — Imperative reason of overriding public interest
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C-360/10 SABAM v Netlog
Information society — Copyright — Internet — Hosting service provider — Processing of information stored on an online social networking platform — Introducing a system for filtering that information in order to prevent files being made available which infringe copyright — No general obligation to monitor stored information
Reference for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Case C‑372/10 Pak-Holdco v Dyrektor Izby Skarbowej w Poznaniu
Taxation — Indirect taxes on the raising of capital — Capital duty levied on capital companies — Obligation on a Member State to take account of directives which were no longer in force at the time of that State’s accession — Exclusion, from the amount on which capital duty is charged, of the amount of the assets belonging to the capital company which are allocated to the increase in capital and which have already been subjected to capital duty
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
C‑488/10 Celaya Emparanza y Galdos Internacional v Proyectos Integrales de Balizamientos
Regulation (EC) No 6/2002 — Article 19(1) — Community designs — Infringement or threatened infringement — Definition of ‘third parties’
Reference for a preliminary ruling from the Juzgado de lo Mercantil nº 1 de Alicante y nº 1 de Marca Comunitaria
Language of the case: Spanish
Case C‑594/10 Proceedings brought by van Laarhoven
Sixth VAT Directive — Right to deduct input tax — Limitation — Use of goods forming part of the assets of a business for the private use of the taxable person — Fiscal treatment of private use of goods that are assets of the business
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑25/11 Varzim Sol v Fazenda Pública
Taxation — Sixth VAT Directive — Deduction of input tax — Article 17(2) and (5) and Article 19 — ‘Subsidies’ used for the purchase of goods and services — Restriction of the right to deduct
Reference for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C‑118/11 Eon Aset Menidjmunt v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 168 and 176 — Right of deduction — Condition relating to use of goods and services for the purposes of taxed transactions — Origin of the right to deduct — Motor vehicle leasing contract — Financial leasing contract — Vehicle used by employer to transport free of charge an employee between his home and his workplace
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑134/11 Blödel-Pawlik v HanseMerkur Reiseversicherung
Directive 90/314/EEC — Package travel, package holidays and package tours — Article 7 — Protection against the risk of insolvency or bankruptcy on the part of the package organiser — Scope — Insolvency of the organiser on account of its fraudulent use of the funds transferred by consumers
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-41/11 Inter-Environnement Wallonie and Terre wallonne v Région wallonne
Protection of the environment — Directive 2001/42/EC — Articles 2 and 3 — Assessment of the effects of certain plans and programmes on the environment — Protection of waters against pollution caused by nitrates from agricultural sources — Plan or programme — No prior environmental assessment — Annulment of a plan or programme — Possibility of maintaining the effects of the plan or programme — Conditions
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Information (on unpublished decisions)
Case C‑404/11 P Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction
Case C‑421/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Market for methacrylates — Concept of ‘undertaking’ — Presumption of decisive influence — Obligation to state reasons — Principle of sound administration — Extension of the authority of a final decision — Deterrent multiplying factor — Indivisible nature of the fine — Unlimited jurisdiction
Case C‑191/11 P Yorma's v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Opposition proceedings — Application for Community figurative mark with the word element ‘yorma’s’ — Earlier Community word mark NORMA — Relative ground for refusal — Likelihood of confusion
Case C‑442/11 Novartis v Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑556/11 Lorenzo Martínez v Dirección Provincial de Educación Valladolid
First subparagraph of Article 104(3) of the Rules of Procedure — Social policy — Directive 1999/70/EC — Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Fixed-term employment contracts in the public sector — Non-university teaching — Right to six-yearly continuing professional education increments — Exclusion of teachers employed as temporary officials — Principle of non-discrimination
Case C‑574/11 Novartis v Actavis Deutschland and Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑208/11 P Internationaler Hilfsfonds v Commission
Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run
Joined Cases C‑164/10 to C‑176/10 Ferazzoli and Others v Ministero dell'Interno
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑255/10 Criminal proceedings against Sacchi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑279/10 Criminal proceedings against Minesi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑413/10 Criminal proceedings against Pulignani and Others
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑501/10 Criminal proceedings against Russo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑107/11 Ministero dell'Interno and Questura di Caltanissetta v Rizzo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑368/11 Procura della Repubblica v Arrichiello
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑612/11 Procura della Repubblica v Veneruso
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑119/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Articles 99 and 110 — Value added tax — Reduced rate — Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance
March 2012
Case C‑280/10 Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz v Dyrektor Izby Skarbowej w Poznaniu
VAT — Directive 2006/112/EC — Articles 9, 168, 169 and 178 — Deduction of input tax paid in respect of transactions conducted with a view to carrying out planned economic activity — Purchase of land by the partners of a partnership — Invoices drawn up prior to registration of the partnership seeking the deduction
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-393/10 O'Brien v Ministry of Justice
Framework agreement on part‑time work — Definition of ‘part-time workers who have an employment contract or employment relationship’ — Judges working part‑time remunerated on a fee-paid basis — Refusal to grant a retirement pension
Reference for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑420/10 Söll v Tetra
Placing on the market of biocidal products — Directive 98/8/EC — Article 2(1)(a) — Concept of ‘biocidal products’– Product causing flocculation of harmful organisms without destroying or deterring them or rendering them harmless
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C‑467/10 Staatsanwaltschaft Gießen v Akyüz
Directives 91/439/EEC and 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in respect of a person who does not satisfy the physical and mental requirements for driving under the laws of that Member State, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Landgericht Gießen
Language of the case: German
Case C‑484/10 Ascafor and Asidac v Administración del Estado and Others
Free movement of goods — Quantitative restrictions and measures having equivalent effect — Directive 89/106/EEC — Construction products — Non‑harmonised standards — Labels of quality — Requirements relating to certification bodies
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-604/10 Football Dataco and Others v Yahoo and Others
Directive 96/9/EC — Legal protection of databases — Copyright — Football league fixture lists
Reference for a preliminary ruling from the Court of Appeal (England & Wales)(Civil Division)
Language of the case: English
Case C-166/11 González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros
Consumer protection — Contracts negotiated away from business premises — Directive 85/577/EEC — Scope — Not included — Unit-linked insurance contracts
Reference for a preliminary ruling from the Audiencia Provincial de Oviedo
Language of the case: Spanish
Case C-220/11 Star Coaches v Finanční ředitelství pro hlavní město Prahu
Article 104(3), first subparagraph, of the Rules of Procedure — VAT Directive — Special tax scheme for travel agents — Supply to travel agents of a coach transport service but no other services
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-524/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Articles 296 to 298 — Common flat-rate scheme for farmers — Flat-rate compensation percentage set at nil rate
Language of the case: Portuguese
Case C‑251/11 Huet v Université de Bretagne Occidentale
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5(1) — Successive fixed-term employment contracts — Measures to prevent the abuse of such contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract
Request for a preliminary ruling from the tribunal administratif de Rennes
Language of the case: French
Case C-380/09 P Melli Bank v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing the funds of a bank’s subsidiary — Principle of proportionality — Ownership or control of the entity
Language of the case: English
Case C-376/10 P Tay Za v Council
Appeals — Common foreign and security policy — Restrictive measures against the Republic of the Union of Myanmar — Freezing of funds applicable to persons, entities and bodies — Legal basis
Language of the case: English
Case C-135/10 SCF v Del Corso
Copyright and related rights in the information society — Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order — Directive 92/100/EC — Article 8(2) — Directive 2001/29/EC — Concept of ‘communication to the public’ — Communication to the public of phonograms broadcast by radio in a dental practice
Reference for a preliminary ruling from the Corte d’appello di Torino
Language of the case: Italian
Case C-162/10 Phonographic Performance (Ireland) v Ireland and Attorney General
Copyright and related rights — Directive 2006/115/EC — Articles 8 and 10 — Concepts of ‘user’ and ‘communication to the public’ — Installation in hotel bedrooms of televisions and/or radios to which the hotelier distributes a broadcast signal
Reference for a preliminary ruling from the High Court (Commercial Division) (Ireland)
Language of the case: English
Case C-292/10 G v de Visser
Jurisdiction and the enforcement of judgments in civil and commercial matters — Public notification of legal documents — Lack of known domicile or place of abode of the defendant in the territory of a Member State — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Infringement of the right to protection of personality liable to have been committed by the publication of photographs on the Internet — Place where the harmful event occurred or may occur
Reference for a preliminary ruling from the Landgericht Regensburg
Language of the case: German
Case C-340/10 Commission v Cyprus
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Articles 4(1) and 12(1) — Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down — System of protection for the species Natrix natrix cypriaca (Cypriot grass snake)
Language of the case: Greek
Case C-453/10 Pereničová and Perenič v S.O.S. financ
Consumer protection — Consumer credit agreement — Incorrect statement of annual percentage rate of charge — Effect of unfair commercial practices and unfair terms on the validity of the contract as a whole
Reference for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
Joined Cases C-90/11 and C-91/11 Strigl and Securvita v Deutsches Patent- und Markenamt and Öko-Invest
Trade marks — Directive 2008/95/EC − Grounds for refusal or invalidity − Verbal expressions which consist of a word combination and a sequence of letters identical to the initial letters of those words — Distinctive character — Descriptive character — Assessment criteria
Reference for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C‑506/09 P Portugal v Transnáutica
Appeal — Customs union — Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 — Remission of import duties — Consignments of tobacco and ethyl alcohol for third countries — Fraud committed by an employee of the company liable
Language of the case: English
Case C‑190/10 Génesis v Boys Toys and Administración del Estado
Community trade mark — Definition and acquisition — Earlier trade mark — Procedure for filing — Filing by electronic means — Method enabling precise identification of the day, hour and minute when the application was filed
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑338/10 GLS v HZA Hamburg-Stadt
Dumping — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 — Validity — Regulation (EC) No 384/96 — Article 2(7)(a) — Determination of normal value — Non-market economy country — Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑567/10 Inter-Environnement Bruxelles and Others v Gouvernement de la Région de Bruxelles-Capitale
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ — Applicability of the directive to a procedure for the total or partial repeal of a land use plan
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C-153/11 Klub v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Origin of the right of deduction — Right of a company to deduct the input VAT paid for the acquisition of capital goods not yet brought into use for the company’s business activities
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C-248/11 Ministerul public v Nilaş and Others
Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(14) — Concept of ‘regulated market’ — Authorisation — Functional requirements — Market whose legal nature is not specified, but which is managed, after a merger, by a legal person also managing a regulated market — Article 47 — Not included on the list of regulated markets — Directive 2003/6/EC — Scope — Market manipulation
Reference for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-209/10 Post Danmark v Konkurrencerådet
Article 82 EC — Postal undertaking with a dominant position and subject to a universal service obligation with regard to certain addressed mail — Low prices charged to certain former customers of a competitor — No evidence relating to intention — Price discrimination — Selectively low prices — Actual or likely exclusion of a competitor — Effect on competition and, thereby, on consumers — Objective justification
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C‑504/09 P Commission v Poland
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Poland for the period 2008 to 2012 — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Respective competences of the Commission and the Member States — Equal treatment
Language of the case: Polish
Case C-505/09 P Commission v Estonia
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 — Respective competences of the Commission and the Member States — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Equal treatment — Principle of sound administration
Language of the case: Estonian
Case C-185/10 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2001/83/EC — Articles 5 and 6 — Proprietary medicinal products — Medicinal products for human use –Authorisation to market — Legislation of a Member State dispensing with a marketing authorisation for medicinal products which are similar to but have a lower price than authorised products
Language of the case: Polish
Case C‑414/10 Véleclair v Ministre du budget, des comptes publics et de la réforme de l'Etat
VAT — Sixth Directive — Article 17(2)(b) — Taxation of a product imported from a third country — National legislation — Right to deduct VAT on importation — Condition — Actual payment of VAT by the taxable person
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C-417/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v 3M Italia
Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non-discrimination — State aid — Obligation to ensure the effective application of European Union law
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑436/10 État belge v BLM
Sixth VAT Directive — Article 6(2), first paragraph, point (a), and Article 13(B)(b) — Right of deduction — Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use
Reference for a preliminary ruling from the cour d’appel de Mons
Language of the case: French
Case C-500/10 Ufficio IVA di Piacenza v Belvedere Costruzioni
Taxation — VAT — Article 4(3) TEU — Sixth Directive — Articles 2 and 22 — Automatic conclusion of proceedings pending before the tax court of third instance
Reference for a preliminary ruling from the Commissione tributaria centrale, sezione di Bologna
Language of the case: Italian
Case C‑564/10 Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen
Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Articles 3 and 4 — Administrative measures — Recovery of wrongly obtained advantages — Default and compensatory interest due under national law — Application of the limitation rules in Regulation No 2988/95 to the recovery of default interest — Start of the limitation period — Concept of suspension — Concept of interruption
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑599/10 SAG ELV Slovensko and Others v Úrad pre verejné obstarávanie
Public procurement — Directive 2004/18/EC — Contract award procedures — Restricted call for tenders — Assessment of the tender — Requests by the contracting authority for clarification of the tender — Conditions
Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-1/11 Interseroh Scrap and Metal Trading v SAM
Environment — Regulation (EC) No 1013/2006 — Article 18(1) and (4) — Shipments of certain waste — Article 3(2) — Mandatory information — Identity of waste producers — Information not provided by the intermediary dealer — Protection of business secrets
Reference for a preliminary ruling from the Verwaltungsgericht Mainz
Language of the case: German
Information (on unpublished decisions)
Case C-354/10 Commission v Greece
Failure to fulfil obligations — State aid — Tax-exempt reserve fund — Incompatibility with the common market — Recovery — Failure to execute
Case C‑474/11 P Smanor v Commission and European Ombudsman
Appeal — Article 119 of the rules of the procedure — Marketing of frozen yoghurt prohibited — Failure of a Member State to fulfil obligations –Commission’s refusal to bring infringement proceedings — Action for damages — Manifest inadmissibility
Case C-596/10 Commission v France
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of reduced VAT rates to transactions concerning equidae and in particular to horses
Case C-81/11 P Longevity Health Products v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence
Case C‑333/11 Febetra v Belgische Staat
Article 104(3), first subparagraph, of the Rules of Procedure — TIR Convention — Community Customs Code — Excise duties — Transport carried out under cover of a TIR carnet — Unlawful unloading — Determination of the place of the offence — Recovery of customs and excise duties — Jurisdiction
Case C‑406/11 P Atlas Transport v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Invalidity proceedings — Admissibility before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Regulation (EC) No 40/94 — Article 59 — Regulation (EC) No 2868/95 — Rule 49(1) — Stay of proceedings — Regulation (EC) No 2868/95 — Rule 20(7)(c) — Appeal manifestly inadmissible and manifestly unfounded
Case C-574/10 Commission v Germany
Failure of a Member State to fulfil its obligations — Directive 2004/18/EC — Public service contracts — Architecture and engineering services — Design, planning and supervision of a project to renovate a public building — Project carried out in several phases, for budgetary reasons — Market value
Case C-46/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Inadequate protection of certain species, in particular the otter (Lutra lutra
Case C‑157/11 Sibilio v Comune di Afragola
Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70/EC — Clause 2 — Concept of ‘an employment contract or relationship defined by law, collective agreements or practice in force in each Member State’ — Scope of the framework agreement — Clause 4, point 1 — Principle of non-discrimination — Persons carrying out ‘work of social utility’ with public authorities — National rule excluding the existence of an employment relationship — National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities
Case C-87/11 P Fidelio v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) — Word mark Hallux — Refusal to register — Absolute ground for refusal — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑167/11 P Cantiere navale De Poli v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding
Case C‑200/11 P Italy v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Action for annulment — Regulation (EC) No 659/1999 — Article 1(c) — Alteration of existing aid — Regulation (EC) No 794/2004 — Article 4(1) — Temporary defensive mechanism for shipbuilding
Case C‑354/11 P Emram v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the figurative mark G — Trade marks
Case C‑348/11 Thomson Sales Europe v Administration des douanes
Articles 92(1) and 103(1) of the Rules of Procedure — Manifest inadmissibility — Article 104(3), second subparagraph, of the Rules of Procedure — Answer admitting of no reasonable doubt — Reference for a preliminary ruling — Assessment of validity — Common commercial policy — Dumping — Importation of televisions manufactured in Thailand — Validity of the investigation carried out by the European Anti‑Fraud Office (OLAF) — Validity of Regulations (EC) Nos 710/95 and 2584/98
Case C‑243/10 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid in favour of the hotel industry in Sardinia — Recovery
Case C 529/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Safilo
Article 104(3), first subparagraph, of the Rules of Procedure — Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non‑discrimination — State aid — Obligation to ensure the effective application of European Union law
Case C-607/10 Commission v Sweden
Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive
Case C‑334/11 P Lancôme v OHIM
Appeal — Community trade mark — Word mark ACNO FOCUS — Opposition by the proprietor of the national word mark FOCUS — Refusal of registration — Article 43(2) and (3) of Regulation (EC) No 40/94 — Earlier mark registered for not less than five years
Case C-569/11 P(R) Gollnisch v Parliament
Appeal — Application for interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of the operation of a measure — Urgency
Case C‑570/11 P(R) Gollnisch v Parliament
Appeal — Interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of operation — Interest in obtaining suspension
April 2012
Case C‑83/12 PPU Criminal proceedings against Minh Khoa Vo
Area of freedom, security and justice — Regulation (EC) No 810/2009 — Community Code on Visas — Articles 21 and 34 — National legislation — Third‑country nationals brought illegally into the territory of a Member State — Visas obtained by fraud — Criminal penalties imposed on the human smuggler
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑443/09 CCIAA v Grillo Star
Directive 2008/7/EC — Indirect taxes on the raising of capital — Articles 5(1)(c) and 6(1)(e) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture
Reference for a preliminary ruling from the Tribunale di Cosenza
Language of the case: Italian
Case C‑213/10 F-Tex v UAB „Jadecloud-Vilma“
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an action related to insolvency proceedings and closely connected with those proceedings — Regulation (EC) No 44/2001 — Article 1(1) and (2)(b) — Concepts of civil and commercial matters and of bankruptcy or winding-up — Action brought on the basis of an assignment, by a liquidator, of his right to have a transaction set aside
Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C‑221/10 P Artegodan v Commission
Appeal — Second paragraph of Article 288 EC — Non-contractual liability of the Union — Conditions — Sufficiently serious breach of a rule of law conferring rights on individuals — Decision withdrawing marketing authorisations for medicinal products for human use containing amfepramone
Language of the case: German
Case C-415/10 Meister v Speech Design Carrier Systems
Directives 2000/43/EC, 2000/78/EC and 2006/54/EC – Equal treatment in employment and occupation – Worker showing that he meets the requirements listed in a job advertisement – Right of that worker to have access to information indicating whether the employer has recruited another applicant
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C‑461/10 Bonnier Audio and Others v Perfect Communication Sweden
Copyright and related rights — Processing of data by internet — Infringement of an exclusive right — Audio books made available via an FTP server via internet by an IP address supplied by an internet service provider — Injunction issued against the internet service provider ordering it to provide the name and address of the user of the IP address
Reference for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C‑523/10 Wintersteiger v Products 4U Sondermaschinenbau
Regulation (EC) No 44/2001 — Jurisdiction and the enforcement of judgments in civil and commercial matters — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Determination of the place where the harmful event occurred or may occur — Website of a referencing service provider operating under a country-specific top-level domain of a Member State — Use, by an advertiser, of a keyword identical to a trade mark registered in another Member State
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑549/10 P Tomra Systems and Others v Commission
Appeal — Competition — Dominant position — Abuse — Market for machines for the collection of used beverage containers — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Exclusivity agreements, quantity commitments and loyalty rebates
Language of the case: English
Case C‑121/11 Pro-Braine and Others v Commune de Braine-le-Château
Directive 1999/31/EC — Landfill of waste — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment — Concept of ‘consent’
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Case C‑571/10 Kamberaj v Istituto per l'Edilizia Sociale della Provincia autonoma di Bolzano and Others
Area of Freedom, Justice and Security — Article 34 of the Charter of Fundamental Rights of the European Union — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Right to equal treatment with regard to social security, social assistance and social protection — Derogation from the principle of equal treatment for social assistance and social protection measures — Exclusion of ‘core benefits’ from the scope of that derogation — National legislation providing for housing benefit for low income tenants — Amount of funds for third-country nationals determined on the basis of a different weighted average — Rejection of an application for housing benefit owing to the exhaustion of the funds for third-country nationals
Reference for a preliminary ruling from the Tribunale di Bolzano
Language of the case: Italian
Case C‑419/10 Hofmann v Freistaat Bayern
Directive 2006/126/EC — Mutual recognition of driving licences — Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-456/10 ANETT v Administración del Estado
Free movement of goods – Articles 34 TFEU and 37 TFEU – National legislation prohibiting tobacco retailers from importing tobacco products – Rule concerning the existence and operation of a monopoly on the marketing of tobacco products – Measures having equivalent effect to quantitative restrictions – Justification – Consumer protection
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑472/10 Nemzeti Fogyasztóvédelmi Hatóság v Invitel
Directive 93/13/EEC — Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects
Reference for a preliminary ruling from the Pest Megyei Bíróság
Language of the case: Hungarian
Case C‑508/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Application for long-term resident status — Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family — Amount of the charges levied by the competent authorities — Disproportionate charges − Obstacle to the exercise of the right of residence
Language of the case: Dutch
Case C‑510/10 DR and TV2 Danmark v NCB
Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(d) — Right to communicate works to the public — Exception to the reproduction right — Ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts — Recording made with the facilities of a third party — Obligation of the broadcasting organisation to pay compensation for any adverse effects of the actions and omissions of the third party
Reference for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Joined Cases C‑578/10 to C‑580/10 Staatssecretaris van Financiën v van Putten and Others
Articles 18 EC and 56 EC — Motor vehicles — Use in a Member State of a borrowed private motor vehicle which is registered in another Member State — Taxation of that vehicle in the first Member State on its first use on the national road network
References for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-621/10 and C-129/11 Balkan and Sea Properties and Provadinvest v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 73 and 80(1) — Sale of immovable property between connected companies — Value of the transaction — National legislation providing that for transactions between connected persons the taxable amount for VAT purposes is the open market value of the transaction
References for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C-225/11 Commissioners for Her Majesty's Revenue & Customs v Able UK
VAT — Directive 2006/112/EC — Exemptions — Article 151(1)(c) — Supply of services of dismantling obsolete US Navy ships in the territory of a Member State
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber) (United Kingdom)
Language of the case: English
Case C‑92/12 PPU Health Service Executive v C. and C.
Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Child habitually resident in Ireland, where the child was placed in care on many occasions — Child’s behaviour aggressive and placing herself at risk — Judgment ordering placement of the child in a secure care institution in England — Material scope of the regulation — Article 56 — Procedures for consultation and consent — Obligation to recognise or declare enforceable the decision to place the child in a secure care institution — Provisional measures — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Information (on unpublished decisions)
Case C‑656/11 R United Kingdom v Council
Application for interim measures — Council decision — Application for suspension of operation of a measure — Application for interim measures — Decision 2011/863/EU — Urgency
Case C‑141/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Articles 39 EC to 42 EC — Freedom of movement of persons — Regulation (EEC) No 1408/71 — Social security of migrant workers — Refusal to pay certain benefits — Workers employed on drilling platforms in the Netherlands — Admissibility of the action
Case C‑297/11 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2000/60/EC — European Union water policy — River basin management plan — Publication — Public information and consultation — Failure to notify the Commission
Case C‑507/11 P(R) Fapricela v Commission
Application for interim measures — Competition — Decision of the Commission imposing a fine — Bank guarantee — Application for suspension of operation of a measure — Financial damage — Lack of exceptional circumstances — Lack of urgency
Case C‑125/09 Commission v Cyprus
Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directives 2002/21/EC and 2002/20/EC — Rights of way — Failure to transpose within the prescribed period
Case C-307/11 P Deichmann v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines
Case C-114/11 Notermans v Boddenberg
Articles 18 EC and 39 EC — Motor vehicles — Use in one Member State of a private motor vehicle registered in another Member State — That vehicle taxed in the first Member State on its first use on the national road network — Vehicle taken at the time of moving to the first Member State and used for both private use and for going to the place of work situated in the second Member State
May 2012
Case C‑406/10 SAS Institute v World Programming
Intellectual property — Directive 91/250/EEC — Legal protection of computer programs — Articles 1(2) and 5(3) — Scope of protection — Creation directly or via another process — Computer program protected by copyright — Reproduction of the functions by a second program without access to the source code of the first program — Decompilation of the object code of the first computer program — Directive 2001/29/EC — Copyright and related rights in the information society — Article 2(a) — User manual for a computer program — Reproduction in another computer program — Infringement of copyright — Condition — Expression of the intellectual creation of the author of the user manual
Reference for a preliminary ruling from the High Court of Justice of England and Wales (Chancery Division)
Language of the case: English
Case C-337/10 Neidel v Stadt Frankfurt am Main
Social policy — Directive 2003/88/EC — Working conditions — Organisation of working time — Right to paid annual leave — Allowance in lieu in the event of sickness — Public servants (firemen)
Reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
Case C‑520/10 Lebara v Commissioners for Her Majesty's Revenue & Customs
Taxation — Sixth VAT Directive — Article 2 — Supply of services for consideration — Telecommunications services — Prepaid phonecards displaying information for making international calls — Marketing through a network of distributors
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C‑620/10 Migrationsverket v Kastrati and Others
Dublin system — Regulation (EC) No 343/2003 — Procedure for determining the Member State responsible for examining an asylum application — Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 — Asylum application lodged in a Member State other than the State responsible pursuant to that regulation — Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application — Withdrawal occurring before the Member State responsible accepted that it should take charge — Withdrawal terminating the procedures set up by Regulation No 343/2003
Reference for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen
Language of the case: Swedish
Case C‑24/11 P Spain v Commission
Appeal — EAGGF — ‘Guarantee’ section — Expenditure excluded from Community financing — Expenditure incurred by the Kingdom of Spain — Aid for the production of olive oil
Language of the case: Spanish
Case C‑39/10 Commission v Estonia
Failure of a Member State to fulfil obligations — Freedom of movement for workers — Income tax — Allowance — Retirement pensions — Effect on small pensions — Discrimination between resident and non-resident taxpayers
Language of the case: Estonian
Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others v Comune di Baranzate and Comune di Venegono Inferiore
Articles 3 EC, 10 EC, 43 EC, 49 EC and 81 EC — Freedom of establishment — Freedom to provide services — Directive 2006/123/EC — Articles 15 and 16 — Concession relating to the assessment, verification and collection of taxes and other local authority revenue — National legislation — Minimum share capital — Obligation
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
Case C‑368/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Contract for the supply, installation and maintenance of dispensing machines for hot drinks, and the supply of tea, coffee and other ingredients — Article 23(6) and (8) — Technical specifications — Article 26 — Conditions for performance of the contract — Article 53(1) — Criteria for award of the contracts — Most economically advantageous tender — Products derived from organic agriculture and fair trade — Use of labels in the formulation of the technical specifications and the award criteria — Article 39(2) — Concept of ‘additional information’ — Article 2 — Principles for award of contracts — Principle of transparency — Articles 44(2) and 48 — Verification of the suitability and choice of participants — Minimum level of technical or professional abilities — Compliance with ‘criteria of sustainability of purchases and socially responsible business’
Language of the case: Dutch
Case C‑100/11 P Rubinstein and L'Oréal v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Community word marks BOTOLIST and BOTOCYL — Community and national figurative and word marks BOTOX — Declaration of invalidity — Relative grounds for refusal — Damage to reputation
Language of the case: English
Joined Cases C‑338/11 to C‑347/11 Santander Asset Management SGIIC and Others v Directeur des résidents à l'étranger et des services généraux and Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État
Articles 63 TFEU and 65 TFEU — Undertakings for collective investments in transferable securities (UCITS) — Different treatment of dividends paid to non-resident UCITS, subject to withholding tax, and dividends paid to resident UCITS, not subject to such tax — Whether it is necessary, for the purpose of determining whether the national measure is in conformity with the free movement of capital, to take account of the situation of shareholders — No such need
References for a preliminary ruling from the tribunal administratif de Montreuil
Language of the case: French
Case C‑348/09 I v Oberbürgermeisterin der Stadt Remscheid
Freedom of movement for persons — Directive 2004/38/EC — Article 28(3)(a) — Expulsion decision — Criminal conviction — Imperative grounds of public security
Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C‑97/11 Amia v Provincia Regionale di Palermo
Environment — Landfill of waste — Directive 1999/31/EC — Special levy on the disposal of solid waste in landfills — Landfill operator subject to that levy — Operating costs of a landfill — Directive 2000/35/EC — Default interest — Obligations of the national court
Reference for a preliminary ruling from the Commissione tributaria provinciale di Palermo
Language of the case: Italian
Case C‑98/11 P Chocoladefabriken Lindt & Sprüngli v OHIM
Appeal — Community trade mark — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon
Language of the case: German
Case C‑188/11 Hehenberger v Republik Österreich
Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Financial support for agri‑environmental production methods — Checks — Beneficiary of agricultural aid — Fact of having prevented an on‑the‑spot check from being carried out — National legislation requiring the repayment of all aid paid over several years — Whether compatible
Reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien
Language of the case: German
Case C‑196/11 P Formula One Licensing v OHIM
Appeal — Community trade mark — Figurative mark ‘F1-Live’ — Opposition by the proprietor of international and national word marks F1 and Community figurative mark F1 Formula 1 — Lack of distinctive character — Descriptive element — Removal of the protection provided to an earlier national trade mark — Likelihood of confusion
Language of the case: English
Information (on unpublished decisions)
Case C-240/11 P World Wide Tobacco España v Commission
Appeal — Competition — Agreements, decisions and concerted practices — The Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Fines — Deterrent effect — Equal treatment — Mitigating circumstances — Maximum limit of 10% of turnover — Cooperation
Case C‑289/11 P Legris Industries v Commission
Appeal — Competition — Cartels — Copper fittings and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Parent companies and subsidiaries — Imputability of the unlawful conduct
Case C‑290/11 P Comap v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the infringement — Concept of ‘continuity’
Case C-370/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Articles 36 and 40 of the EEA Agreement — Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EEC
Case C‑134/12 Corpul Naţional al Poliţiştilor v Ministerul Administraţiei şi Internelor and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — European Convention on the Protection of Human Rights and Fundamental Freedoms — Validity of national legislation imposing salary reductions on several categories of civil servants — Failure to give effect to European Union law — Clear lack of jurisdiction of the Court of Justice
Case C‑198/11 P Lan Airlines v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark LÍNEAS AÉREAS DEL MEDITERRÁNEO LAM — Application for registration — Opposition by the proprietor of the earlier Community word and figurative marks LAN — Rejection of the opposition — No likelihood of confusion — Appeal manifestly inadmissible
Case C‑453/11 P Timehouse v OHIM
Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness
Case C‑477/11 P Sepracor Pharmaceuticals v Commission
Appeal — Regulation (EC) No 726/2004 — Medicinal products for human use — Active substance ‘eszopiclone’ — Marketing authorisation — Procedure — Statement of position by the Commission — Status of ‘new active substance’ — Concept of ‘actionable measure’
Case C‑352/11 Commission v Austria
Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive
Case C‑366/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union action in the field of water policy — River basin management plans — Publication and notification to the Commission — Lack — Public information and consultation concerning the draft management plans — Lack
June 2012
Case C-124/10 P Commission v EDF
Appeal — State aid — Waiver of a tax claim — Exemption from corporation tax — Increase in share capital — Conduct of a State acting as a prudent private investor in a market economy — Criteria to distinguish between the State as shareholder and the State exercising public power — Definition of ‘reference private investor’ — Principle of equal treatment — Burden of proof
Language of the case: French
Case C-489/10 Prokurator Generalny v Bonda
Common agricultural policy — Single area payment scheme — Regulation (EC) No 1973/2004 — Article 138(1) — Exclusion from receiving aid if the area declared is not correct — Administrative or criminal nature of that penalty — Rule against the overlapping of criminal penalties — Ne bis in idem principle
Reference for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C‑615/10 Proceedings brought by Insinööritoimisto InsTiimi Oy
Directive 2004/18/EC — Public contracts in the field of defence — Article 10 — Article 296(1)(b) EC — Protection of a Member State’s essential security interests — Trade in arms, munitions and war material — Product procured by a contracting authority specifically for military purposes — Existence, as regards that product, of a potential and largely identical civilian application — Tiltable turntable for carrying out electromagnetic measurements — Contract not put out to tender in accordance with the procedures provided for by Directive 2004/18
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-27/11 Vinkov v Nachalnik Administrativno-nakazatelna deinost
Reference for a preliminary ruling — Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations — Purely internal situation — Inadmissibility of the reference
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-39/11 VBV - Vorsorgekasse v Finanzmarktaufsichtsbehörde
Free movement of capital — Articles 63 TFEU and 65 TFEU — Severance funds — Investment of assets — Investment funds established in another Member State — Investment in such funds permitted only when they are authorised to market their units within the national territory
Reference for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-106/11 M.J. Bakker v Minister van Financiën
Social security for migrant workers — Applicable legislation — Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union — Residence in the territory of another Member State — Affiliation to the Netherlands social security system
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-132/11 Tyrolean Airways Tiroler Luftfahrt v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft
Directive 2000/78/EC — Equal treatment in employment and occupation — Difference of treatment on grounds of age — Charter of Fundamental Rights of the European Union — General principles of European Union law — Collective agreement — Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies — Contract clause
Reference for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
Joined Cases C‑611/10 and C‑612/10 Hudzinski and Wawrzyniak v Agentur für Arbeit Wesel - Familienkasse and Agentur für Arbeit Mönchengladbach - Familienkasse
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 14(1)(a) and 14a(1)(a) — Articles 45 TFEU and 48 TFEU — Temporary work in a Member State other than that in which work is normally carried out — Family benefits — Applicable legislation — Possibility for child benefit to be granted by the Member State in which the temporary work is carried out but which is not the competent State — Application of a rule of national law against overlapping of benefits which excludes that benefit in the case where a comparable benefit is received in another State
References for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-542/09 Commission v Netherlands
Failure of a Member State to fulfil its obligations — Freedom of movement for persons — Access to education for migrant workers and their family members — Funding for higher educational studies pursued outside the territory of the Member State concerned — Residence requirement
Language of the case: Dutch
Case C-533/10 CIVAD v Receveur des douanes de Roubaix and Others
Community Customs Code — Article 236(2) — Repayment of duties not legally owed — Time limit — Regulation (EC) No 2398/97 — Definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan — Regulation (EC) No 1515/2001 — Repayment of anti-dumping duties paid pursuant to a regulation subsequently declared invalid — Concept of ‘force majeure’ — Time at which the obligation to repay import duties arises
Reference for a preliminary ruling from the tribunal d’instance de Roubaix
Language of the case: French
Case C‑606/10 ANAFE v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 13 — Third-country nationals holding a temporary residence permit — National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa — Meaning of ‘re-entry visa’ — Earlier administrative practice authorising re‑entry without re-entry visa — Need for transitional measures — Absence
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑618/10 Banco Español de Crédito v Calderón Camino
Directive 93/13/EEC — Consumer contracts — Unfair term concerning interest on late payments — Order for payment procedure — Powers of the national court
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-158/11 Auto 24 v Jaguar Land Rover France
Competition — Article 101 TFEU — Motor vehicle sector — Regulation (EC) No 1400/2002 — Block exemption — Selective distribution system — Concept of ‘specified criteria’ concerning a quantitative selective distribution system — Refusal to grant authorisation as a distributor of new motor vehicles — Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria
Reference for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-307/10 Chartered Institute of Patent Attorneys v Registrar of Trade Marks
Trade marks — Approximation of laws of the Member States — Directive 2008/95/EC — Identification of the goods or services for which the protection of a trade mark is sought — Requirements of clarity and precision — Use of class headings of the Nice Classification for the purposes of the registration of trade marks — Whether permissible — Extent of protection of the trade mark
Reference for a preliminary ruling from the Person Appointed by the Lord Chancellor under Section 76 of The Trade Marks Act 1994, on Appeal from the Registrar of Trade Marks (United Kingdom)
Language of the case: English
Case C-452/10 P BNP Paribas and BNL v Commission
Appeal — State aid — Scheme for the realignment of the value of assets for tax purposes — Banking sector — Taxation of capital gains — Substitute tax — Selectivity
Language of the case: Italian
Case C-514/10 Wolf Naturprodukte v SEWAR
Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Temporal scope — Enforcement of a judgment delivered before the State of enforcement acceded to the European Union
Reference for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-5/11 Criminal proceedings against Titus Alexander Jochen Donner
Free movement of goods — Industrial and commercial property — Sale of copies of works in a Member State in which the copyright on those works is not protected — Transport of those goods to another Member State in which the infringement of the copyright is sanctioned under criminal law — Criminal proceedings against the transporter for aiding and abetting the unlawful distribution of a work protected by copyright law
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑15/11 Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien
Accession of new Member States — Republic of Bulgaria — Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market — Directive 2004/114/EC — Conditions of admission of third‑country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
Case C-78/11 Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and Others
Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Sick leave — Annual leave coinciding with sick leave — Entitlement to take paid annual leave at another time
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-80/11 and C-142/11 Mahagében and Dávid v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága and Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága
Taxation — VAT — Sixth Directive — Directive 2006/112/EC — Right to deduct — Conditions governing the exercise of that right — Article 273 — National measures to combat fraud — Practice of the national tax authorities — Refusal of the right to deduct in the event of improper conduct on the part of the issuer of the invoice relating to the goods or services in respect of which the exercise of that right is sought — Burden of proof — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice and to provide proof thereof
References for a preliminary ruling from the Baranya Megyei Bíróság and the Jász-Nagykun-Szolnok Megyei Bíróság
Language of the case: Hungarian
Case C-84/11 Marja-Liisa Susisalo and Others
Article 49 TFEU — Freedom of establishment — Public health — Pharmacies — National licensing scheme for the operation of pharmacies — Establishment of branch pharmacies — Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy — University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-135/11 P IFAW Internationaler Tierschutz-Fonds v Commission
Appeals — Public access to documents of the institutions — Regulation (EC) No 1049/2011 — Article 4(5) — Scope — Documents originating from a Member State — Objection by the Member State to disclosure of the documents — Extent of review by the institution and the European Union judicature of the Member State’s reasons for objecting — Production of the document to the European Union judicature
Language of the case: English
Case C-177/11 Syllogos Ellinon Poleodomon kai Khorotakton v Ipourgos Perivallontos, Khorotaxias & Dimosion Ergon and Others
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(2)(b) — Margin of discretion of the Member States
Reference for a preliminary ruling from the Simvoulio tis Epikrateias
Language of the case: Greek
Case C-294/11 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Elsacom
Eighth VAT Directive — Arrangements for the refund of VAT to taxable persons not established in the territory of the country — Time limit within which refund applications are to be submitted — Time bar
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-335/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Amendment of a provision of that regulation — Recommencement of period within which an action must be brought — Partial admissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection — Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality — Infringement of the principles of proportionality and protection of legitimate expectations — Infringement of the hierarchy of norms — Infringement of Article 41 of the 2003 Act of Accession — Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 — Infringement of duty to state reasons
Language of the case: Polish
Case C-336/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection
Language of the case: Polish
Case C-404/10 P Commission v Éditions Odile Jacob
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulations (EEC) No 4064/89 and (EC) No 139/2004 — Refusal to grant access — Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions — Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access
Language of the case: French
Case C-477/10 P Commission v Agrofert Holding
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulation (EC) No 139/2004 — Refusal of access — Exceptions relating to the protection of the purpose of investigations, commercial interests, legal advice and the decision‑making process of the institutions
Language of the case: English
Case C-7/11 Fabio Caronna
Medicinal products for human use — Directive 2001/83/EC – Article 77 — Wholesale distribution of medicines — Mandatory special authorisation for pharmacists — Conditions for granting
Reference for a preliminary ruling from the Tribunale di Palermo
Language of the case: Italian
Case C-19/11 Geltl v Daimler
Directives 2003/6/EC and 2003/124/EC — Inside information — Notion of ‘precise information’ — Intermediate steps in a protracted process — Reference to circumstances or an event which may reasonably be expected to come into existence or occur — Interpretation of the wording ‘may reasonably be expected’ — Public disclosure of information relating to change of a manager of a company
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-172/11 Erny v Daimler
Freedom of movement for workers — Article 45 TFEU — Regulation (EEC) No 1612/68 — Article 7(4) — Principle of non-discrimination — Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement — Cross-border workers subject to income tax in the Member State of residence — Notional taking into account of the tax on wages of the Member State of employment
Reference for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein
Language of the case: German
Case C-192/12 PPU West v Virallinen syyttäjä
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of execution of a custodial sentence — Article 28 — Subsequent surrender — ‘Chain’ of European arrest warrants — Execution of a third European arrest warrant in respect of the same person — Concept of ‘executing Member State’ — Consent to surrender — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Information (on unpublished decisions)
Case C‑21/11 Volturno Trasporti v Camera di Commercio di Benevento and Equitalia Polis
Reference for a preliminary ruling — Manifest inadmissibility
Case C-589/11 P(I) Schenker v Air France and Commission
Appeals — Intervention — Interest in the result of the case
Case C-590/11 P(I) Schenker v Air France-KLM and Commission
Appeals — Intervention — Interest in the result of the case
Case C-596/11 P(I) Schenker v Koninklijke Luchtvaart Maatschappij and Commission
Appeals — Intervention — Interest in the result of the case
Case C-598/11 P(I) Schenker v Cathay Pacific Airways and Commission
Appeals — Intervention — Interest in the result of the case
Case C-600/11 P(I) Schenker v Lan Airlines and Lan Cargo
Appeals — Intervention — Interest in the result of the case
Case C-602/11 P(I) Schenker v Deutsche Lufthansa and Others
Appeals — Intervention — Interest in the result of the case
Case C-156/12 GREP v Freitstaat Bayern
First subparagraph of Article 104(3) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Articles 47 and 51(1) — Implementation of European Union law — Action against a decision holding that a ruling delivered in another Member State ordering enforcement procedures was enforceable — Effective judicial protection — Right of access to courts — Legal aid — National legislation refusing legal aid to legal persons
Case C-355/11 Brouwer v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Directive 91/629/EEC — Minimum standards for the protection of calves — Regulation (EC) No 1782/2003 — Common rules for direct support schemes under the common agricultural policy — National legislation transposing Directive 91/629/EEC and declaring the management requirements provided for by that directive to be applicable to, inter alia, calves which are kept confined in the context of a dairy farming operation
Case C‑644/11 P(R) Qualitest FZE v Council
Appeals — Application for interim measures — Application for interim measures — Restrictive measures adopted against the Islamic Republic of Iran — Addition of the applicant’s name to the list of persons and entities to which the freezing of funds and economic resources applies — Lack of urgency
Case C-493/11 P United Technologies v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑494/11 P Otis Luxembourg and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑38/11 Amorim Energia v Ministério das Finanças e da Administração Pública
The first subparagraph of Article 104(3) of the Rules of Procedure — Articles 49 TFEU and 54 TFEU — Articles 63 TFEU and 65 TFEU — Directive 90/435/EEC — Article 3(2) — Tax legislation — Corporation tax — Taxation of dividends — Withholding tax — Exemption — Minimum holding in the company distributing dividends — Conditions — Minimum period of uninterrupted share ownership –Conditions — Resident and non-resident recipient companies — Different treatment
Case C-223/11 Commission v Portugal
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union water policy — River basin district management plans — Publication and notification to the Commission — None — Information and consultation of the public on the envisaged management plans — None
Case C-491/11 P Fuchshuber Agrarhandel v Commission
Appeal — Common Agricultural Policy — Purchase of maize from the Hungarian intervention agency — Insufficient stocks — Alleged failure by the Commission in its obligation to conduct checks — Non-contractual liability
Case C-485/10 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid granted to Ellinika Nafpigeia AE — Incompatibility with the common market — Recovery — Non-execution
Case C-306/11 P XXXLutz Marken v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark Linea Natura Natur hat immer Stil — Opposition by the proprietor of the Community figurative mark natura selection — Relative grounds for refusal — Likelihood of confusion
Case C-599/11 P TofuTown.com v Meica and OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity
July 2012
Case C‑128/11 UsedSoft v Oracle International
Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑318/10 SIAT v État belge
Freedom to provide services — Tax legislation — Deduction as business expenses of expenses incurred as payment for the provision of services — Expenses incurred in relation to a service provider established in another Member State in which that provider is not subject to tax on income or is subject there to a tax regime which is appreciably more advantageous — Deductibility conditional upon the provision of proof of the genuine and proper nature of the services and the normal nature of the related payments — Obstacle — Justification — Combating tax evasion and avoidance — Effectiveness of fiscal supervision — Balanced allocation between Member States of the power to impose taxes — Proportionality
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑509/10 Geistbeck and Geistbeck v Saatgut-Treuhandverwaltung
Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — ‘Farmer’s privilege’ — Concept of ‘reasonable compensation’ — Compensation for damage suffered — Infringement
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑527/10 ERSTE Bank Hungary v Magyar Állam and Others
Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a non-EU Member State — Insolvency proceedings opened against the debtor in another Member State — First State which has become a member of the European Union — Whether applicable
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
Case C-558/10 Bourgès-Maunoury and Heintz v Direction des services fiscaux d'Eure et Loir
Privileges and immunities of the European Communities – Exemption from national taxes on salaries paid by the European Union – Inclusion of income paid by the European Union in the calculation of the cap for wealth tax
Reference for a preliminary ruling from the tribunal de grande instance de Chartres
Language of the case: French
Case C‑49/11 Content Services v Bundesarbeitskammer
Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal
Reference for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C‑141/11 Hörnfeldt v Posten Meddelande
Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension
Reference for a preliminary ruling from the Södertörns tingsrätt
Language of the case: Swedish
Case C‑259/11 DTZ Zadelhoff vof v Staatssecretaris van Financiën
Sixth VAT Directive — Articles 5(3)(c) and 13B(d)(5) — Negotiation of a transaction involving the transfer of company shares — Transaction which also entails the transfer of the ownership of immovable property held by such companies — Exemption
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑269/09 Commission v Spain
Failure of a Member State to fulfil obligations — Articles 18 EC, 39 EC and 43 EC — Articles 28 and 31 of the EEA Agreement — Tax legislation — Transfer abroad of a taxpayer’s residence — Obligation to include any income not yet charged to tax in the tax base for the preceding tax year — Loss of the advantage to be gained by deferring the tax debt
Language of the case: Spanish
Case C‑378/10 Application to register a company made by VALE Építési kft
Articles 49 TFEU and 54 TFEU — Freedom of establishment — Principles of equivalence and effectiveness — Cross-border conversion — Refusal to add to register
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
Case C‑562/10 Commission v Germany
Action for failure to fulfil obligations — Article 56 TFEU — German legislation regarding care insurance — Benefits in kind for assistance at home are unavailable where the person reliant on care is staying in another Member State — Lower level of exportable cash benefits — Failure to reimburse hire costs of care equipment in other Member States
Language of the case: German
Case C‑602/10 SC Volksbank România v Autoritatea Naţională pentru Protecţia Consumatorilor CJPC
Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Articles 22, 24 and 30 — National legislation designed to transpose that directive — Applicability to agreements not included in the material and temporal scope of the directive — Obligations not provided for by the directive — Limitation on the bank charges capable of being levied by the creditor — Articles 56 TFEU, 58 TFEU and 63 TFEU — Obligation to put in place, in national law, adequate and effective out-of-court dispute resolution procedures
Reference for a preliminary ruling from the Judecătoria Călăraşi
Language of the case: Romanian
Joined Cases C‑608/10, C‑10/11, C‑23/11 Südzucker and Others v Hauptzollamt Hamburg-Jonas
Agriculture — Export refunds — Incorrect indication of the exporter in the export declaration — National legislation making entitlement to an export refund subject to the entry of the applicant as the exporter in the export declaration — Correction of the export declaration after the goods have been released
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑616/10 Solvay v Honeywell Fluorine Products Europe and Others
Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments — Regulation (EC) No 44/2001 — Action for infringement of a European patent — Special and exclusive jurisdiction — Article 6(1) — More than one defendant — Article 22(4) — Validity of the patent called into question — Article 31 — Provisional, including protective, measures
Reference for a preliminary ruling from the Rechtbank ’s‑Gravenhage
Language of the case: Dutch
Joined Cases C‑55/11, C‑57/11 and C‑58/11 Vodafone España SA v Ayuntamiento de Santa Amalia (C-55/11), Ayuntamiento de Tudela (C-57/11), and France Telecom España SA v Ayuntamiento de Torremayor (C-58/11)
Directive 2002/20/EC — Electronic communications networks and services — Authorisation — Article 13 — Fees for rights of use and rights to install facilities
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑59/11 Association Kokopelli v Graines Baumaux
Agriculture — Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC — Validity — Vegetables — Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species — Non-compliance with system of prior authorisation for marketing — International Treaty on Plant Genetic Resources for Food and Agriculture — Principle of proportionality — Freedom to conduct a business — Free movement of goods — Equal treatment
Reference for a preliminary ruling from the Cour d’appel de Nancy
Language of the case: French
Case C‑79/11 Procura della Repubblica v Giovanardi and Others
Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings
Reference for a preliminary ruling from the judge in charge of preliminary investigations at the Tribunale di Firenze
Language of the case: Italian
Case C‑138/11 Compass-Datenbank v Republik Österreich
Competition — Article 102 TFEU — Concept of ‘undertaking’ — Data of the companies register stored in a database — Activity of collection and making available of that data in return for remuneration — Refusal by the public authorities to authorise re-utilisation of that data — ‘Sui generis’ right provided for in Article 7 of Directive 96/9/EC
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑146/11 Pimix v Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus and Põllumajandusministeerium
Accession of new Member States — Setting the charge on surplus stocks of agricultural products — Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question
Reference for a preliminary ruling from the Riigikohus (Estonia)
Language of the case: Estonian
Case C‑171/11 FRA.BO v DVGW
Free movement of goods — Measures having equivalent effect to a quantitative restriction — National certification procedure — Presumption of compliance with national law — Applicability of Article 28 EC to a private-law certification body
Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C‑176/11 HIT hoteli, igralnice, turizem dd Nova Gorica and HIT LARIX, prirejanje posebnih iger na srečo in turizem dd v Bundesminister für Finanzen
Article 56 TFEU — Restriction on the freedom to provide services — Games of chance — Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level — Justification — Overriding reasons in the public interest — Proportionality
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
Case C‑284/11 EMS-Bulgaria Transport v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/ EC — Right to deduct — Limitation period for the exercise of the right to deduct VAT — Principle of effectiveness — Refusal of the right to deduct VAT — Principle of fiscal neutrality
Reference for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C‑291/11 Staatssecretaris van Financiën v TNT Freight Management (Amsterdam) BV
Common Customs Tariff — Combined Nomenclature — Tariff headings 3002 and 3502 — Blood albumin prepared for therapeutic or prophylactic uses — Processing of the product
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-311/11 P Smart Technologies v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(b) – Word mark WIR MACHEN DAS BESONDERE EINFACH – Mark consisting of an advertising slogan – Distinctive character – Refusal to register
Language of the case: English
Case C‑326/11 J.J. Komen en Zonen Beheer Heerhugowaard BV v Staatssecretaris van Financiën
Sixth VAT Directive — Article 13B(g), read in conjunction with Article 4(3)(a) — Supply of buildings and land upon which they stand — Supply of a building undergoing work with the view to the creation of a new building by transformation — Continuation and completion of the work by the purchaser after the supply — Exemption from VAT
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑466/11 Currà and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling — Article 92(1) of the Rules of Procedure — Action brought by the victims of massacres against a Member State as the party liable for acts committed by its armed forces in wartime — Charter of Fundamental Rights of the European Union — Clear lack of jurisdiction of the Court
Reference for a preliminary ruling from the Tribunale ordinario di Brescia
Language of the case: Italian
Case C‑337/09 P Council v Zhejiang Xinan Chemical Industrial Group
Appeal — Commercial policy — Dumping — Imports of glyphosate originating in China — Regulation (EC) No 384/96 — Article 2(7)(b) and (c) — Status of an undertaking operating under market economy conditions — Concept of ‘significant State interference’ within the meaning of the first indent of Article 2(7)(c) — State shareholder controlling de facto the general meeting of the producer’s shareholders — Equating such control to ‘significant interference’ — Assessment of an export contract stamping mechanism — Limits of judicial review — Assessment of the evidence submitted
Language of the case: English
Case C‑130/10 Parliament v Council
Common foreign and security policy — Regulation (EU) No 881/2002 — Regulation (EU) No 1286/2009 — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Choice of legal basis — Articles 75 TFEU and 215 TFEU — Entry into force of the Treaty of Lisbon — Transitional provisions — CFSP common positions and decisions — Joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the Commission
Language of the case: English
Case C‑334/10 X v Staatssecretaris van Financiën
Sixth VAT Directive — Article 6(2), first subparagraph, (a) and (b), Article 11A(1)(c) and Article 17(2) — Part of a capital item forming part of the assets of a business — Temporary use for private purposes — Permanent alterations to that item — Payment of VAT in respect of the permanent alterations — Right to deduct
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-522/10 Reichel-Albert v Deutsche Rentenversicherung Nordbayern
Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(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
Reference for a preliminary ruling from the Sozialgericht Würzburg
Language of the case: German
Case C‑591/10 Littlewoods Retail and Others v Her Majesty's Commissioners of Revenue and Customs
Second and Sixth VAT Directives — Input tax — Refund of excess — Payment of interest — Procedures
Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division
Language of the case: English
Joined Cases C‑628/10 P and C‑14/11 P Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which the decision is based — Equal treatment
Language of the case: English
Case C‑31/11 Scheunemann v Finanzamt Bremerhaven and Finanzamt Bremen-Mitte
Freedom of establishment — Free movement of capital — Direct taxation — Inheritance tax — Conditions for the calculation of the tax — Acquisition through inheritance of a shareholding, as sole shareholder, in a capital company established in a third country — National legislation excluding shareholdings in such companies from tax advantages
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑33/11 A Oy
Sixth Directive — Exemptions — Article 15(6) — Exemption for the supply of aircraft used by airlines operating for reward chiefly on international routes — Supply of aircraft to an operator who makes them available to such an undertaking — Concept of ‘operating for reward on international routes’ — Charter flights
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑44/11 Finanzamt Frankfurt am Main V-Höchst v Deutsche Bank
Directive 2006/112/EC — Article 56(1)(e) — Article 135(1)(f) and (g) — Exemption for transactions relating to the management of securities-based assets (portfolio management)
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-48/11 Veronsaajien oikeudenvalvontayksikkö v A Oy
Direct taxation — Freedom of establishment — Free movement of capital — EEA Agreement — Articles 31 and 40 — Directive 2009/133/EC — Scope — Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement — Refusal of a tax advantage — Agreement on mutual administrative assistance in the field of taxation
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-62/11 Land Hessen v Feyerbacher
Protocol on the Statute of the European System of Central Banks and of the ECB — Article 36 — Protocol on the Privileges and Immunities of the European Communities — Articles 13, 15 and 23 — ECB Headquarters Agreement — Article 15 — Applicability to ECB staff of the provisions of German social welfare law providing for a parental allowance
Reference for a preliminary ruling from the Hessisches Landessozialgericht
Language of the case: German
Case C‑112/11 ebookers.com Deutschland v Verbraucherzentrale Bundesverband
Transport — Air transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Obligation on the person selling air travel to ensure that the customer’s acceptance of optional price supplements is on an opt-in basis — Concept of ‘optional price supplements’ — Price of flight cancellation insurance provided by an independent insurance company and forming part of the overall price
Reference for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Case C‑130/11 Neurim Pharmaceuticals (1991) v Comptroller General of Patents
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining a supplementary protection certificate — Medicinal product having obtained a valid marketing authorisation — First authorisation — Product successively authorised as a veterinary medicinal product and a human medicinal product
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C‑154/11 Mahamdia v People’s Democratic Republic of Algeria
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction over individual contracts of employment — Contract with an embassy of a third State — Immunity of the employing State — Concept of branch, agency or other establishment within the meaning of Article 18(2) — Compatibility with Article 21 of an agreement conferring jurisdiction on the courts of the third State
Reference for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
Case C‑160/11 Bawaria Motors v Minister Finansów
Directive 2006/112/EC — VAT — Article 136 — Exemptions — Articles 313 to 315 — Special margin scheme — Supply of second-hand vehicles by a taxable dealer — Vehicles previously supplied exempt from VAT to a taxable dealer by another taxable person which had a right of partial deduction of input tax
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Joined Cases C‑213/11, C‑214/11 and C‑217/11 Fortuna and Others v Dyrektor Izby Celnej w Gdyni
Internal market — Directive 98/34/EC — Technical standards and regulations — Procedure for the provision of information in the field of technical standards and regulations — Low-prize gaming machines — Prohibition of the amendment, extension and issue of operating authorisations — Concept of ‘technical regulation’
References for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gdańsku
Language of the case: Polish
Case C-250/11 Lietuvos geležinkeliai v Vilniaus teritorinė muitinė and Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Relief from customs duties and VAT exemptions on imports of goods — Fuel contained in the standard tanks of land motor vehicles — Notion of ‘motorised road vehicle’ — Locomotives — Road transport and transport by rail — Principle of equal treatment — Principle of neutrality
Reference for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
Case C‑263/11 Rēdlihs v Valsts ieņēmumu dienests
Sixth VAT Directive – Directive 2006/112/EC — Concept of ‘economic activity’ — Supplies of timber in order to alleviate the damage caused by a storm — Reverse charge procedure — Failure to register in the register of taxable persons — Fine — Principle of proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑336/11 Receveur principal des douanes and Others v Rohm & Haas Electronic Materials CMP Europe and Others
Common Customs Tariff — Tariff classification — Combined Nomenclature — Polishing pads intended exclusively for semiconductor wafer-polishing machines — Tariff headings 3919 and 8466 (or 8486) — Definition of ‘parts’ or ‘accessories’
Reference for a preliminary ruling from the Cour d’appel de Lyon
Language of the case: French
Case C‑376/11 Pie Optiek v Bureau Gevers and European Registry for Internet Domains
Internet — .eu Top Level Domain — Regulation (EC) No 874/2004 — Domain names — Phased registration — Article 12(2) — Concept of ‘licensees of prior rights’ — Person authorised by the proprietor of a trade mark to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark — No authorisation for other uses of the sign as a trade mark
Reference for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
Case C‑377/11 International Bingo Technology v Tribunal Económico Administrativo Regional de Cataluña
Sixth VAT Directive — Articles 11A(1)(a), 17(5) and 19(1) — Organisation of games of bingo — Legal obligation to use part of the card price to pay winnings to players — Calculation of the basis of assessment
Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C‑451/11 Dülger v Wetteraukreis
EEC-Turkey Association Agreement — Association Council Decision No 1/80 — Article 7, first paragraph — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who was married to a Turkish worker and lived with him for more than three years
Reference for a preliminary ruling from the Verwaltungsgericht Giessen
Language of the case: German
Case C‑470/11 Garkalns v Rīgas Dome
Article 49 EC — Restrictions on freedom to provide services — Equal treatment — Obligation of transparency — Betting and gaming — Casinos, amusement arcades and bingo halls — Obligation to obtain the prior agreement of the municipality of the place of establishment — Discretion — Substantial impairment of the interests of the State and of the residents of the administrative area concerned — Justifications — Proportionality
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑278/12 PPU Adil v Minister voor Immigratie, Integratie en Asiel
Area of freedom, security and justice − Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Abolition of border control at internal borders — Checks within the territory − Measures having an equivalent effect to border checks − National legislation authorising checks of identity, nationality and residence status by officials responsible for border surveillance and monitoring of foreign nationals in a 20 kilometre area extending from the common border with other State parties to the Convention implementing the Schengen Agreement − Checks intended to combat illegal residence − Legislation laying down certain conditions and guarantees concerning, inter alia, the frequency and intensity of the checks
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
Information (on unpublished decisions)
Case C-389/11 P Région Nord-Pas-de-Calais v Commission
Appeal — State aid — Construction of railway equipment — Decisions declaring aid incompatible with the common market and ordering its recovery
Case C‑25/12 P Trevisanato v Commission
Appeal — Article 119 of the Rules of Procedure — Application seeking an order that the Commission take a position concerning the interpretation and the transposition of a directive — Manifest inadmissibility
Case C‑73/12 Procura della Repubblica v Ettaghi
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑74/12 Procura della Repubblica v Tam
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑75/12 Procura della Repubblica v Abdel
Reference for a preliminary ruling — No description of the main proceedings — Manifestly inadmissible
Case C‑467/11 P Audi and Volkswagen v OHIM
Appeal — Community trade mark — Appeal which has become devoid of purpose — No need to adjudicate
Case C‑16/12 Hermes Hitel és Faktor v Nemzeti Földalapkezelő Szervezet
Reference for a preliminary ruling — General principles of European Union law — Forestry Act — Lack of connection to European Union law — Clear lack of jurisdiction of the Court
Case C‑582/11 P Rügen Fisch v OHIM
Appeal — Regulation (EC) No 40/94 — Article 7(1) and (2) — Community trade mark — Word mark SCOMBER MIX — Absolute ground for invalidity — Descriptive character
Case C‑181/11 P Cetarsa v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Equal treatment — Maximum limit of 10% of turnover — Cooperation — Distortion of evidence — Manifest error of assessment — Failure to state reasons
Case C‑278/11 P Dover v Parliament
Appeal — Rules governing the payment of expenses and allowances to Members of the European Parliament — Review of the use of allowances — Parliamentary assistance allowance — Justification of expenditure — Recovery of undue payments
Case C‑372/11 P Power-One Italy v Commission
Appeal — Non‑contractual liability — Project co‑funded by the financial instrument ‘LIFE’ — Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project) — Commission decision to end the project and to recover the advance paid — Compensation for the loss allegedly sustained
Case C‑384/11 Tate & Lyle Investments v Belgische Staat
The first subparagraph of Article 104(3) of the Rules of Procedure — Article 63 TFEU — Tax legislation — Payment of dividends — Withholding tax — Prevention or mitigation of a series of charges to tax — Different treatment of resident recipient companies and non‑resident recipient companies
Case C‑407/11 P Government of Gibraltar v Commission
Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence
Case C‑581/11 P Mugraby v Council and Commission
Appeal — Action for a declaration of failure to act — Infringement of fundamental rights and of the Association Agreement between the European Community and the Republic of Lebanon — Failure of the Council and of the Commission to take measures against the Republic of Lebanon — Action for damages — Appeal manifestly unfounded and manifestly inadmissible
Case C‑608/11 P Land Wien v Commission
Appeal — Nuclear energy — Extension of the nuclear power station at Mochovce (Slovak Republic) — Commission decision to take no further action on complaint — Action for annulment — Refusal by the Commission to send the documents requested — Action for failure to act — Minimum requirements laid down in Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility
Case C‑565/10 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3, 4 and 10 — Collection systems — Secondary or equivalent treatment — Treatment plants — Representative samples
Case C‑145/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2001/82/EC — Veterinary medicinal products — Decentralised procedure for the grant of marketing authorisation for a veterinary medicinal product in a number of Member States — Generic medicinal products similar to the reference medicinal products already authorised — Refusal to approve request by a Member State — Composition and form of the medicinal product
Case C‑264/11 P Kaimer and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Penalty — Copper and copper alloy fittings sector — Probative value of statements made in the context of the leniency policy
Joined Cases C‑587/11 P‑R and C‑588/11 P‑R Omnicare v OHIM
Interim relief — Appeals — Application for interim measures — Community trade mark
Case C‑110/12 P(R) Akhras v Council
Appeal — Application for interim measures — Restrictive measures against Syria — Freezing of funds and economic resources — Application for suspension of operation of measures and for interim measures — No urgency — No serious and irreparable damage
September 2012
Case C‑355/10 Parliament v Council
Schengen Borders Code — Decision 2010/252/EU — Surveillance of the sea external borders — Introduction of additional rules governing border surveillance — Commission’s implementing powers — Scope — Application for annulment
Language of the case: English
Case C‑42/11 Proceedings concerning the execution of a European arrest warrant issued against João Pedro Lopes Da Silva Jorge
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Article 4(6) — Ground for optional non-execution of the European arrest warrant — Implementation in national law — Arrested person is a national of the issuing Member State — European arrest warrant issued for the purposes of enforcing a custodial sentence — Legislation of a Member State restricting the power not to execute the European arrest warrant to cases where the requested persons are nationals of that State
Reference for a preliminary ruling from the cour d’appel d’Amiens
Language of the case: French
Joined Cases C‑71/11 and C‑99/11 Bundesrepublik Deutschland v Y and Z
Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Article (2)(c) — Classification as a ‘refugee’ — Article 9(1) — Definition of ‘acts of persecution’ — Article 10(1)(b) — Religion as ground for persecution — Connection between the reasons for persecution and the acts of persecution — Pakistani nationals who are members of the Ahmadiyya religious community — Acts by the Pakistani authorities designed to prohibit the manifestation of a person’s religion in public — Acts sufficiently serious for the person concerned to have a well-founded fear of being persecuted on account of his religion — Individual assessment of the facts and circumstances — Article 4
References for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑83/11 Secretary of State for the Home Department v Rahman and Others
Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Article 3(2) — Obligation to facilitate, in accordance with national legislation, entry and residence for ‘any other family members’ who are dependants of a Union citizen
Reference for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber)
Language of the case: English
Case C‑38/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Article 49 TFEU — Tax legislation — Transfer of residence for tax purposes — Transfer of assets — Immediate exit tax
Language of the case: Portuguese
Case C 262/10 Döhler Neuenkirchen v Hauptzollamt Oldenburg
Community Customs Code — Regulation (EEC) No 2913/92 — Article 204(1)(a) — Inward processing procedure — System of suspension — Incurrence of a customs debt — Non-fulfilment of an obligation to supply the bill of discharge within the prescribed period
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑490/10 Parliament v Council
Action for annulment — Regulation (EU, Euratom) No617/2010 — Notification to the Commission of investment projects in energy infrastructure within the European Union — Choice of legal basis — Article 337 TFEU and Article 187 EA — Article 194 TFEU
Language of the case: French
Case C–544/10 Deutsches Weintor v Land Rheinland-Pfalz
Reference for a preliminary ruling — Approximation of laws — Public health — Consumer information and protection — Labelling and presentation of foodstuffs — Concepts of ‘nutrition claims’ and ‘health claims’ — Regulation (EC) No 1924/2006 — Description of a wine as ‘easily digestible’ — Reference to reduced acidity levels — Beverages containing more than 1.2% by volume of alcohol — Prohibition of health claims — Charter of Fundamental Rights of the European Union — Article 15(1) — Freedom to choose an occupation — Article 16 — Freedom to conduct a business — Compatibility
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑619/10 Trade Agency v Seramico Investments
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Enforcement — Grounds for challenge — Document instituting proceedings not served on the defendant — Review by the court in which enforcement is sought — Scope — Value of the information in the certificate — Infringement of public policy — Judgment lacking reasoning
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑18/11 Commissioners for Her Majesty's Revenue & Customs v Philips Electronics UK
Freedom of establishment – Tax legislation – Corporation tax – Group relief – National legislation excluding the transfer of losses incurred in the national territory by a non-resident branch of a company established in another Member State to a company of the same group established in the national territory
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C‑28/11 Eurogate Distribution v Hauptzollamt Hamburg-Stadt
Community Customs Code – Regulation (EEC) No 2913/92 – Article 204(1)(a) – Customs warehousing procedure – Customs debt incurred through non-fulfilment of an obligation – Delayed entry in stock records of information concerning the removal of goods from a customs warehouse
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑36/11 Pioneer Hi Bred Italia v Ministero delle Politiche Agricole, Alimentari e Forestali
Agriculture — Genetically modified organisms — Council Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms accepted for inclusion in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the unintended presence of genetically modified organisms — National measures prohibiting the cultivation of genetically modified organisms accepted for inclusion in the common catalogue and authorised as existing products pending measures based on Article 26a of Directive 2001/18/EC
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C‑147/11 and C‑148/11 Secretary of State for Work and Pensions v Czop and Punakova
Regulation (EEC) No 1612/68 — Directive 2004/38/EC — Right of permanent residence — Social assistance benefits — Care of a child — Period of residence completed before the State of origin acceded to the European Union
References for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
Case C‑150/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Directive 1999/37/EC — Registration documents for vehicles — Vehicles previously registered in another Member State — Change of ownership — Requirement of a roadworthiness test — Requirement of production of a certificate of conformity — Roadworthiness test carried out in another Member State — Non-recognition — Lack of justification
Language of the case: French
Case C‑170/11 Lippens and Others v Kortekaas and Others
Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil or commercial matters — Matters covered — Hearing by the court of a Member State of a witness who is a party in the main proceedings residing in another Member State — Possibility to summon a party as a witness before the competent court in accordance with the law of its Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑190/11 Mühlleitner v Yusufi and Yusufi
Jurisdiction in civil and commercial matters — Jurisdiction over consumer contracts — Regulation (EC) No 44/2001 — Article 15(1)(c) — Possible limitation of that jurisdiction to distance contracts
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑273/11 Mecsek-Gabona v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
VAT — Directive 2006/112/EC — Article 138(1) — Conditions of exemption for intra-Community transactions characterised by the obligation on the purchaser to ensure, as from the time of their loading, the transport of the goods of which it disposes as owner — Obligation on the vendor to prove that the goods have physically left the territory of the Member State of supply — Removal from the register, with retroactive effect, of the customer’s VAT identification number
Reference for a preliminary ruling from the Baranya Megyei Bíróság
Language of the case: Hungarian
Case C‑308/11 Chemische Fabrik Kreussler v Sunstar Deutschland
Directive 2001/83/EC — Medicinal products for human use — Article 1(2)(b) — Meaning of ‘medicinal product by function’ — Definition of the term ‘pharmacological action’
Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
Case C‑324/11 Tóth v Nemzeti Adó- és Vámhivatal Észak-magyarországi Regionális Adó Főigazgatósága
Taxation — VAT — Directive 2006/112/EC — Article 9 — Meaning of taxable person — Right to deduct — Refusal — Principle of tax neutrality — Issuer of the invoice removed from the business register — Issuer of the invoice having failed to declare his employees to the tax authority — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice vis-à-vis the tax authority
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
Case C‑380/11 DI VI Finanziaria di Diego della Valle & C. SapA v Directeur de l'Administration des contributions en matière d'impôts
Freedom of establishment — Article 49 TFEU — Tax legislation — Capital tax — Conditions for granting a reduction in capital tax — Situation where a company is no longer liable to capital tax following transfer of its seat to another Member State — Restriction — Justification — Overriding reasons in the public interest
Reference for a preliminary ruling from the tribunal administratif (Luxembourg)
Language of the case: French
Joined Cases C‑422/11 P and C‑423/11 P Prezes Urzędu Komunikacji Elektronicznej and Poland v Commission
Appeals — Action for annulment — Inadmissibility of the action — Representation before the Courts of the European Union — Lawyer — Independence
Language of the case: Polish
Case C‑471/11 Cido Grupa v Valsts ieņēmumu dienests
Accession of new Member States — Transitional measures — Agricultural products — Sugar — Regulation (EC) No 60/2004 — Basis of assessment and rate applicable for the charge on surplus stocks
Reference for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
Case C‑487/11 Treimanis v Valsts ieņēmumu dienests
Regulation (EEC) No 918/83 — Articles 1(2)(c), 2 and 7(1) — Relief from import duties on personal property — The term ‘property intended … for meeting … household needs’ — Motor vehicle imported into the European Union — Vehicle used by a member of the family of the importing owner
Reference for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C‑496/11 Portugal Telecom v Fazenda Pública
VAT — Sixth Directive — Articles 17(2) and 19 — Deductions — VAT due or paid for services acquired by a holding company — Services having a direct, immediate and unequivocal relationship with taxable output transactions
Reference for a preliminary ruling from theTribunal Central Administrativo Sul
Language of the case: Portuguese
Case C‑524/11 Lowlands Design Holding v Minister van Financiën
Common Customs Tariff — Combined Nomenclature — Tariff classification — Romper bags for babies and young children — Subheadings 6209 20 00 or 6211 42 90
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑43/10 Nomarchiaki Aftodioikisi Aitoloakarnanias and Others v Ipourgos Perivallontos, Chorotaxias kai Dimosion ergon and Others
Reference for a preliminary ruling — Directives 85/337/EEC, 92/43/EEC, 2000/60/EC and 2001/42/EC — Community action in the field of water policy — Diversion of the course of a river — Meaning of the time limit for production of river basin management plans
Reference for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Joined Cases C‑113/10, C‑147/10 and C‑234/10 Zuckerfabrik Jülich and Others v Hauptzollamt Aachen and Others
Common agricultural policy — Common organisation of the markets — Producers of sugar and of isoglucose — Calculation of production levies — Validity of a method of calculation taking into account fictitious refund amounts for those quantities of sugar exported without refund — Retroactive effect of the legislation — Exchange rate — Award of interest
References for a preliminary ruling brought by the Finanzgericht Düsseldorf, by the High Court of Justice of England and Wales, Chancery Division and the tribunal de grande instance de Nanterre
Languages of the case: German, English and French
Case C‑587/10 VSTR v Finanzamt Plauen
Taxation — Value added tax — Supply of goods — Taxation of chain transactions — Refusal to exempt on grounds of failure to produce the VAT identification number of the person acquiring goods
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑137/11 Partena v Les Tartes de Chaumont-Gistoux
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 13 and 14c — Legislation applicable — Self-employed persons — Social security scheme — Insurance — Person employed or unemployed in a Member State — Self-employed activity in another Member State — Company agent — Residence in a Member State other than the State where the company has its registered office — Management of the company from the State of residence — National legislation establishing an irrebuttable presumption of pursuing a professional activity as a self-employed person in the Member State where the company has its registered office — Obligatory insurance with that State’s social security scheme for self-employed persons
Reference for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C‑179/11 Cimade and GISTI v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Applications for asylum — Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Regulation (EC) No 343/2003 — Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State — Determining the Member State obliged to assume the financial burden of the minimum conditions
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑392/11 Field Fisher Waterhouse v Commissioners for Her Majesty's Revenue and Customs
VAT – Exemption for leasing of immovable property – Leasing of commercial premises – Services connected with the leasing – Classification of the transaction for VAT purposes – Transaction consisting of a single supply or several independent supplies
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Information (on unpublished decisions)
Case C‑96/11 P August Storck v OHIM
Appeal — Community trade mark — Absolute ground for refusal — Lack of distinctive character — Three-dimensional sign consisting of the shape of a chocolate mouse
Case C‑327/11 P United States Polo Association v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ‘U.S. POLO ASSN.’ — Opposition by the holder of the earlier word mark ‘POLO-POLO’
Case C‑495/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Duty to state reasons
Case C‑587/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑588/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑197/07 P-DEP TDK Kabushiki Kaisha v Aktieselskabet af 21. november 2001 and OHIM
Taxation of costs
Case C‑540/11 Levy and Sebbag v Belgian State
Free movement of capital — Direct taxation — Taxation of dividends — Bilateral convention which precludes double taxation — Subsequent amendment, by one of the two States party to the convention, of its national legislation, having the effect of reintroducing double taxation — Obligations of the Member States under Articles 10 EC and 293 EC
Case C‑69/12 P Noscira v OHIM
Appeal — Original signed copy of the application lodged after the time limit — Regularisable defect — Excusable error — Appeal manifestly unfounded
Case C‑624/11 P Brighton Collectibles v OHIM
Appeal — Community trade mark — Regulations (EC) No 40/94 and (EC) No 207/2009 — Article 8(4) — Community word mark BRIGHTON — Opposition proceedings — Interpretation of the provisions of national law on relative grounds for refusal of registration
October 2012
Case C–22/11 Finnair v Lassooy
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Exclusion from characterisation as ‘denied boarding’ — Cancellation of a flight caused by a strike at the airport of departure — Rescheduling of flights after the cancelled flight — Right to compensation of the passengers on those flights
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C‑75/11 Commission v Austria
Failure of a Member State to fulfil obligations — Citizenship of the Union − Right to move and reside freely − Articles 20 TFEU and 21 TFEU − Discrimination on grounds of nationality − Article 18 TFEU − Directive 2004/38/EC − Article 24 — Derogation − Scope − Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State
Language of the case: German
Case C‑115/11 Format Urządzenia i Montaże Przemysłowe v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Social security — Determination of the legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(b) — Person normally employed in the territory of two or more Member States — Successive employment contracts — Employer established in the Member State of habitual residence of the worker — Employment performed exclusively in other Member States
Reference for a preliminary ruling from the Sąd Apelacyjny — Sąd Pracy i Ubezpieczeń Społecznych w Warszawie
Language of the case: Polish
Case C‑249/11 Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti
Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Article 27 — Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person — Principle of legal certainty with regard to administrative acts which have become final — Principles of equivalence and effectiveness
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑321/11 Rodríguez Cachafeiro and Martínez-Reboredo Varela-Villamor v Iberia
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Cancellation of a passenger’s boarding card by an air carrier because of the anticipated delay to an earlier flight also operated by it which included check-in for the flight concerned
Reference for a preliminary ruling from the Juzgado de lo Mercantil No 2 de A Coruña
Language of the case: Spanish
Case C‑390/11 CS AGRO Ronov v Ministerstvo zemědělství
Agriculture — Sugar sector — Common organisation of the markets — Application for restructuring aid — Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet — Definition — Unilateral declaration of the producer — Refusal to grant aid — Need to terminate the existing delivery contract
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑550/11 PIGI v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Right to deduction — Adjustment — Theft of goods
Reference for a preliminary ruling from the Administrativen sad — Varna
Language of the case: Bulgarian
Case C‑364/10 Hungary v Slovakia
Failure of a Member State to fulfil obligations — Article 259 TFEU — Citizenship of the European Union — Article 21 TFEU — Directive 2004/38/EC — Right to move within the territory of the Member States — President of Hungary — Prohibition on entering the territory of the Slovak Republic — Diplomatic relations between Member States
Language of the case: Slovak
Case C‑614/10 Commission v Austria
Failure of a Member State to fulfil obligations – Directive 95/46/EC – Processing of personal data and free movement of such data – Protection of natural persons – Article 28(1) – National supervisory authority – Independence – Supervisory authority and the Federal Chancellery – Personal and organisational links
Language of the case: German
Case C-301/10 Commission v United Kingdom
Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste water treatment – Directive 91/271/EEC – Articles 3, 4 and 10 – Annex I(A) and (B)
Language of the case: English
Case C-385/10 Elenca v Ministero dell'Interno
Free movement of goods – Quantitative restrictions and measures having equivalent effect – Internal liners in flues and chimney pipes – Lack of CE conformity marking – Marketing precluded
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑498/10 X NV v Staatssecretaris van Financiën
Freedom to provide services — Restrictions — Fiscal legislation — Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in another Member State — No such obligation in respect of a service provider established in the same Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑502/10 State Secretary van Justitie v Mangat Singh
Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Article 3(2)(e) – Residence based on a formally limited permit
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C‑583/10 The United States of America v Nolan
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – Lack of jurisdiction of the Court
Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-603/10 Pelati v Republika Slovenija
Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at least 30 days before the proposed operation is effected
Reference for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
Case C-37/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations – Admissibility – Regulation No 1234/2007 – Article 115 – Annex XV – Point I(2) – Appendix to Annex XV – Part A – Sales designations ‘butter’ and ‘dairy spread’ – Sales designation ‘pomazánkové máslo’ (butter spread) – List of derogations
Language of the case: Czech
Joined Cases C-101/11 P and C-102/11 P Neuman and Galdeano del Sel v OHIM and OHIM v José Manuel Baena Grupo
Appeals – Community design – Regulation (EC) No 6/2002 – Articles 6, 25(1)(b) and (e), and 61 – Registered Community design or model representing a seated figure – Earlier Community figurative mark – Different overall impression – Degree of freedom of the designer – Informed user – Scope of judicial review – No statement of reasons
Language of the case: Spanish
Case C-173/11 Football Dataco and Others v Sportradar and Sportradar
Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re‑utilisation – Localisation of the act of re-utilisation
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C-218/11 Édukövízig and Hochtief Solutions (formerly Hochtief Construction) v Közbeszerzések Tanácsa Közbeszerzési Döntőbizottság
Directive 2004/18/EC – Public works contracts, public supply contracts and public service contracts – Articles 44(2) and 47(1)(b), (2) and (5) – Economic and financial standing of tenderers – Minimum capacity established on the basis of a single accounting indicator – Accounting indicator liable to be influenced by divergences between national laws as regards annual company accounts
Reference for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
Case C‑234/11 TETS Haskovo v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation − VAT − Right of deduction − Contribution in kind − Destruction of property − New buildings – Adjustment
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Joined Cases C-302/11 to C-305/11 Valenza and Others v Autorità Garante della Concorrenza e del Mercato
Social policy – Directive 1999/70/EC − Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 − Fixed-term employment contracts in the public sector – National Competition Authority – Stabilisation procedure – Recruitment of workers employed for a fixed term as career civil servants without a public competition – Determination of length of service – Complete disregard of periods of service completed under fixed-term employment contracts – Principle of non-discrimination
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑371/11 Punch Graphix Prepress Belgium v Belgische Staat
Reference for a preliminary ruling – Admissibility – Reference by domestic law to European Union law – Directive 90/435/EEC – Directive 90/434/EEC – Prevention of economic double taxation – Exception – Liquidation of a subsidiary upon a merger – Distribution of profits – Concept of ‘liquidation’
Reference for a preliminary ruling from the hof van beroep te Gent
Language of the case: Dutch
Case C‑402/11 P Jager & Polacek v OHIM
Appeal – Community trade mark – Opposition – Regulation (EC) No 2868/95 – Rule 18(1) – Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible – Right to an effective legal remedy
Language of the case: German
Case C‑428/11 Purely Creative and Others v Office of Fair Trading
Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind
Reference for a preliminary ruling from the la Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C‑525/11 Mednis v Valsts ieņēmumu dienests
VAT – Directive 2006/112/EC – Article 183 – Conditions for the refund of the excess VAT – National legislation deferring the refund of part of the excess VAT pending examination of the taxable person’s annual tax return – Principles of fiscal neutrality and proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C-300/10 Marques Almeida v Companhia de Seguros Fidelidade and Others
Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 84/5/EEC – Article 2(1) – Directive 90/232/EEC – Article 1 – Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles – Civil liability of the insured person – Victim’s contribution to loss or injury – Limitation of the right to compensation
Reference for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
Joined Cases C‑581/10 and C‑629/10 Nelson and Others v Deutsche Lufthansa and Civil Aviation Authority
Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility
References for a preliminary ruling from the Amtsgericht Köln (Germany) and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)
Languages of the case: German and English
Case C‑557/10 Commission v Portugal
Failure of a Member State to fulfil obligations – Transport – Development of the Community’s railways – Directive 91/440/EEC – Article 5(3) – Rail transport undertakings – Freedom of management – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to the infrastructure manager – Directive 2001/14/EC – Article 6(1) – Balancing the accounts – Appropriate conditions – Incomplete transposition
Language of the case: Portuguese
Case C-133/11 Folien Fischer and Fofitec v Ritrama
Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-318/11 and C-319/11 Daimler and Widex v Skatteverket
Common system of value added tax – Directive 2006/112/EC – Articles 170 and 171 – Eighth VAT Directive – Article 1 – Directive 2008/9/EC – Article 3(a) – Arrangements for the refund of value added tax to taxable persons not established in the territory of the country – Taxable persons established in one Member State and carrying out in another Member State only technical testing or research activities
References for a preliminary ruling from the Förvaltningsrätten i Falun
Language of the case: Swedish
Case C‑367/11 Prete v Office national de l'emploi
Freedom of movement for persons – Article 39 EC – National of a Member State seeking employment in another Member State – Equal treatment – Tideover allowance for young persons seeking their first job – Grant subject to completion of at least six years’ studies in the host State
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑387/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – Taxation of income from capital and movable property – Resident and non-resident investment companies – Withholding tax – Setting off of withholding tax – Exemption of income from capital and movable property – Discrimination – Justifications
Language of the case: French
Case C‑553/11 Rintisch v Eder
Trade marks – Directive 89/104/EEC – Article 10(1) and (2)(a) – Genuine use – Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark – Temporal effects of a judgment
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑557/11 Kozak v Dyrektor Izby Skarbowej w Lublinie
VAT – Directive 2006/112/EC – Articles 306 to 310 – Special scheme for travel agents – Transport services carried out by travel agents acting in their own name – Concept of single service – Article 98 – Reduced VAT rate
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑592/11 Anssi Ketelä
Agriculture – Regulations (EC) No 1698/2005 and 1974/2006 – Setting up aid for young farmers – Conditions for grant – Setting up for the first time on an agricultural holding as head of the holding – Conditions governing applicability where the person concerned sets up using a legal person
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Information (on unpublished decisions)
Case C‑649/11 P Cooperativa Vitivinícola Arousana v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA
Case C‑391/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Directive 2000/53/EC – Article 2(3) – Protection of the environment – End-of-life vehicles – Notion of producer
Case C‑403/11 Commission v Spain
Failure of Member State to fulfil obligations – Directive 2000/60/EC – River basin management plans – Publication and reporting to the Commission – Public information and consultation – Failure to undertake
Case C‑502/11 Vivaio dei Molini Azienda Agricola Porro Savoldi v Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture
Public works contracts – Directive 93/37/EEC – Article 6 – Principles of equal treatment and openness – Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) – Institutional and statutory objectives – Agricultural undertakings
Case C‑559/11 Pelckmans Turnhout v Walter Van Gastel Balen and Others
Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure – Directive 2005/29/EC – Unfair commercial practices – National legislation prohibiting the opening of an establishment seven days a week
Case C‑597/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of a tender – Obligation to state reasons – Regulation (EC, Euratom) No 1605/2002 – Article 89 – Regulation (EC, Euratom) No 2342/2002 – Articles 140 and 141 – Period allowed for the receipt of tenders – Period allowed for the submission of requests for information
Case C‑629/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of the tender – Obligation to state the reasons on which the decision is based – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Time-limit for replying to a request for information – Regulation (EC, Euratom) No 2342/2002 – Article 149(2
Case C‑669/11 ED et F Man Alcohols v Viniflhor
Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Scope ratione materiae – Meaning of ‘detriment to the financial interests of the European Union’ – Individual invitation to tender for the export of vinous alcohol held by intervention agencies – Export of quantities of alcohol outside the European Union after the expiry of the prescribed time-limit – Retention of the performance guarantee – Administrative measures – Administrative penalties – Regulation (EC) No 360/95 – Regulation (EC) No 1623/2000 – Retroactive application of a less severe penalty
Case C‑497/11 P Greece v Commission
Appeal – ERDF – Reduction in financing – Objective 1 operational programme (1994‑1999), ‘Accessibility and Trunk Roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Professional secrecy – Rate of financial correction – Discretion of the Commission – Judicial review
Case C‑611/11 P ara v OHIM
Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – International registration designating the European Community – Figurative mark A with two triangular motifs – Earlier national word mark A – Relative grounds for refusal – No likelihood of confusion
Case C‑31/12 Prokuratura Rejonowa w Zakopanem v Ziemski and Kozak
Reference for a preliminary ruling – No description of the main proceedings – Manifest inadmissibility
Case C‑554/11 P Internationaler Hilfsfonds v Commission
Appeal – Access to documents – Refusal of full access to documents relating to contract LIEN 97‑2011 – Action for annulment – Fresh examination in the course of proceedings – Bringing a separate annulment action
Case C‑252/11 Šujetová v Rapid life životná poisťovňa
Reference for a preliminary ruling — No need to adjudicate
Case C‑164/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period
Case C‑168/12 P(R) Hassan v Council
Appeal – Application for interim measures – Restrictive measures against Syria – Freezing of funds and economic resources – Application for suspension of operation and interim measures – Lack of any urgency
November 2012
Case C‑551/10 P Éditions Odile Jacob v Commission
Appeal – Concentrations of undertakings in the book publishing market – Regulation (EEC) No 4064/89 – Nominee holding agreement – Ineffective grounds
Language of the case: French
Joined Cases C‑553/10 P and C‑554/10 P Commission v Éditions Odile Jacob and Lagardère v Commission
Appeals – Merger of undertakings in the book publishing market – Annulment of the decision to approve an investment company as the purchaser of the assets sold – Significance of a trustee’s possible lack of independence
Language of the case: French
Case C‑199/11 Europese Gemeenschap v Otis and Others
Representation of the European Union before national courts — Articles 282 EC and 335 TFEU — Claim for damages in respect of loss caused to the European Union by a cartel — Article 47 of the Charter of Fundamental Rights of the European Union — Right to fair hearing — Right of access to a tribunal — Equality of arms — Article 16 of Regulation No 1/2003
Reference for a preliminary ruling from the rechtbank van koophandel te Brussel
Language of the case: Dutch
Case C‑245/11 K v Bundesasylamt
Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Humanitarian clause – Article 15 of that regulation – Person who enjoys asylum in a Member State and is dependent on the assistance of an asylum seeker because she suffers from a serious illness – Article 15(2) of the regulation – Obligation on that Member State, which is not responsible according to the criteria laid down in Chapter III of that regulation, to examine the application for asylum made by that asylum seeker – Conditions
Reference for a preliminary ruling from the Asylgerichtshof
Language of the case: German
Case C‑286/12 Commission v Hungary
Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period
Language of the case: Hungarian
Case C‑342/10 Commission v Finland
Failure of a Member State to fulfil obligations — Free movement of capital — Article 63 TFEU — EEA Agreement — Article 40 — Taxation of dividends paid to non-resident pension funds
Language of the case: Finnish
Case C‑511/10 Finanzamt Hildesheim v BLC Baumarkt
Sixth VAT Directive — Article 17(5), third subparagraph — Right to deduct input VAT — Goods and services used both for taxable transactions and exempt operations — Rental of a building for commercial and habitation purposes — Criteria for calculation prorata deduction of VAT
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑40/11 Iida v Stadt Ulm
Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union citizen in the host Member State and remaining in the citizen’s Member State of origin – Right of residence of a third-country national in the Member State of origin of a citizen residing in another Member State – Citizenship of the Union – Fundamental rights
Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
January 2012
Case C‑302/10 Infopaq International v Danske Dagblades Forening
Copyright — Information society — Directive 2001/29/EC — Article 5(1) and (5) — Literary and artistic works — Reproduction of short extracts of literary works — Newspaper articles — Temporary and transient reproductions — Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage of part of that reproduction — Acts of temporary reproduction which form an integral and essential part of such a technological process — Purpose of those acts being the lawful use of a work or protected subject-matter — Independent economic significance of those acts
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
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Order of the Court (Third Chamber), 17 January 2012
ECLI:EU:C:2012:16 |
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Case C-347/10 Salemink v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Social security for migrant workers — Regulation (EEC) No 1408/71 — Worker employed on gas-drilling platform on the continental shelf adjacent to the Netherlands — Compulsory insurance — Refusal to pay invalidity benefit
Reference for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Cruz Villalón delivered on 8 September 2011
ECLI:EU:C:2011:562 |
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Judgment of the Court (Grand Chamber), 17 January 2012
ECLI:EU:C:2012:17 |
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Case C-392/10 Suiker Unie v Hauptzollamt Hamburg-Jonas
Regulation (EC) No 800/1999 — Article 15(1) and (3) — Agricultural products — System of export refunds — Differentiated export refund — Conditions for granting — Import of the product into the third country of destination — Payment of import duties
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Judgment of the Court (Fifth Chamber), 19 January 2012
ECLI:EU:C:2012:23 |
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Case C‑53/11 P OHIM v Nike International
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 58 — Regulation (EC) No 2868/95 — Rules 49 and 50 — Word mark R10 — Opposition — Assignment — Admissibility of an appeal — Concept of ‘person entitled to appeal’ — Applicability of the OHIM Guidelines
Language of the case: Spanish
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Judgment of the Court (Second Chamber), 19 January 2012
ECLI:EU:C:2012:27 |
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Case C-282/10 Dominguez v Centre informatique du Centre Ouest Atlantique and Préfet de la région Centre
Social policy — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Precondition for entitlement imposed by national rules — Absence of the worker — Length of the leave entitlement based on the nature of the absence — National rules incompatible with Directive 2003/88 — Role of the national court
Reference for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
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Opinion of Advocate General Trstenjak delivered on 8 September 2011
ECLI:EU:C:2011:559 |
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Judgment of the Court (Grand Chamber), 24 January 2012
ECLI:EU:C:2012:33 |
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Case C‑218/10 ADV Allround v Finanzamt Hamburg-Bergedorf
VAT — Sixth Directive — Articles 9, 17 and 18 — Determination of the place where services are supplied — Concept of ‘supply of staff’ — Self-employed persons — Need to ensure that a provision of services is assessed identically in relation to the provider and in relation to the recipient
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Opinion of Advocate General Mazák delivered on 28 June 2011
ECLI:EU:C:2011:428 |
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Judgment of the Court (First Chamber), 26 January 2012
ECLI:EU:C:2012:35 |
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Case C-586/10 Kücük v Land Nordrhein-Westfalen
Social policy — Directive 1999/70/EC — Clause 5(1)(a) of the Framework Agreement on fixed-term work — Successive fixed-term employment contracts — Objective reasons liable to justify the renewal of such contracts — National rules justifying the use of fixed-term contracts in cases of temporary replacement — Permanent or recurring need for replacement staff — Taking into account of all circumstances surrounding the renewal of successive fixed-term contracts
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Second Chamber), 26 January 2012
ECLI:EU:C:2012:39 |
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Case C‑588/10 Minister Finansów v Kraft Foods Polska
Taxation — VAT — Directive 2006/112/EC — Article 90(1) — Price reduced after the supply has taken place — National legislation which makes the reduction of the taxable amount contingent on the supplier of the goods or services possessing acknowledgment of receipt of a correcting invoice by the purchaser of the goods or services — Principle of VAT neutrality — Principle of proportionality
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Second Chamber), 26 January 2012
ECLI:EU:C:2012:40 |
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Information (on unpublished decisions)
Case C‑462/10 P Evropaïki Dynamiki v EEA
Appeal — Public service contracts — Invitation to tender — Supply of computing advice services — Rejection of the tender — Decision to award the contract to another tenderer — Selection and award criteria — Confusion of the criteria — Weighting of the criteria — Full copy of the evaluation report — Inadequate statement of reasons
Case C‑496/10 Criminal proceedings against Patriciello
Article 104(3), first subparagraph, of the Rules of Procedure — Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of insulting behaviour — Statements made outside the precincts of the European Parliament — Definition of expression of an opinion in the performance of parliamentary duties — Immunity — Conditions
Case C‑117/11 Purple Parking and Airparks Services v Commissioners for Her Majesty's Revenue & Customs
First subparagraph of Article 104(3) of the Rules of Procedure — Taxation — VAT — Sixth Directive — Article 28(2)(a) — Article 28(3)(b) — Exemption of certain transport services — Transaction combining car parking services and the transport of travellers between the car park and an airport — Existence of two separate supplies of services or of a single supply — Principle of fiscal neutrality
Case C‑227/11 DHL Danzas Air & Ocean v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
Article 104(3) of the Rules of Procedure — Common Customs Tariff — Tariff headings — Network analysers — Classification — Legal value of a classification opinion of the World Customs Organisation
Case C‑185/11 Commission v Slovenia
Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Incorrect and incomplete transposition
Case C‑192/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Scope of the system of protection — Derogations from the prohibitions laid down by the directive
February 2012
Case C‑545/09 Commission v United Kingdom
Convention defining the Statute of the European Schools — Interpretation and application of Articles 12(4)(a) and 25(1) — Right of seconded teachers to access to the same progression in status and pay as those enjoyed by their national counterparts — Exclusion of certain teachers seconded by the United Kingdom to the European Schools from access to improved pay scales and other additional payments available to their national counterparts — Incompatibility with Articles 12(4)(a) and 25(1)
Language of the case: English
| Summary |
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Opinion of the Advocate General Mengozzi delivered on 7 July 2011
ECLI:EU:C:2011:461 |
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Judgment of the Court (First Chamber), 2 February 2012
ECLI:EU:C:2012:52 |
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Case C‑249/10 P Brosmann Footwear (HK) and Others v Council
Appeal — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Regulation (EC) No 384/96 — Articles 2(7), 9(5) and 17(3) — Market economy treatment — Individual treatment — Sampling
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 September 2011
ECLI:EU:C:2011:544 |
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Judgment of the Court (Third Chamber), 2 February 2012
ECLI:EU:C:2012:53 |
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Case C‑210/10 Urbán v Vám- és Pénzügyőrség Észak-alföldi Regionális Parancsnoksága
Road transport — Breach of the rules on the use of the tachograph — Obligation on Member States to establish proportionate penalties — Flat-rate fine — Proportionality of the penalty
Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (First Chamber), 9 February 2012
ECLI:EU:C:2012:64 |
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Case C‑277/10 Luksan v van der Let
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directives 93/83/EEC, 2001/29/EC, 2006/115/EC and 2006/116/EC — Sharing of the rights to exploit a cinematographic work, by contract, between the principal director and the producer of the work — National legislation allotting those rights, exclusively and by operation of law, to the film producer — Possibility of departing from that rule by an agreement between the parties — Subsequent rights to remuneration
Reference for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 6 September 2011
ECLI:EU:C:2011:545 |
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Judgment of the Court (Third Chamber), 9 February 2012
ECLI:EU:C:2012:65 |
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Case C‑204/09 Flachglas Torgau v Bundesrepublik Deutschland
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Access to environmental information — Bodies or institutions acting in a legislative capacity — Confidentiality of the proceedings of public authorities — Condition that the confidentiality must be provided for by law
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 June 2011
ECLI:EU:C:2011:413 |
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Judgment of the Court (Grand Chamber), 14 February 2012
ECLI:EU:C:2012:71 |
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Case C‑17/10 Toshiba Corporation and Others v Úřad pro ochranu hospodářské soutěže
Competition — Cartel, in the territory of a Member State, having begun before that State acceded to the European Union — Cartel of international scope having effects in the territory of the Union and the European Economic Area — Article 81 EC and Article 53 of the EEA Agreement — Prosecution and penalty for the infringement for the period before the date of accession and the period following that date — Fines — Delimitation of the powers of the Commission and those of the national competition authorities — Imposition of fines by the Commission and by the national competition authority — Principle ne bis in idem — Regulation (EC) No 1/2003– Articles 3(1) and 11(6) — Consequences of the accession of a new Member State to the Union
Reference for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 8 September 2011
ECLI:EU:C:2011:552 |
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Judgment of the Court (Grand Chamber), 14 February 2012
ECLI:EU:C:2012:72 |
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Joined Cases C‑191/09 P and C‑200/09 P Council v Interpipe Niko Tube and Interpipe NTRP and Commission v Council
Appeals — Anti‑dumping duties — Regulation (EC) No 954/2006 — Imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine — Regulation (EC) No 384/96 — Article 2(10)(i), Article 3(2), (3) and (5) to (7), Article 18(3) and Article 19(3) — Calculation of the normal value and of the injury — ‘Single economic entity’ — Rights of the defence — No statement of reasons
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 14 April 2011
ECLI:EU:C:2011:245 |
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Judgment of the Court (Third Chamber), 16 February 2012
ECLI:EU:C:2012:78 |
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Joined Cases C‑72/10 and C‑77/10 Criminal proceedings against Costa and Cifone
Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibition under national legislation — Whether permissible
References for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 27 October 2011
ECLI:EU:C:2011:699 |
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Judgment of the Court (Fourth Chamber), 16 February 2012
ECLI:EU:C:2012:80 |
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Case C‑182/10 Solvay and Others v Région wallonne
Assessment of the effects of projects on the environment — Concept of legislative act — Force and effect of the guidance in the Aarhus Convention Implementation Guide — Consent for a project given without an appropriate assessment of its effects on the environment — Access to justice in environmental matters — Extent of the right to a review procedure — Habitats Directive — Plan or project affecting the integrity of the site — Imperative reason of overriding public interest
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 16 February 2012
ECLI:EU:C:2012:82 |
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Case C-360/10 SABAM v Netlog
Information society — Copyright — Internet — Hosting service provider — Processing of information stored on an online social networking platform — Introducing a system for filtering that information in order to prevent files being made available which infringe copyright — No general obligation to monitor stored information
Reference for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 16 February 2012
ECLI:EU:C:2012:85 |
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Case C‑372/10 Pak-Holdco v Dyrektor Izby Skarbowej w Poznaniu
Taxation — Indirect taxes on the raising of capital — Capital duty levied on capital companies — Obligation on a Member State to take account of directives which were no longer in force at the time of that State’s accession — Exclusion, from the amount on which capital duty is charged, of the amount of the assets belonging to the capital company which are allocated to the increase in capital and which have already been subjected to capital duty
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Fourth Chamber), 16 February 2012
ECLI:EU:C:2012:86 |
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C‑488/10 Celaya Emparanza y Galdos Internacional v Proyectos Integrales de Balizamientos
Regulation (EC) No 6/2002 — Article 19(1) — Community designs — Infringement or threatened infringement — Definition of ‘third parties’
Reference for a preliminary ruling from the Juzgado de lo Mercantil nº 1 de Alicante y nº 1 de Marca Comunitaria
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 8 November 2011
ECLI:EU:C:2011:714 |
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Judgment of the Court (First Chamber), 16 February 2012
ECLI:EU:C:2012:88 |
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Case C‑594/10 Proceedings brought by van Laarhoven
Sixth VAT Directive — Right to deduct input tax — Limitation — Use of goods forming part of the assets of a business for the private use of the taxable person — Fiscal treatment of private use of goods that are assets of the business
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 8 December 2011
ECLI:EU:C:2011:820 |
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Judgment of the Court (Third Chamber), 16 February 2012
ECLI:EU:C:2012:92 |
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Case C‑25/11 Varzim Sol v Fazenda Pública
Taxation — Sixth VAT Directive — Deduction of input tax — Article 17(2) and (5) and Article 19 — ‘Subsidies’ used for the purchase of goods and services — Restriction of the right to deduct
Reference for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Eighth Chamber), 16 February 2012
ECLI:EU:C:2012:94 |
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Case C‑118/11 Eon Aset Menidjmunt v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 168 and 176 — Right of deduction — Condition relating to use of goods and services for the purposes of taxed transactions — Origin of the right to deduct — Motor vehicle leasing contract — Financial leasing contract — Vehicle used by employer to transport free of charge an employee between his home and his workplace
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 16 February 2012
ECLI:EU:C:2012:97 |
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Case C‑134/11 Blödel-Pawlik v HanseMerkur Reiseversicherung
Directive 90/314/EEC — Package travel, package holidays and package tours — Article 7 — Protection against the risk of insolvency or bankruptcy on the part of the package organiser — Scope — Insolvency of the organiser on account of its fraudulent use of the funds transferred by consumers
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 16 February 2012
ECLI:EU:C:2012:98 |
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Case C-41/11 Inter-Environnement Wallonie and Terre wallonne v Région wallonne
Protection of the environment — Directive 2001/42/EC — Articles 2 and 3 — Assessment of the effects of certain plans and programmes on the environment — Protection of waters against pollution caused by nitrates from agricultural sources — Plan or programme — No prior environmental assessment — Annulment of a plan or programme — Possibility of maintaining the effects of the plan or programme — Conditions
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 8 December 2011
ECLI:EU:C:2011:822 |
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Judgment of the Court (Grand Chamber), 28 February 2012
ECLI:EU:C:2012:103 |
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Information (on unpublished decisions)
Case C‑404/11 P Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction
Case C‑421/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Market for methacrylates — Concept of ‘undertaking’ — Presumption of decisive influence — Obligation to state reasons — Principle of sound administration — Extension of the authority of a final decision — Deterrent multiplying factor — Indivisible nature of the fine — Unlimited jurisdiction
Case C‑191/11 P Yorma's v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Opposition proceedings — Application for Community figurative mark with the word element ‘yorma’s’ — Earlier Community word mark NORMA — Relative ground for refusal — Likelihood of confusion
Case C‑442/11 Novartis v Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑556/11 Lorenzo Martínez v Dirección Provincial de Educación Valladolid
First subparagraph of Article 104(3) of the Rules of Procedure — Social policy — Directive 1999/70/EC — Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Fixed-term employment contracts in the public sector — Non-university teaching — Right to six-yearly continuing professional education increments — Exclusion of teachers employed as temporary officials — Principle of non-discrimination
Case C‑574/11 Novartis v Actavis Deutschland and Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑208/11 P Internationaler Hilfsfonds v Commission
Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run
Joined Cases C‑164/10 to C‑176/10 Ferazzoli and Others v Ministero dell'Interno
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑255/10 Criminal proceedings against Sacchi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑279/10 Criminal proceedings against Minesi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑413/10 Criminal proceedings against Pulignani and Others
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑501/10 Criminal proceedings against Russo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑107/11 Ministero dell'Interno and Questura di Caltanissetta v Rizzo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑368/11 Procura della Repubblica v Arrichiello
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑612/11 Procura della Repubblica v Veneruso
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑119/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Articles 99 and 110 — Value added tax — Reduced rate — Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance
March 2012
Case C‑280/10 Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz v Dyrektor Izby Skarbowej w Poznaniu
VAT — Directive 2006/112/EC — Articles 9, 168, 169 and 178 — Deduction of input tax paid in respect of transactions conducted with a view to carrying out planned economic activity — Purchase of land by the partners of a partnership — Invoices drawn up prior to registration of the partnership seeking the deduction
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 15 September 2011
ECLI:EU:C:2011:592 |
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Judgment of Court (First Chamber) 1 March 2012
ECLI:EU:C:2012:107 |
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Case C-393/10 O'Brien v Ministry of Justice
Framework agreement on part‑time work — Definition of ‘part-time workers who have an employment contract or employment relationship’ — Judges working part‑time remunerated on a fee-paid basis — Refusal to grant a retirement pension
Reference for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2011
ECLI:EU:C:2011:746 |
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Judgment of the Court (Second Chamber) 1 March 2012
ECLI:EU:C:2012:110 |
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Case C‑420/10 Söll v Tetra
Placing on the market of biocidal products — Directive 98/8/EC — Article 2(1)(a) — Concept of ‘biocidal products’– Product causing flocculation of harmful organisms without destroying or deterring them or rendering them harmless
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 27 October 2011
ECLI:EU:C:2011:705 |
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Judgment of the Court (Third Chamber) 1 March 2012
ECLI:EU:C:2012:111 |
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Case C‑467/10 Staatsanwaltschaft Gießen v Akyüz
Directives 91/439/EEC and 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in respect of a person who does not satisfy the physical and mental requirements for driving under the laws of that Member State, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Landgericht Gießen
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) 1 March 2012
ECLI:EU:C:2012:112 |
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Case C‑484/10 Ascafor and Asidac v Administración del Estado and Others
Free movement of goods — Quantitative restrictions and measures having equivalent effect — Directive 89/106/EEC — Construction products — Non‑harmonised standards — Labels of quality — Requirements relating to certification bodies
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber), 1 March 2012
ECLI:EU:C:2012:113 |
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Case C-604/10 Football Dataco and Others v Yahoo and Others
Directive 96/9/EC — Legal protection of databases — Copyright — Football league fixture lists
Reference for a preliminary ruling from the Court of Appeal (England & Wales)(Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi, delivered on 15 December 2011
ECLI:EU:C:2011:848 |
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Judgment of the Court (Third Chamber), 1 March 2012
ECLI:EU:C:2012:115 |
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Case C-166/11 González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros
Consumer protection — Contracts negotiated away from business premises — Directive 85/577/EEC — Scope — Not included — Unit-linked insurance contracts
Reference for a preliminary ruling from the Audiencia Provincial de Oviedo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber) of 1 March 2012
ECLI:EU:C:2012:119 |
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Case C-220/11 Star Coaches v Finanční ředitelství pro hlavní město Prahu
Article 104(3), first subparagraph, of the Rules of Procedure — VAT Directive — Special tax scheme for travel agents — Supply to travel agents of a coach transport service but no other services
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Order of the Court (Sixth Chamber), 1 March 2012
ECLI:EU:C:2012:120 |
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Case C-524/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Articles 296 to 298 — Common flat-rate scheme for farmers — Flat-rate compensation percentage set at nil rate
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 22 September 2011
ECLI:EU:C:2011:613 |
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Judgment of the Court (Fourth Chamber), 8 March 2012
ECLI:EU:C:2012:129 |
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Case C‑251/11 Huet v Université de Bretagne Occidentale
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5(1) — Successive fixed-term employment contracts — Measures to prevent the abuse of such contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract
Request for a preliminary ruling from the tribunal administratif de Rennes
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber), 8 March 2012
ECLI:EU:C:2012:133 |
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Case C-380/09 P Melli Bank v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing the funds of a bank’s subsidiary — Principle of proportionality — Ownership or control of the entity
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 June 2011
ECLI:EU:C:2011:424 |
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Judgment of the Court (Grand Chamber), 13 March 2012
ECLI:EU:C:2012:137 |
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Case C-376/10 P Tay Za v Council
Appeals — Common foreign and security policy — Restrictive measures against the Republic of the Union of Myanmar — Freezing of funds applicable to persons, entities and bodies — Legal basis
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 29 November 2011
ECLI:EU:C:2011:786 |
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Judgment of the Court (Grand Chamber), 13 March 2012
ECLI:EU:C:2012:138 |
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Case C-135/10 SCF v Del Corso
Copyright and related rights in the information society — Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order — Directive 92/100/EC — Article 8(2) — Directive 2001/29/EC — Concept of ‘communication to the public’ — Communication to the public of phonograms broadcast by radio in a dental practice
Reference for a preliminary ruling from the Corte d’appello di Torino
Language of the case: Italian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 June 2011
ECLI:EU:C:2011:431 |
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Judgment of the Court (Third Chamber), 15 March 2012
ECLI:EU:C:2012:140 |
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Case C-162/10 Phonographic Performance (Ireland) v Ireland and Attorney General
Copyright and related rights — Directive 2006/115/EC — Articles 8 and 10 — Concepts of ‘user’ and ‘communication to the public’ — Installation in hotel bedrooms of televisions and/or radios to which the hotelier distributes a broadcast signal
Reference for a preliminary ruling from the High Court (Commercial Division) (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 June 2011
ECLI:EU:C:2011:432 |
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Judgment of the Court (Third Chamber), 15 March 2012
ECLI:EU:C:2012:141 |
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Case C-292/10 G v de Visser
Jurisdiction and the enforcement of judgments in civil and commercial matters — Public notification of legal documents — Lack of known domicile or place of abode of the defendant in the territory of a Member State — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Infringement of the right to protection of personality liable to have been committed by the publication of photographs on the Internet — Place where the harmful event occurred or may occur
Reference for a preliminary ruling from the Landgericht Regensburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 15 March 2012
ECLI:EU:C:2012:142 |
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Case C-340/10 Commission v Cyprus
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Articles 4(1) and 12(1) — Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down — System of protection for the species Natrix natrix cypriaca (Cypriot grass snake)
Language of the case: Greek
| Summary |
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Judgment of the Court (Fourth Chamber), 15 March 2012
ECLI:EU:C:2012:143 |
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Case C-453/10 Pereničová and Perenič v S.O.S. financ
Consumer protection — Consumer credit agreement — Incorrect statement of annual percentage rate of charge — Effect of unfair commercial practices and unfair terms on the validity of the contract as a whole
Reference for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 November 2011
ECLI:EU:C:2011:788 |
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Judgment of the Court (First Chamber), 15 March 2012
ECLI:EU:C:2012:144 |
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Joined Cases C-90/11 and C-91/11 Strigl and Securvita v Deutsches Patent- und Markenamt and Öko-Invest
Trade marks — Directive 2008/95/EC − Grounds for refusal or invalidity − Verbal expressions which consist of a word combination and a sequence of letters identical to the initial letters of those words — Distinctive character — Descriptive character — Assessment criteria
Reference for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 26 January 2012
ECLI:EU:C:2012:42 |
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Judgment of the Court (Third Chamber), 15 March 2012
ECLI:EU:C:2012:147 |
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Case C‑506/09 P Portugal v Transnáutica
Appeal — Customs union — Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 — Remission of import duties — Consignments of tobacco and ethyl alcohol for third countries — Fraud committed by an employee of the company liable
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber), 22 March 2012
ECLI:EU:C:2012:156 |
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Case C‑190/10 Génesis v Boys Toys and Administración del Estado
Community trade mark — Definition and acquisition — Earlier trade mark — Procedure for filing — Filing by electronic means — Method enabling precise identification of the day, hour and minute when the application was filed
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 31 March 2011
ECLI:EU:C:2011:202 |
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Judgment of the Court (First Chamber), 22 March 2012
ECLI:EU:C:2012:157 |
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Case C‑338/10 GLS v HZA Hamburg-Stadt
Dumping — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 — Validity — Regulation (EC) No 384/96 — Article 2(7)(a) — Determination of normal value — Non-market economy country — Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 October 2011
ECLI:EU:C:2011:636 |
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Judgment of the Court (Third Chamber), 22 March 2012
ECLI:EU:C:2012:158 |
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Case C‑567/10 Inter-Environnement Bruxelles and Others v Gouvernement de la Région de Bruxelles-Capitale
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ — Applicability of the directive to a procedure for the total or partial repeal of a land use plan
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2011
ECLI:EU:C:2011:755 |
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Judgment of the Court (Fourth Chamber), 22 March 2012
ECLI:EU:C:2012:159 |
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Case C-153/11 Klub v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Origin of the right of deduction — Right of a company to deduct the input VAT paid for the acquisition of capital goods not yet brought into use for the company’s business activities
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 22 March 2012
ECLI:EU:C:2012:163 |
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Case C-248/11 Ministerul public v Nilaş and Others
Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(14) — Concept of ‘regulated market’ — Authorisation — Functional requirements — Market whose legal nature is not specified, but which is managed, after a merger, by a legal person also managing a regulated market — Article 47 — Not included on the list of regulated markets — Directive 2003/6/EC — Scope — Market manipulation
Reference for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Second Chamber), 22 March 2012
ECLI:EU:C:2012:166 |
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Case C-209/10 Post Danmark v Konkurrencerådet
Article 82 EC — Postal undertaking with a dominant position and subject to a universal service obligation with regard to certain addressed mail — Low prices charged to certain former customers of a competitor — No evidence relating to intention — Price discrimination — Selectively low prices — Actual or likely exclusion of a competitor — Effect on competition and, thereby, on consumers — Objective justification
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 24 May 2011
ECLI:EU:C:2011:342 |
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Judgment of the Court (Grand Chamber), 27 March 2012
ECLI:EU:C:2012:172 |
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Case C‑504/09 P Commission v Poland
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Poland for the period 2008 to 2012 — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Respective competences of the Commission and the Member States — Equal treatment
Language of the case: Polish
| Summary |
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Opinion of Advocate General Trstenjak delivered on 17 November 2011
ECLI:EU:C:2011:741 |
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Judgment of the Court (Second Chamber), 29 March 2012
ECLI:EU:C:2012:178 |
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Case C-505/09 P Commission v Estonia
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 — Respective competences of the Commission and the Member States — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Equal treatment — Principle of sound administration
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 17 November 2011
ECLI:EU:C:2011:742 |
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Judgment of the Court (Second Chamber), 29 March 2012
ECLI:EU:C:2012:179 |
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Case C-185/10 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2001/83/EC — Articles 5 and 6 — Proprietary medicinal products — Medicinal products for human use –Authorisation to market — Legislation of a Member State dispensing with a marketing authorisation for medicinal products which are similar to but have a lower price than authorised products
Language of the case: Polish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 29 September 2011
ECLI:EU:C:2011:622 |
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Judgment of the Court (Third Chamber), 29 March 2012
ECLI:EU:C:2012:181 |
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Case C‑414/10 Véleclair v Ministre du budget, des comptes publics et de la réforme de l'Etat
VAT — Sixth Directive — Article 17(2)(b) — Taxation of a product imported from a third country — National legislation — Right to deduct VAT on importation — Condition — Actual payment of VAT by the taxable person
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2011
ECLI:EU:C:2011:748 |
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Judgment of the Court (First Chamber), 29 March 2012
ECLI:EU:C:2012:183 |
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Case C-417/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v 3M Italia
Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non-discrimination — State aid — Obligation to ensure the effective application of European Union law
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:184 |
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Case C‑436/10 État belge v BLM
Sixth VAT Directive — Article 6(2), first paragraph, point (a), and Article 13(B)(b) — Right of deduction — Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use
Reference for a preliminary ruling from the cour d’appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 29 March 2012
ECLI:EU:C:2012:185 |
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Case C-500/10 Ufficio IVA di Piacenza v Belvedere Costruzioni
Taxation — VAT — Article 4(3) TEU — Sixth Directive — Articles 2 and 22 — Automatic conclusion of proceedings pending before the tax court of third instance
Reference for a preliminary ruling from the Commissione tributaria centrale, sezione di Bologna
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 November 2011
ECLI:EU:C:2011:754 |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:186 |
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Case C‑564/10 Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen
Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Articles 3 and 4 — Administrative measures — Recovery of wrongly obtained advantages — Default and compensatory interest due under national law — Application of the limitation rules in Regulation No 2988/95 to the recovery of default interest — Start of the limitation period — Concept of suspension — Concept of interruption
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 January 2012
ECLI:EU:C:2012:38 |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:190 |
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Case C‑599/10 SAG ELV Slovensko and Others v Úrad pre verejné obstarávanie
Public procurement — Directive 2004/18/EC — Contract award procedures — Restricted call for tenders — Assessment of the tender — Requests by the contracting authority for clarification of the tender — Conditions
Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:191 |
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Case C-1/11 Interseroh Scrap and Metal Trading v SAM
Environment — Regulation (EC) No 1013/2006 — Article 18(1) and (4) — Shipments of certain waste — Article 3(2) — Mandatory information — Identity of waste producers — Information not provided by the intermediary dealer — Protection of business secrets
Reference for a preliminary ruling from the Verwaltungsgericht Mainz
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 8 December 2011
ECLI:EU:C:2011:821 |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:194 |
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Information (on unpublished decisions)
Case C-354/10 Commission v Greece
Failure to fulfil obligations — State aid — Tax-exempt reserve fund — Incompatibility with the common market — Recovery — Failure to execute
Case C‑474/11 P Smanor v Commission and European Ombudsman
Appeal — Article 119 of the rules of the procedure — Marketing of frozen yoghurt prohibited — Failure of a Member State to fulfil obligations –Commission’s refusal to bring infringement proceedings — Action for damages — Manifest inadmissibility
Case C-596/10 Commission v France
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of reduced VAT rates to transactions concerning equidae and in particular to horses
Case C-81/11 P Longevity Health Products v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence
Case C‑333/11 Febetra v Belgische Staat
Article 104(3), first subparagraph, of the Rules of Procedure — TIR Convention — Community Customs Code — Excise duties — Transport carried out under cover of a TIR carnet — Unlawful unloading — Determination of the place of the offence — Recovery of customs and excise duties — Jurisdiction
Case C‑406/11 P Atlas Transport v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Invalidity proceedings — Admissibility before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Regulation (EC) No 40/94 — Article 59 — Regulation (EC) No 2868/95 — Rule 49(1) — Stay of proceedings — Regulation (EC) No 2868/95 — Rule 20(7)(c) — Appeal manifestly inadmissible and manifestly unfounded
Case C-574/10 Commission v Germany
Failure of a Member State to fulfil its obligations — Directive 2004/18/EC — Public service contracts — Architecture and engineering services — Design, planning and supervision of a project to renovate a public building — Project carried out in several phases, for budgetary reasons — Market value
Case C-46/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Inadequate protection of certain species, in particular the otter (Lutra lutra
Case C‑157/11 Sibilio v Comune di Afragola
Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70/EC — Clause 2 — Concept of ‘an employment contract or relationship defined by law, collective agreements or practice in force in each Member State’ — Scope of the framework agreement — Clause 4, point 1 — Principle of non-discrimination — Persons carrying out ‘work of social utility’ with public authorities — National rule excluding the existence of an employment relationship — National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities
Case C-87/11 P Fidelio v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) — Word mark Hallux — Refusal to register — Absolute ground for refusal — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑167/11 P Cantiere navale De Poli v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding
Case C‑200/11 P Italy v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Action for annulment — Regulation (EC) No 659/1999 — Article 1(c) — Alteration of existing aid — Regulation (EC) No 794/2004 — Article 4(1) — Temporary defensive mechanism for shipbuilding
Case C‑354/11 P Emram v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the figurative mark G — Trade marks
Case C‑348/11 Thomson Sales Europe v Administration des douanes
Articles 92(1) and 103(1) of the Rules of Procedure — Manifest inadmissibility — Article 104(3), second subparagraph, of the Rules of Procedure — Answer admitting of no reasonable doubt — Reference for a preliminary ruling — Assessment of validity — Common commercial policy — Dumping — Importation of televisions manufactured in Thailand — Validity of the investigation carried out by the European Anti‑Fraud Office (OLAF) — Validity of Regulations (EC) Nos 710/95 and 2584/98
Case C‑243/10 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid in favour of the hotel industry in Sardinia — Recovery
Case C 529/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Safilo
Article 104(3), first subparagraph, of the Rules of Procedure — Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non‑discrimination — State aid — Obligation to ensure the effective application of European Union law
Case C-607/10 Commission v Sweden
Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive
Case C‑334/11 P Lancôme v OHIM
Appeal — Community trade mark — Word mark ACNO FOCUS — Opposition by the proprietor of the national word mark FOCUS — Refusal of registration — Article 43(2) and (3) of Regulation (EC) No 40/94 — Earlier mark registered for not less than five years
Case C-569/11 P(R) Gollnisch v Parliament
Appeal — Application for interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of the operation of a measure — Urgency
Case C‑570/11 P(R) Gollnisch v Parliament
Appeal — Interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of operation — Interest in obtaining suspension
April 2012
Case C‑83/12 PPU Criminal proceedings against Minh Khoa Vo
Area of freedom, security and justice — Regulation (EC) No 810/2009 — Community Code on Visas — Articles 21 and 34 — National legislation — Third‑country nationals brought illegally into the territory of a Member State — Visas obtained by fraud — Criminal penalties imposed on the human smuggler
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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View of Advocate General Sharpston delivered on 26 March 2012
ECLI:EU:C:2012:170 |
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Judgment of the Court (Second Chamber), 10 April 2012
ECLI:EU:C:2012:202 |
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Case C‑443/09 CCIAA v Grillo Star
Directive 2008/7/EC — Indirect taxes on the raising of capital — Articles 5(1)(c) and 6(1)(e) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture
Reference for a preliminary ruling from the Tribunale di Cosenza
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 12 January 2012
ECLI:EU:C:2012:7 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:213 |
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Case C‑213/10 F-Tex v UAB „Jadecloud-Vilma“
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an action related to insolvency proceedings and closely connected with those proceedings — Regulation (EC) No 44/2001 — Article 1(1) and (2)(b) — Concepts of civil and commercial matters and of bankruptcy or winding-up — Action brought on the basis of an assignment, by a liquidator, of his right to have a transaction set aside
Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (First Chamber), 19 April 2012
ECLI:EU:C:2012:215 |
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Case C‑221/10 P Artegodan v Commission
Appeal — Second paragraph of Article 288 EC — Non-contractual liability of the Union — Conditions — Sufficiently serious breach of a rule of law conferring rights on individuals — Decision withdrawing marketing authorisations for medicinal products for human use containing amfepramone
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 17 November 2011
ECLI:EU:C:2011:744 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:216 |
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Case C-415/10 Meister v Speech Design Carrier Systems
Directives 2000/43/EC, 2000/78/EC and 2006/54/EC – Equal treatment in employment and occupation – Worker showing that he meets the requirements listed in a job advertisement – Right of that worker to have access to information indicating whether the employer has recruited another applicant
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 January 2012
ECLI:EU:C:2012:8 |
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Judgment of the Court (Second Chamber), 19 April 2012
ECLI:EU:C:2012:217 |
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Case C‑461/10 Bonnier Audio and Others v Perfect Communication Sweden
Copyright and related rights — Processing of data by internet — Infringement of an exclusive right — Audio books made available via an FTP server via internet by an IP address supplied by an internet service provider — Injunction issued against the internet service provider ordering it to provide the name and address of the user of the IP address
Reference for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 17 November 2011
ECLI:EU:C:2011:753 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:219 |
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Case C‑523/10 Wintersteiger v Products 4U Sondermaschinenbau
Regulation (EC) No 44/2001 — Jurisdiction and the enforcement of judgments in civil and commercial matters — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Determination of the place where the harmful event occurred or may occur — Website of a referencing service provider operating under a country-specific top-level domain of a Member State — Use, by an advertiser, of a keyword identical to a trade mark registered in another Member State
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 February 2012
ECLI:EU:C:2012:90 |
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Judgment of the Court (First Chamber), 19 April 2012
ECLI:EU:C:2012:220 |
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Case C‑549/10 P Tomra Systems and Others v Commission
Appeal — Competition — Dominant position — Abuse — Market for machines for the collection of used beverage containers — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Exclusivity agreements, quantity commitments and loyalty rebates
Language of the case: English
| Summary |
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Opinion of Advocate General Mazák delivered on 2 February 2012
ECLI:EU:C:2012:55 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:221 |
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Case C‑121/11 Pro-Braine and Others v Commune de Braine-le-Château
Directive 1999/31/EC — Landfill of waste — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment — Concept of ‘consent’
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:225 |
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Case C‑571/10 Kamberaj v Istituto per l'Edilizia Sociale della Provincia autonoma di Bolzano and Others
Area of Freedom, Justice and Security — Article 34 of the Charter of Fundamental Rights of the European Union — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Right to equal treatment with regard to social security, social assistance and social protection — Derogation from the principle of equal treatment for social assistance and social protection measures — Exclusion of ‘core benefits’ from the scope of that derogation — National legislation providing for housing benefit for low income tenants — Amount of funds for third-country nationals determined on the basis of a different weighted average — Rejection of an application for housing benefit owing to the exhaustion of the funds for third-country nationals
Reference for a preliminary ruling from the Tribunale di Bolzano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 13 December 2011
ECLI:EU:C:2011:827 |
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Judgment of the Court (Grand Chamber), 24 April 2012
ECLI:EU:C:2012:233 |
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Case C‑419/10 Hofmann v Freistaat Bayern
Directive 2006/126/EC — Mutual recognition of driving licences — Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 10 November 2011
ECLI:EU:C:2011:723 |
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:240 |
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Case C-456/10 ANETT v Administración del Estado
Free movement of goods – Articles 34 TFEU and 37 TFEU – National legislation prohibiting tobacco retailers from importing tobacco products – Rule concerning the existence and operation of a monopoly on the marketing of tobacco products – Measures having equivalent effect to quantitative restrictions – Justification – Consumer protection
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber), 26 April 2012
ECLI:EU:C:2012:241 |
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Case C‑472/10 Nemzeti Fogyasztóvédelmi Hatóság v Invitel
Directive 93/13/EEC — Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects
Reference for a preliminary ruling from the Pest Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 6 December 2011
ECLI:EU:C:2011:806 |
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Judgment of the Court (First Chamber), 26 April 2012
ECLI:EU:C:2012:242 |
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Case C‑508/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Application for long-term resident status — Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family — Amount of the charges levied by the competent authorities — Disproportionate charges − Obstacle to the exercise of the right of residence
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 19 January 2012
ECLI:EU:C:2012:25 |
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:243 |
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Case C‑510/10 DR and TV2 Danmark v NCB
Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(d) — Right to communicate works to the public — Exception to the reproduction right — Ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts — Recording made with the facilities of a third party — Obligation of the broadcasting organisation to pay compensation for any adverse effects of the actions and omissions of the third party
Reference for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Trstenjak delivered on 17 January 2012
ECLI:EU:C:2012:18 |
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Judgment of the Court (Third Chamber), 26 April 2012
ECLI:EU:C:2012:244 |
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Joined Cases C‑578/10 to C‑580/10 Staatssecretaris van Financiën v van Putten and Others
Articles 18 EC and 56 EC — Motor vehicles — Use in a Member State of a borrowed private motor vehicle which is registered in another Member State — Taxation of that vehicle in the first Member State on its first use on the national road network
References for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of the Advocate General Kokott delivered on 1 December 2011
ECLI:EU:C:2011:802 |
|
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Judgment of the Court (Third Chamber), 26 April 2012
ECLI:EU:C:2012:246 |
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Joined Cases C-621/10 and C-129/11 Balkan and Sea Properties and Provadinvest v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 73 and 80(1) — Sale of immovable property between connected companies — Value of the transaction — National legislation providing that for transactions between connected persons the taxable amount for VAT purposes is the open market value of the transaction
References for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 January 2012
ECLI:EU:C:2012:41 |
|
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:248 |
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Case C-225/11 Commissioners for Her Majesty's Revenue & Customs v Able UK
VAT — Directive 2006/112/EC — Exemptions — Article 151(1)(c) — Supply of services of dismantling obsolete US Navy ships in the territory of a Member State
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber) (United Kingdom)
Language of the case: English
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Judgment of the Court (Eighth Chamber), 26 April 2012
ECLI:EU:C:2012:252 |
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Case C‑92/12 PPU Health Service Executive v C. and C.
Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Child habitually resident in Ireland, where the child was placed in care on many occasions — Child’s behaviour aggressive and placing herself at risk — Judgment ordering placement of the child in a secure care institution in England — Material scope of the regulation — Article 56 — Procedures for consultation and consent — Obligation to recognise or declare enforceable the decision to place the child in a secure care institution — Provisional measures — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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View of Advocate General Kokott delivered 28 March 2012
ECLI:EU:C:2012:177 |
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:255 |
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Information (on unpublished decisions)
Case C‑656/11 R United Kingdom v Council
Application for interim measures — Council decision — Application for suspension of operation of a measure — Application for interim measures — Decision 2011/863/EU — Urgency
Case C‑141/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Articles 39 EC to 42 EC — Freedom of movement of persons — Regulation (EEC) No 1408/71 — Social security of migrant workers — Refusal to pay certain benefits — Workers employed on drilling platforms in the Netherlands — Admissibility of the action
Case C‑297/11 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2000/60/EC — European Union water policy — River basin management plan — Publication — Public information and consultation — Failure to notify the Commission
Case C‑507/11 P(R) Fapricela v Commission
Application for interim measures — Competition — Decision of the Commission imposing a fine — Bank guarantee — Application for suspension of operation of a measure — Financial damage — Lack of exceptional circumstances — Lack of urgency
Case C‑125/09 Commission v Cyprus
Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directives 2002/21/EC and 2002/20/EC — Rights of way — Failure to transpose within the prescribed period
Case C-307/11 P Deichmann v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines
Case C-114/11 Notermans v Boddenberg
Articles 18 EC and 39 EC — Motor vehicles — Use in one Member State of a private motor vehicle registered in another Member State — That vehicle taxed in the first Member State on its first use on the national road network — Vehicle taken at the time of moving to the first Member State and used for both private use and for going to the place of work situated in the second Member State
May 2012
Case C‑406/10 SAS Institute v World Programming
Intellectual property — Directive 91/250/EEC — Legal protection of computer programs — Articles 1(2) and 5(3) — Scope of protection — Creation directly or via another process — Computer program protected by copyright — Reproduction of the functions by a second program without access to the source code of the first program — Decompilation of the object code of the first computer program — Directive 2001/29/EC — Copyright and related rights in the information society — Article 2(a) — User manual for a computer program — Reproduction in another computer program — Infringement of copyright — Condition — Expression of the intellectual creation of the author of the user manual
Reference for a preliminary ruling from the High Court of Justice of England and Wales (Chancery Division)
Language of the case: English
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Opinion of Advocate General Bot delivered on 29 November 2011
ECLI:EU:C:2011:787 |
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Judgment of the Court (Grand Chamber), 2 May 2012
ECLI:EU:C:2012:259 |
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Case C-337/10 Neidel v Stadt Frankfurt am Main
Social policy — Directive 2003/88/EC — Working conditions — Organisation of working time — Right to paid annual leave — Allowance in lieu in the event of sickness — Public servants (firemen)
Reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
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Judgment of the Court (Fifth Chamber), 3 May 2012
ECLI:EU:C:2012:263 |
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Case C‑520/10 Lebara v Commissioners for Her Majesty's Revenue & Customs
Taxation — Sixth VAT Directive — Article 2 — Supply of services for consideration — Telecommunications services — Prepaid phonecards displaying information for making international calls — Marketing through a network of distributors
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
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Opinion of Advocate General Jääskinen delivered on 8 December 2011
ECLI:EU:C:2011:818 |
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Judgment of the Court (Third Chamber), 3 May 2012
ECLI:EU:C:2012:264 |
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Case C‑620/10 Migrationsverket v Kastrati and Others
Dublin system — Regulation (EC) No 343/2003 — Procedure for determining the Member State responsible for examining an asylum application — Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 — Asylum application lodged in a Member State other than the State responsible pursuant to that regulation — Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application — Withdrawal occurring before the Member State responsible accepted that it should take charge — Withdrawal terminating the procedures set up by Regulation No 343/2003
Reference for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen
Language of the case: Swedish
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Opinion of Advocate General Trstenjak delivered on 12 January 2012
ECLI:EU:C:2012:10 |
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Judgment of the Court (Fourth Chamber), 3 May 2012
ECLI:EU:C:2012:265 |
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Case C‑24/11 P Spain v Commission
Appeal — EAGGF — ‘Guarantee’ section — Expenditure excluded from Community financing — Expenditure incurred by the Kingdom of Spain — Aid for the production of olive oil
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 December 2011
ECLI:EU:C:2011:850 |
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Judgment of the Court (Third Chamber), 3 May 2012
ECLI:EU:C:2012:266 |
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Case C‑39/10 Commission v Estonia
Failure of a Member State to fulfil obligations — Freedom of movement for workers — Income tax — Allowance — Retirement pensions — Effect on small pensions — Discrimination between resident and non-resident taxpayers
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24 November 2011
ECLI:EU:C:2011:770 |
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Judgment of the Court (Fourth Chamber), 10 May 2012
ECLI:EU:C:2012:282 |
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Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others v Comune di Baranzate and Comune di Venegono Inferiore
Articles 3 EC, 10 EC, 43 EC, 49 EC and 81 EC — Freedom of establishment — Freedom to provide services — Directive 2006/123/EC — Articles 15 and 16 — Concession relating to the assessment, verification and collection of taxes and other local authority revenue — National legislation — Minimum share capital — Obligation
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
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Opinion of Advocate General Cruz Villalón delivered on 16 November 2011
ECLI:EU:C:2011:736 |
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Judgment of the Court (Second Chamber), 10 May 2012
ECLI:EU:C:2012:283 |
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Case C‑368/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Contract for the supply, installation and maintenance of dispensing machines for hot drinks, and the supply of tea, coffee and other ingredients — Article 23(6) and (8) — Technical specifications — Article 26 — Conditions for performance of the contract — Article 53(1) — Criteria for award of the contracts — Most economically advantageous tender — Products derived from organic agriculture and fair trade — Use of labels in the formulation of the technical specifications and the award criteria — Article 39(2) — Concept of ‘additional information’ — Article 2 — Principles for award of contracts — Principle of transparency — Articles 44(2) and 48 — Verification of the suitability and choice of participants — Minimum level of technical or professional abilities — Compliance with ‘criteria of sustainability of purchases and socially responsible business’
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 15 December 2011
ECLI:EU:C:2011:840 |
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Judgment of the Court (Third Chamber), 10 May 2012
ECLI:EU:C:2012:284 |
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Case C‑100/11 P Rubinstein and L'Oréal v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Community word marks BOTOLIST and BOTOCYL — Community and national figurative and word marks BOTOX — Declaration of invalidity — Relative grounds for refusal — Damage to reputation
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 16 February 2012
ECLI:EU:C:2012:95 |
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Judgment of the Court (First Chamber), 10 May 2012
ECLI:EU:C:2012:285 |
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Joined Cases C‑338/11 to C‑347/11 Santander Asset Management SGIIC and Others v Directeur des résidents à l'étranger et des services généraux and Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État
Articles 63 TFEU and 65 TFEU — Undertakings for collective investments in transferable securities (UCITS) — Different treatment of dividends paid to non-resident UCITS, subject to withholding tax, and dividends paid to resident UCITS, not subject to such tax — Whether it is necessary, for the purpose of determining whether the national measure is in conformity with the free movement of capital, to take account of the situation of shareholders — No such need
References for a preliminary ruling from the tribunal administratif de Montreuil
Language of the case: French
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Judgment of the Court (Third Chamber), 10 May 2012
ECLI:EU:C:2012:286 |
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Case C‑348/09 I v Oberbürgermeisterin der Stadt Remscheid
Freedom of movement for persons — Directive 2004/38/EC — Article 28(3)(a) — Expulsion decision — Criminal conviction — Imperative grounds of public security
Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 March 2012
ECLI:EU:C:2012:123 |
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Judgment of the Court (Grand Chamber), 22 May 2012
ECLI:EU:C:2012:300 |
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Case C‑97/11 Amia v Provincia Regionale di Palermo
Environment — Landfill of waste — Directive 1999/31/EC — Special levy on the disposal of solid waste in landfills — Landfill operator subject to that levy — Operating costs of a landfill — Directive 2000/35/EC — Default interest — Obligations of the national court
Reference for a preliminary ruling from the Commissione tributaria provinciale di Palermo
Language of the case: Italian
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Judgment of the Court (Fourth Chamber), 24 May 2012
ECLI:EU:C:2012:306 |
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Case C‑98/11 P Chocoladefabriken Lindt & Sprüngli v OHIM
Appeal — Community trade mark — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 24 May 2012
ECLI:EU:C:2012:307 |
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Case C‑188/11 Hehenberger v Republik Österreich
Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Financial support for agri‑environmental production methods — Checks — Beneficiary of agricultural aid — Fact of having prevented an on‑the‑spot check from being carried out — National legislation requiring the repayment of all aid paid over several years — Whether compatible
Reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien
Language of the case: German
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Judgment of the Court (Seventh Chamber), 24 May 2012
ECLI:EU:C:2012:312 |
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Case C‑196/11 P Formula One Licensing v OHIM
Appeal — Community trade mark — Figurative mark ‘F1-Live’ — Opposition by the proprietor of international and national word marks F1 and Community figurative mark F1 Formula 1 — Lack of distinctive character — Descriptive element — Removal of the protection provided to an earlier national trade mark — Likelihood of confusion
Language of the case: English
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Judgment of the Court (Third Chamber), 24 May 2012
ECLI:EU:C:2012:314 |
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Information (on unpublished decisions)
Case C-240/11 P World Wide Tobacco España v Commission
Appeal — Competition — Agreements, decisions and concerted practices — The Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Fines — Deterrent effect — Equal treatment — Mitigating circumstances — Maximum limit of 10% of turnover — Cooperation
Case C‑289/11 P Legris Industries v Commission
Appeal — Competition — Cartels — Copper fittings and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Parent companies and subsidiaries — Imputability of the unlawful conduct
Case C‑290/11 P Comap v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the infringement — Concept of ‘continuity’
Case C-370/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Articles 36 and 40 of the EEA Agreement — Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EEC
Case C‑134/12 Corpul Naţional al Poliţiştilor v Ministerul Administraţiei şi Internelor and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — European Convention on the Protection of Human Rights and Fundamental Freedoms — Validity of national legislation imposing salary reductions on several categories of civil servants — Failure to give effect to European Union law — Clear lack of jurisdiction of the Court of Justice
Case C‑198/11 P Lan Airlines v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark LÍNEAS AÉREAS DEL MEDITERRÁNEO LAM — Application for registration — Opposition by the proprietor of the earlier Community word and figurative marks LAN — Rejection of the opposition — No likelihood of confusion — Appeal manifestly inadmissible
Case C‑453/11 P Timehouse v OHIM
Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness
Case C‑477/11 P Sepracor Pharmaceuticals v Commission
Appeal — Regulation (EC) No 726/2004 — Medicinal products for human use — Active substance ‘eszopiclone’ — Marketing authorisation — Procedure — Statement of position by the Commission — Status of ‘new active substance’ — Concept of ‘actionable measure’
Case C‑352/11 Commission v Austria
Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive
Case C‑366/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union action in the field of water policy — River basin management plans — Publication and notification to the Commission — Lack — Public information and consultation concerning the draft management plans — Lack
June 2012
Case C-124/10 P Commission v EDF
Appeal — State aid — Waiver of a tax claim — Exemption from corporation tax — Increase in share capital — Conduct of a State acting as a prudent private investor in a market economy — Criteria to distinguish between the State as shareholder and the State exercising public power — Definition of ‘reference private investor’ — Principle of equal treatment — Burden of proof
Language of the case: French
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Opinion of Advocate General Mazák delivered on 20 October 2011
ECLI:EU:C:2011:676 |
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Judgment of the Court (Grand Chamber), 5 June 2012
ECLI:EU:C:2012:318 |
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Case C-489/10 Prokurator Generalny v Bonda
Common agricultural policy — Single area payment scheme — Regulation (EC) No 1973/2004 — Article 138(1) — Exclusion from receiving aid if the area declared is not correct — Administrative or criminal nature of that penalty — Rule against the overlapping of criminal penalties — Ne bis in idem principle
Reference for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 15 December 2011
ECLI:EU:C:2011:845 |
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Judgment of the Court (Grand Chamber), 5 June 2012
ECLI:EU:C:2012:319 |
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Case C‑615/10 Proceedings brought by Insinööritoimisto InsTiimi Oy
Directive 2004/18/EC — Public contracts in the field of defence — Article 10 — Article 296(1)(b) EC — Protection of a Member State’s essential security interests — Trade in arms, munitions and war material — Product procured by a contracting authority specifically for military purposes — Existence, as regards that product, of a potential and largely identical civilian application — Tiltable turntable for carrying out electromagnetic measurements — Contract not put out to tender in accordance with the procedures provided for by Directive 2004/18
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Kokott delivered on 19 January 2012
ECLI:EU:C:2012:26 |
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Judgment of the Court (Fourth Chamber), 7 June 2012
ECLI:EU:C:2012:324 |
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Case C-27/11 Vinkov v Nachalnik Administrativno-nakazatelna deinost
Reference for a preliminary ruling — Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations — Purely internal situation — Inadmissibility of the reference
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber), 7 June 2012
ECLI:EU:C:2012:326 |
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Case C-39/11 VBV - Vorsorgekasse v Finanzmarktaufsichtsbehörde
Free movement of capital — Articles 63 TFEU and 65 TFEU — Severance funds — Investment of assets — Investment funds established in another Member State — Investment in such funds permitted only when they are authorised to market their units within the national territory
Reference for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 7 June 2012
ECLI:EU:C:2012:327 |
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Case C-106/11 M.J. Bakker v Minister van Financiën
Social security for migrant workers — Applicable legislation — Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union — Residence in the territory of another Member State — Affiliation to the Netherlands social security system
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber), 7 June 2012
ECLI:EU:C:2012:328 |
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Case C-132/11 Tyrolean Airways Tiroler Luftfahrt v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft
Directive 2000/78/EC — Equal treatment in employment and occupation — Difference of treatment on grounds of age — Charter of Fundamental Rights of the European Union — General principles of European Union law — Collective agreement — Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies — Contract clause
Reference for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
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Judgment of the Court (Second Chamber), 7 June 2012
ECLI:EU:C:2012:329 |
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Joined Cases C‑611/10 and C‑612/10 Hudzinski and Wawrzyniak v Agentur für Arbeit Wesel - Familienkasse and Agentur für Arbeit Mönchengladbach - Familienkasse
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 14(1)(a) and 14a(1)(a) — Articles 45 TFEU and 48 TFEU — Temporary work in a Member State other than that in which work is normally carried out — Family benefits — Applicable legislation — Possibility for child benefit to be granted by the Member State in which the temporary work is carried out but which is not the competent State — Application of a rule of national law against overlapping of benefits which excludes that benefit in the case where a comparable benefit is received in another State
References for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Mazák delivered on 16 February 2012
ECLI:EU:C:2012:93 |
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Judgment of the Court (Grand Chamber), 12 June 2012
ECLI:EU:C:2012:339 |
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Case C-542/09 Commission v Netherlands
Failure of a Member State to fulfil its obligations — Freedom of movement for persons — Access to education for migrant workers and their family members — Funding for higher educational studies pursued outside the territory of the Member State concerned — Residence requirement
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 February 2012
ECLI:EU:C:2012:79 |
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Judgment of the Court (Second Chamber), 14 June 2012
ECLI:EU:C:2012:346 |
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Case C-533/10 CIVAD v Receveur des douanes de Roubaix and Others
Community Customs Code — Article 236(2) — Repayment of duties not legally owed — Time limit — Regulation (EC) No 2398/97 — Definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan — Regulation (EC) No 1515/2001 — Repayment of anti-dumping duties paid pursuant to a regulation subsequently declared invalid — Concept of ‘force majeure’ — Time at which the obligation to repay import duties arises
Reference for a preliminary ruling from the tribunal d’instance de Roubaix
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 December 2011
ECLI:EU:C:2011:819 |
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Judgment of the Court (Third Chamber), 14 June 2012
ECLI:EU:C:2012:347 |
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Case C‑606/10 ANAFE v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 13 — Third-country nationals holding a temporary residence permit — National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa — Meaning of ‘re-entry visa’ — Earlier administrative practice authorising re‑entry without re-entry visa — Need for transitional measures — Absence
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 November 2011
ECLI:EU:C:2011:789 |
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Judgment of the Court (Second Chamber), 14 June 2012
ECLI:EU:C:2012:348 |
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Case C‑618/10 Banco Español de Crédito v Calderón Camino
Directive 93/13/EEC — Consumer contracts — Unfair term concerning interest on late payments — Order for payment procedure — Powers of the national court
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Trstenjak delivered on 14 February 2012
ECLI:EU:C:2012:74 |
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Judgment of the Court (First Chamber), 14 June 2012
ECLI:EU:C:2012:349 |
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Case C-158/11 Auto 24 v Jaguar Land Rover France
Competition — Article 101 TFEU — Motor vehicle sector — Regulation (EC) No 1400/2002 — Block exemption — Selective distribution system — Concept of ‘specified criteria’ concerning a quantitative selective distribution system — Refusal to grant authorisation as a distributor of new motor vehicles — Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria
Reference for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 14 June 2012
ECLI:EU:C:2012:351 |
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Case C-307/10 Chartered Institute of Patent Attorneys v Registrar of Trade Marks
Trade marks — Approximation of laws of the Member States — Directive 2008/95/EC — Identification of the goods or services for which the protection of a trade mark is sought — Requirements of clarity and precision — Use of class headings of the Nice Classification for the purposes of the registration of trade marks — Whether permissible — Extent of protection of the trade mark
Reference for a preliminary ruling from the Person Appointed by the Lord Chancellor under Section 76 of The Trade Marks Act 1994, on Appeal from the Registrar of Trade Marks (United Kingdom)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 29 November 2011
ECLI:EU:C:2011:784 |
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Judgment of the Court (Grand Chamber), 19 June 2012
ECLI:EU:C:2012:361 |
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Case C-452/10 P BNP Paribas and BNL v Commission
Appeal — State aid — Scheme for the realignment of the value of assets for tax purposes — Banking sector — Taxation of capital gains — Substitute tax — Selectivity
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber), 21 June 2012
ECLI:EU:C:2012:366 |
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Case C-514/10 Wolf Naturprodukte v SEWAR
Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Temporal scope — Enforcement of a judgment delivered before the State of enforcement acceded to the European Union
Reference for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 2 February 2012
ECLI:EU:C:2012:54 |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:367 |
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Case C-5/11 Criminal proceedings against Titus Alexander Jochen Donner
Free movement of goods — Industrial and commercial property — Sale of copies of works in a Member State in which the copyright on those works is not protected — Transport of those goods to another Member State in which the infringement of the copyright is sanctioned under criminal law — Criminal proceedings against the transporter for aiding and abetting the unlawful distribution of a work protected by copyright law
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 29 March 2012
ECLI:EU:C:2012:195 |
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Judgment of the Court (Fourth Chamber), 21 June 2012
ECLI:EU:C:2012:370 |
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Case C‑15/11 Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien
Accession of new Member States — Republic of Bulgaria — Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market — Directive 2004/114/EC — Conditions of admission of third‑country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 1 March 2012
ECLI:EU:C:2012:116 |
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Judgment of the Court (Fourth Chamber), 21 June 2012
ECLI:EU:C:2012:371 |
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Case C-78/11 Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and Others
Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Sick leave — Annual leave coinciding with sick leave — Entitlement to take paid annual leave at another time
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber), 21 June 2012
ECLI:EU:C:2012:372 |
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Joined Cases C-80/11 and C-142/11 Mahagében and Dávid v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága and Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága
Taxation — VAT — Sixth Directive — Directive 2006/112/EC — Right to deduct — Conditions governing the exercise of that right — Article 273 — National measures to combat fraud — Practice of the national tax authorities — Refusal of the right to deduct in the event of improper conduct on the part of the issuer of the invoice relating to the goods or services in respect of which the exercise of that right is sought — Burden of proof — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice and to provide proof thereof
References for a preliminary ruling from the Baranya Megyei Bíróság and the Jász-Nagykun-Szolnok Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:373 |
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Case C-84/11 Marja-Liisa Susisalo and Others
Article 49 TFEU — Freedom of establishment — Public health — Pharmacies — National licensing scheme for the operation of pharmacies — Establishment of branch pharmacies — Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy — University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:374 |
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Case C-135/11 P IFAW Internationaler Tierschutz-Fonds v Commission
Appeals — Public access to documents of the institutions — Regulation (EC) No 1049/2011 — Article 4(5) — Scope — Documents originating from a Member State — Objection by the Member State to disclosure of the documents — Extent of review by the institution and the European Union judicature of the Member State’s reasons for objecting — Production of the document to the European Union judicature
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 1 March 2012
ECLI:EU:C:2012:118 |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:376 |
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Case C-177/11 Syllogos Ellinon Poleodomon kai Khorotakton v Ipourgos Perivallontos, Khorotaxias & Dimosion Ergon and Others
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(2)(b) — Margin of discretion of the Member States
Reference for a preliminary ruling from the Simvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (Eighth Chamber), 21 June 2012
ECLI:EU:C:2012:378 |
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Case C-294/11 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Elsacom
Eighth VAT Directive — Arrangements for the refund of VAT to taxable persons not established in the territory of the country — Time limit within which refund applications are to be submitted — Time bar
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 21 June 2012
ECLI:EU:C:2012:382 |
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Case C-335/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Amendment of a provision of that regulation — Recommencement of period within which an action must be brought — Partial admissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection — Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality — Infringement of the principles of proportionality and protection of legitimate expectations — Infringement of the hierarchy of norms — Infringement of Article 41 of the 2003 Act of Accession — Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 — Infringement of duty to state reasons
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 1 March 2012
ECLI:EU:C:2012:106 |
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Judgment of the Court (Grand Chamber), 26 June 2012
ECLI:EU:C:2012:385 |
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Case C-336/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 21 December 2011
ECLI:EU:C:2011:860 |
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Judgment of the Court (Grand Chamber), 26 June 2012
ECLI:EU:C:2012:386 |
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Case C-404/10 P Commission v Éditions Odile Jacob
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulations (EEC) No 4064/89 and (EC) No 139/2004 — Refusal to grant access — Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions — Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 28 June 2012
ECLI:EU:C:2012:393 |
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Case C-477/10 P Commission v Agrofert Holding
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulation (EC) No 139/2004 — Refusal of access — Exceptions relating to the protection of the purpose of investigations, commercial interests, legal advice and the decision‑making process of the institutions
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 December 2011
ECLI:EU:C:2011:817 |
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Judgment of the Court (Third Chamber), 28 June 2012
ECLI:EU:C:2012:394 |
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Case C-7/11 Fabio Caronna
Medicinal products for human use — Directive 2001/83/EC – Article 77 — Wholesale distribution of medicines — Mandatory special authorisation for pharmacists — Conditions for granting
Reference for a preliminary ruling from the Tribunale di Palermo
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:396 |
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Case C-19/11 Geltl v Daimler
Directives 2003/6/EC and 2003/124/EC — Inside information — Notion of ‘precise information’ — Intermediate steps in a protracted process — Reference to circumstances or an event which may reasonably be expected to come into existence or occur — Interpretation of the wording ‘may reasonably be expected’ — Public disclosure of information relating to change of a manager of a company
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 March 2012
ECLI:EU:C:2012:153 |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:397 |
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Case C-172/11 Erny v Daimler
Freedom of movement for workers — Article 45 TFEU — Regulation (EEC) No 1612/68 — Article 7(4) — Principle of non-discrimination — Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement — Cross-border workers subject to income tax in the Member State of residence — Notional taking into account of the tax on wages of the Member State of employment
Reference for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:399 |
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Case C-192/12 PPU West v Virallinen syyttäjä
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of execution of a custodial sentence — Article 28 — Subsequent surrender — ‘Chain’ of European arrest warrants — Execution of a third European arrest warrant in respect of the same person — Concept of ‘executing Member State’ — Consent to surrender — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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View of Advocate General Cruz Villalón delivered on 6 June 2012
ECLI:EU:C:2012:322 |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:404 |
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Information (on unpublished decisions)
Case C‑21/11 Volturno Trasporti v Camera di Commercio di Benevento and Equitalia Polis
Reference for a preliminary ruling — Manifest inadmissibility
Case C-589/11 P(I) Schenker v Air France and Commission
Appeals — Intervention — Interest in the result of the case
Case C-590/11 P(I) Schenker v Air France-KLM and Commission
Appeals — Intervention — Interest in the result of the case
Case C-596/11 P(I) Schenker v Koninklijke Luchtvaart Maatschappij and Commission
Appeals — Intervention — Interest in the result of the case
Case C-598/11 P(I) Schenker v Cathay Pacific Airways and Commission
Appeals — Intervention — Interest in the result of the case
Case C-600/11 P(I) Schenker v Lan Airlines and Lan Cargo
Appeals — Intervention — Interest in the result of the case
Case C-602/11 P(I) Schenker v Deutsche Lufthansa and Others
Appeals — Intervention — Interest in the result of the case
Case C-156/12 GREP v Freitstaat Bayern
First subparagraph of Article 104(3) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Articles 47 and 51(1) — Implementation of European Union law — Action against a decision holding that a ruling delivered in another Member State ordering enforcement procedures was enforceable — Effective judicial protection — Right of access to courts — Legal aid — National legislation refusing legal aid to legal persons
Case C-355/11 Brouwer v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Directive 91/629/EEC — Minimum standards for the protection of calves — Regulation (EC) No 1782/2003 — Common rules for direct support schemes under the common agricultural policy — National legislation transposing Directive 91/629/EEC and declaring the management requirements provided for by that directive to be applicable to, inter alia, calves which are kept confined in the context of a dairy farming operation
Case C‑644/11 P(R) Qualitest FZE v Council
Appeals — Application for interim measures — Application for interim measures — Restrictive measures adopted against the Islamic Republic of Iran — Addition of the applicant’s name to the list of persons and entities to which the freezing of funds and economic resources applies — Lack of urgency
Case C-493/11 P United Technologies v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑494/11 P Otis Luxembourg and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑38/11 Amorim Energia v Ministério das Finanças e da Administração Pública
The first subparagraph of Article 104(3) of the Rules of Procedure — Articles 49 TFEU and 54 TFEU — Articles 63 TFEU and 65 TFEU — Directive 90/435/EEC — Article 3(2) — Tax legislation — Corporation tax — Taxation of dividends — Withholding tax — Exemption — Minimum holding in the company distributing dividends — Conditions — Minimum period of uninterrupted share ownership –Conditions — Resident and non-resident recipient companies — Different treatment
Case C-223/11 Commission v Portugal
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union water policy — River basin district management plans — Publication and notification to the Commission — None — Information and consultation of the public on the envisaged management plans — None
Case C-491/11 P Fuchshuber Agrarhandel v Commission
Appeal — Common Agricultural Policy — Purchase of maize from the Hungarian intervention agency — Insufficient stocks — Alleged failure by the Commission in its obligation to conduct checks — Non-contractual liability
Case C-485/10 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid granted to Ellinika Nafpigeia AE — Incompatibility with the common market — Recovery — Non-execution
Case C-306/11 P XXXLutz Marken v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark Linea Natura Natur hat immer Stil — Opposition by the proprietor of the Community figurative mark natura selection — Relative grounds for refusal — Likelihood of confusion
Case C-599/11 P TofuTown.com v Meica and OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity
July 2012
Case C‑128/11 UsedSoft v Oracle International
Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 24 April 2012
ECLI:EU:C:2012:234 |
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Judgment of the Court (Grand Chamber), 3 July 2012
ECLI:EU:C:2012:407 |
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Case C‑318/10 SIAT v État belge
Freedom to provide services — Tax legislation — Deduction as business expenses of expenses incurred as payment for the provision of services — Expenses incurred in relation to a service provider established in another Member State in which that provider is not subject to tax on income or is subject there to a tax regime which is appreciably more advantageous — Deductibility conditional upon the provision of proof of the genuine and proper nature of the services and the normal nature of the related payments — Obstacle — Justification — Combating tax evasion and avoidance — Effectiveness of fiscal supervision — Balanced allocation between Member States of the power to impose taxes — Proportionality
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 September 2011
ECLI:EU:C:2011:624 |
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Judgment of the Court (First Chamber), 5 July 2012
ECLI:EU:C:2012:415 |
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Case C‑509/10 Geistbeck and Geistbeck v Saatgut-Treuhandverwaltung
Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — ‘Farmer’s privilege’ — Concept of ‘reasonable compensation’ — Compensation for damage suffered — Infringement
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 29 March 2012
ECLI:EU:C:2012:187 |
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Judgment of the Court (First Chamber), 5 July 2012
ECLI:EU:C:2012:416 |
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Case C‑527/10 ERSTE Bank Hungary v Magyar Állam and Others
Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a non-EU Member State — Insolvency proceedings opened against the debtor in another Member State — First State which has become a member of the European Union — Whether applicable
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Mazák delivered on 26 January 2012
ECLI:EU:C:2012:37 |
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Judgment of the Court (First Chamber), 5 July 2012
ECLI:EU:C:2012:417 |
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Case C-558/10 Bourgès-Maunoury and Heintz v Direction des services fiscaux d'Eure et Loir
Privileges and immunities of the European Communities – Exemption from national taxes on salaries paid by the European Union – Inclusion of income paid by the European Union in the calculation of the cap for wealth tax
Reference for a preliminary ruling from the tribunal de grande instance de Chartres
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 February 2012
ECLI:EU:C:2012:91 |
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Judgment of the Court (Third Chamber), 5 July 2012
ECLI:EU:C:2012:418 |
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Case C‑49/11 Content Services v Bundesarbeitskammer
Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal
Reference for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 March 2012
ECLI:EU:C:2012:126 |
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Judgment of the Court (Third Chamber), 5 July 2012
ECLI:EU:C:2012:419 |
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Case C‑141/11 Hörnfeldt v Posten Meddelande
Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension
Reference for a preliminary ruling from the Södertörns tingsrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Second Chamber), 5 July 2012
ECLI:EU:C:2012:421 |
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Case C‑259/11 DTZ Zadelhoff vof v Staatssecretaris van Financiën
Sixth VAT Directive — Articles 5(3)(c) and 13B(d)(5) — Negotiation of a transaction involving the transfer of company shares — Transaction which also entails the transfer of the ownership of immovable property held by such companies — Exemption
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 5 July 2012
ECLI:EU:C:2012:423 |
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Case C‑269/09 Commission v Spain
Failure of a Member State to fulfil obligations — Articles 18 EC, 39 EC and 43 EC — Articles 28 and 31 of the EEA Agreement — Tax legislation — Transfer abroad of a taxpayer’s residence — Obligation to include any income not yet charged to tax in the tax base for the preceding tax year — Loss of the advantage to be gained by deferring the tax debt
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 12 July 2012
ECLI:EU:C:2012:439 |
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Case C‑378/10 Application to register a company made by VALE Építési kft
Articles 49 TFEU and 54 TFEU — Freedom of establishment — Principles of equivalence and effectiveness — Cross-border conversion — Refusal to add to register
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 15 December 2011
ECLI:EU:C:2011:841 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:440 |
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Case C‑562/10 Commission v Germany
Action for failure to fulfil obligations — Article 56 TFEU — German legislation regarding care insurance — Benefits in kind for assistance at home are unavailable where the person reliant on care is staying in another Member State — Lower level of exportable cash benefits — Failure to reimburse hire costs of care equipment in other Member States
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 18 April 2012
ECLI:EU:C:2012:210 |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:442 |
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Case C‑602/10 SC Volksbank România v Autoritatea Naţională pentru Protecţia Consumatorilor CJPC
Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Articles 22, 24 and 30 — National legislation designed to transpose that directive — Applicability to agreements not included in the material and temporal scope of the directive — Obligations not provided for by the directive — Limitation on the bank charges capable of being levied by the creditor — Articles 56 TFEU, 58 TFEU and 63 TFEU — Obligation to put in place, in national law, adequate and effective out-of-court dispute resolution procedures
Reference for a preliminary ruling from the Judecătoria Călăraşi
Language of the case: Romanian
| Summary |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:443 |
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Joined Cases C‑608/10, C‑10/11, C‑23/11 Südzucker and Others v Hauptzollamt Hamburg-Jonas
Agriculture — Export refunds — Incorrect indication of the exporter in the export declaration — National legislation making entitlement to an export refund subject to the entry of the applicant as the exporter in the export declaration — Correction of the export declaration after the goods have been released
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 12 July 2012
ECLI:EU:C:2012:444 |
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Case C‑616/10 Solvay v Honeywell Fluorine Products Europe and Others
Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments — Regulation (EC) No 44/2001 — Action for infringement of a European patent — Special and exclusive jurisdiction — Article 6(1) — More than one defendant — Article 22(4) — Validity of the patent called into question — Article 31 — Provisional, including protective, measures
Reference for a preliminary ruling from the Rechtbank ’s‑Gravenhage
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 March 2012
ECLI:EU:C:2012:193 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:445 |
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Joined Cases C‑55/11, C‑57/11 and C‑58/11 Vodafone España SA v Ayuntamiento de Santa Amalia (C-55/11), Ayuntamiento de Tudela (C-57/11), and France Telecom España SA v Ayuntamiento de Torremayor (C-58/11)
Directive 2002/20/EC — Electronic communications networks and services — Authorisation — Article 13 — Fees for rights of use and rights to install facilities
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 March 2012
ECLI:EU:C:2012:162 |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:446 |
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Case C‑59/11 Association Kokopelli v Graines Baumaux
Agriculture — Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC — Validity — Vegetables — Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species — Non-compliance with system of prior authorisation for marketing — International Treaty on Plant Genetic Resources for Food and Agriculture — Principle of proportionality — Freedom to conduct a business — Free movement of goods — Equal treatment
Reference for a preliminary ruling from the Cour d’appel de Nancy
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 19 January 2012
ECLI:EU:C:2012:28 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:447 |
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Case C‑79/11 Procura della Repubblica v Giovanardi and Others
Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings
Reference for a preliminary ruling from the judge in charge of preliminary investigations at the Tribunale di Firenze
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 May 2012
ECLI:EU:C:2012:297 |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:448 |
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Case C‑138/11 Compass-Datenbank v Republik Österreich
Competition — Article 102 TFEU — Concept of ‘undertaking’ — Data of the companies register stored in a database — Activity of collection and making available of that data in return for remuneration — Refusal by the public authorities to authorise re-utilisation of that data — ‘Sui generis’ right provided for in Article 7 of Directive 96/9/EC
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 26 April 2012
ECLI:EU:C:2012:251 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:449 |
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Case C‑146/11 Pimix v Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus and Põllumajandusministeerium
Accession of new Member States — Setting the charge on surplus stocks of agricultural products — Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question
Reference for a preliminary ruling from the Riigikohus (Estonia)
Language of the case: Estonian
| Summary |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:450 |
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Case C‑171/11 FRA.BO v DVGW
Free movement of goods — Measures having equivalent effect to a quantitative restriction — National certification procedure — Presumption of compliance with national law — Applicability of Article 28 EC to a private-law certification body
Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 28 March 2012
ECLI:EU:C:2012:176 |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:453 |
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Case C‑176/11 HIT hoteli, igralnice, turizem dd Nova Gorica and HIT LARIX, prirejanje posebnih iger na srečo in turizem dd v Bundesminister für Finanzen
Article 56 TFEU — Restriction on the freedom to provide services — Games of chance — Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level — Justification — Overriding reasons in the public interest — Proportionality
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 17 April 2012
ECLI:EU:C:2012:208 |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:454 |
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Case C‑284/11 EMS-Bulgaria Transport v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/ EC — Right to deduct — Limitation period for the exercise of the right to deduct VAT — Principle of effectiveness — Refusal of the right to deduct VAT — Principle of fiscal neutrality
Reference for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:458 |
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Case C‑291/11 Staatssecretaris van Financiën v TNT Freight Management (Amsterdam) BV
Common Customs Tariff — Combined Nomenclature — Tariff headings 3002 and 3502 — Blood albumin prepared for therapeutic or prophylactic uses — Processing of the product
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:459 |
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Case C-311/11 P Smart Technologies v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(b) – Word mark WIR MACHEN DAS BESONDERE EINFACH – Mark consisting of an advertising slogan – Distinctive character – Refusal to register
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber), 12 July 2012
ECLI:EU:C:2012:460 |
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Case C‑326/11 J.J. Komen en Zonen Beheer Heerhugowaard BV v Staatssecretaris van Financiën
Sixth VAT Directive — Article 13B(g), read in conjunction with Article 4(3)(a) — Supply of buildings and land upon which they stand — Supply of a building undergoing work with the view to the creation of a new building by transformation — Continuation and completion of the work by the purchaser after the supply — Exemption from VAT
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:461 |
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Case C‑466/11 Currà and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling — Article 92(1) of the Rules of Procedure — Action brought by the victims of massacres against a Member State as the party liable for acts committed by its armed forces in wartime — Charter of Fundamental Rights of the European Union — Clear lack of jurisdiction of the Court
Reference for a preliminary ruling from the Tribunale ordinario di Brescia
Language of the case: Italian
| Summary |
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Order of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:465 |
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Case C‑337/09 P Council v Zhejiang Xinan Chemical Industrial Group
Appeal — Commercial policy — Dumping — Imports of glyphosate originating in China — Regulation (EC) No 384/96 — Article 2(7)(b) and (c) — Status of an undertaking operating under market economy conditions — Concept of ‘significant State interference’ within the meaning of the first indent of Article 2(7)(c) — State shareholder controlling de facto the general meeting of the producer’s shareholders — Equating such control to ‘significant interference’ — Assessment of an export contract stamping mechanism — Limits of judicial review — Assessment of the evidence submitted
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 19 January 2012
ECLI:EU:C:2012:22 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:471 |
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Case C‑130/10 Parliament v Council
Common foreign and security policy — Regulation (EU) No 881/2002 — Regulation (EU) No 1286/2009 — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Choice of legal basis — Articles 75 TFEU and 215 TFEU — Entry into force of the Treaty of Lisbon — Transitional provisions — CFSP common positions and decisions — Joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the Commission
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 31 January 2012
ECLI:EU:C:2012:50 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:472 |
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Case C‑334/10 X v Staatssecretaris van Financiën
Sixth VAT Directive — Article 6(2), first subparagraph, (a) and (b), Article 11A(1)(c) and Article 17(2) — Part of a capital item forming part of the assets of a business — Temporary use for private purposes — Permanent alterations to that item — Payment of VAT in respect of the permanent alterations — Right to deduct
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 1 March 2012
ECLI:EU:C:2012:108 |
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Judgment of the Court (First Chamber), 19 July 2012
ECLI:EU:C:2012:473 |
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Case C-522/10 Reichel-Albert v Deutsche Rentenversicherung Nordbayern
Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(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
Reference for a preliminary ruling from the Sozialgericht Würzburg
Language of the case: German
| Summary |
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Opinion of the Advocate General Jääskinen delivered on 1 March 2012
ECLI:EU:C:2012:114 |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:475 |
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Case C‑591/10 Littlewoods Retail and Others v Her Majesty's Commissioners of Revenue and Customs
Second and Sixth VAT Directives — Input tax — Refund of excess — Payment of interest — Procedures
Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 12 January 2012
ECLI:EU:C:2012:9 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:478 |
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Joined Cases C‑628/10 P and C‑14/11 P Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which the decision is based — Equal treatment
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 12 January 2012
ECLI:EU:C:2012:11 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:479 |
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Case C‑31/11 Scheunemann v Finanzamt Bremerhaven and Finanzamt Bremen-Mitte
Freedom of establishment — Free movement of capital — Direct taxation — Inheritance tax — Conditions for the calculation of the tax — Acquisition through inheritance of a shareholding, as sole shareholder, in a capital company established in a third country — National legislation excluding shareholdings in such companies from tax advantages
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 20 March 2012
ECLI:EU:C:2012:150 |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:481 |
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Case C‑33/11 A Oy
Sixth Directive — Exemptions — Article 15(6) — Exemption for the supply of aircraft used by airlines operating for reward chiefly on international routes — Supply of aircraft to an operator who makes them available to such an undertaking — Concept of ‘operating for reward on international routes’ — Charter flights
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 April 2012
ECLI:EU:C:2012:249 |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:482 |
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Case C‑44/11 Finanzamt Frankfurt am Main V-Höchst v Deutsche Bank
Directive 2006/112/EC — Article 56(1)(e) — Article 135(1)(f) and (g) — Exemption for transactions relating to the management of securities-based assets (portfolio management)
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 8 May 2012
ECLI:EU:C:2012:276 |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:484 |
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Case C-48/11 Veronsaajien oikeudenvalvontayksikkö v A Oy
Direct taxation — Freedom of establishment — Free movement of capital — EEA Agreement — Articles 31 and 40 — Directive 2009/133/EC — Scope — Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement — Refusal of a tax advantage — Agreement on mutual administrative assistance in the field of taxation
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:485 |
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Case C-62/11 Land Hessen v Feyerbacher
Protocol on the Statute of the European System of Central Banks and of the ECB — Article 36 — Protocol on the Privileges and Immunities of the European Communities — Articles 13, 15 and 23 — ECB Headquarters Agreement — Article 15 — Applicability to ECB staff of the provisions of German social welfare law providing for a parental allowance
Reference for a preliminary ruling from the Hessisches Landessozialgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24 May 2012
ECLI:EU:C:2012:305 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:486 |
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Case C‑112/11 ebookers.com Deutschland v Verbraucherzentrale Bundesverband
Transport — Air transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Obligation on the person selling air travel to ensure that the customer’s acceptance of optional price supplements is on an opt-in basis — Concept of ‘optional price supplements’ — Price of flight cancellation insurance provided by an independent insurance company and forming part of the overall price
Reference for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 1 March 2012
ECLI:EU:C:2012:117 |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:487 |
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Case C‑130/11 Neurim Pharmaceuticals (1991) v Comptroller General of Patents
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining a supplementary protection certificate — Medicinal product having obtained a valid marketing authorisation — First authorisation — Product successively authorised as a veterinary medicinal product and a human medicinal product
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 3 May 2012
ECLI:EU:C:2012:268 |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:489 |
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Case C‑154/11 Mahamdia v People’s Democratic Republic of Algeria
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction over individual contracts of employment — Contract with an embassy of a third State — Immunity of the employing State — Concept of branch, agency or other establishment within the meaning of Article 18(2) — Compatibility with Article 21 of an agreement conferring jurisdiction on the courts of the third State
Reference for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 24 May 2012
ECLI:EU:C:2012:309 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:491 |
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Case C‑160/11 Bawaria Motors v Minister Finansów
Directive 2006/112/EC — VAT — Article 136 — Exemptions — Articles 313 to 315 — Special margin scheme — Supply of second-hand vehicles by a taxable dealer — Vehicles previously supplied exempt from VAT to a taxable dealer by another taxable person which had a right of partial deduction of input tax
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Mazák delivered on 24 May 2012
ECLI:EU:C:2012:310 |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:492 |
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Joined Cases C‑213/11, C‑214/11 and C‑217/11 Fortuna and Others v Dyrektor Izby Celnej w Gdyni
Internal market — Directive 98/34/EC — Technical standards and regulations — Procedure for the provision of information in the field of technical standards and regulations — Low-prize gaming machines — Prohibition of the amendment, extension and issue of operating authorisations — Concept of ‘technical regulation’
References for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gdańsku
Language of the case: Polish
| Summary |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:495 |
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Case C-250/11 Lietuvos geležinkeliai v Vilniaus teritorinė muitinė and Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Relief from customs duties and VAT exemptions on imports of goods — Fuel contained in the standard tanks of land motor vehicles — Notion of ‘motorised road vehicle’ — Locomotives — Road transport and transport by rail — Principle of equal treatment — Principle of neutrality
Reference for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:496 |
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Case C‑263/11 Rēdlihs v Valsts ieņēmumu dienests
Sixth VAT Directive – Directive 2006/112/EC — Concept of ‘economic activity’ — Supplies of timber in order to alleviate the damage caused by a storm — Reverse charge procedure — Failure to register in the register of taxable persons — Fine — Principle of proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:497 |
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Case C‑336/11 Receveur principal des douanes and Others v Rohm & Haas Electronic Materials CMP Europe and Others
Common Customs Tariff — Tariff classification — Combined Nomenclature — Polishing pads intended exclusively for semiconductor wafer-polishing machines — Tariff headings 3919 and 8466 (or 8486) — Definition of ‘parts’ or ‘accessories’
Reference for a preliminary ruling from the Cour d’appel de Lyon
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber), 19 July 2012
ECLI:EU:C:2012:500 |
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Case C‑376/11 Pie Optiek v Bureau Gevers and European Registry for Internet Domains
Internet — .eu Top Level Domain — Regulation (EC) No 874/2004 — Domain names — Phased registration — Article 12(2) — Concept of ‘licensees of prior rights’ — Person authorised by the proprietor of a trade mark to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark — No authorisation for other uses of the sign as a trade mark
Reference for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Trstenjak delivered on 3 May 2012
ECLI:EU:C:2012:272 |
|
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:502 |
|
Case C‑377/11 International Bingo Technology v Tribunal Económico Administrativo Regional de Cataluña
Sixth VAT Directive — Articles 11A(1)(a), 17(5) and 19(1) — Organisation of games of bingo — Legal obligation to use part of the card price to pay winnings to players — Calculation of the basis of assessment
Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 19 July 2012
ECLI:EU:C:2012:503 |
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Case C‑451/11 Dülger v Wetteraukreis
EEC-Turkey Association Agreement — Association Council Decision No 1/80 — Article 7, first paragraph — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who was married to a Turkish worker and lived with him for more than three years
Reference for a preliminary ruling from the Verwaltungsgericht Giessen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 7 June 2012
ECLI:EU:C:2012:331 |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:504 |
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Case C‑470/11 Garkalns v Rīgas Dome
Article 49 EC — Restrictions on freedom to provide services — Equal treatment — Obligation of transparency — Betting and gaming — Casinos, amusement arcades and bingo halls — Obligation to obtain the prior agreement of the municipality of the place of establishment — Discretion — Substantial impairment of the interests of the State and of the residents of the administrative area concerned — Justifications — Proportionality
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:505 |
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Case C‑278/12 PPU Adil v Minister voor Immigratie, Integratie en Asiel
Area of freedom, security and justice − Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Abolition of border control at internal borders — Checks within the territory − Measures having an equivalent effect to border checks − National legislation authorising checks of identity, nationality and residence status by officials responsible for border surveillance and monitoring of foreign nationals in a 20 kilometre area extending from the common border with other State parties to the Convention implementing the Schengen Agreement − Checks intended to combat illegal residence − Legislation laying down certain conditions and guarantees concerning, inter alia, the frequency and intensity of the checks
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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View of Advocate General Sharpston delivered on 9 July 2012
ECLI:EU:C:2012:430 |
|
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:508 |
|
Information (on unpublished decisions)
Case C-389/11 P Région Nord-Pas-de-Calais v Commission
Appeal — State aid — Construction of railway equipment — Decisions declaring aid incompatible with the common market and ordering its recovery
Case C‑25/12 P Trevisanato v Commission
Appeal — Article 119 of the Rules of Procedure — Application seeking an order that the Commission take a position concerning the interpretation and the transposition of a directive — Manifest inadmissibility
Case C‑73/12 Procura della Repubblica v Ettaghi
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑74/12 Procura della Repubblica v Tam
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑75/12 Procura della Repubblica v Abdel
Reference for a preliminary ruling — No description of the main proceedings — Manifestly inadmissible
Case C‑467/11 P Audi and Volkswagen v OHIM
Appeal — Community trade mark — Appeal which has become devoid of purpose — No need to adjudicate
Case C‑16/12 Hermes Hitel és Faktor v Nemzeti Földalapkezelő Szervezet
Reference for a preliminary ruling — General principles of European Union law — Forestry Act — Lack of connection to European Union law — Clear lack of jurisdiction of the Court
Case C‑582/11 P Rügen Fisch v OHIM
Appeal — Regulation (EC) No 40/94 — Article 7(1) and (2) — Community trade mark — Word mark SCOMBER MIX — Absolute ground for invalidity — Descriptive character
Case C‑181/11 P Cetarsa v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Equal treatment — Maximum limit of 10% of turnover — Cooperation — Distortion of evidence — Manifest error of assessment — Failure to state reasons
Case C‑278/11 P Dover v Parliament
Appeal — Rules governing the payment of expenses and allowances to Members of the European Parliament — Review of the use of allowances — Parliamentary assistance allowance — Justification of expenditure — Recovery of undue payments
Case C‑372/11 P Power-One Italy v Commission
Appeal — Non‑contractual liability — Project co‑funded by the financial instrument ‘LIFE’ — Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project) — Commission decision to end the project and to recover the advance paid — Compensation for the loss allegedly sustained
Case C‑384/11 Tate & Lyle Investments v Belgische Staat
The first subparagraph of Article 104(3) of the Rules of Procedure — Article 63 TFEU — Tax legislation — Payment of dividends — Withholding tax — Prevention or mitigation of a series of charges to tax — Different treatment of resident recipient companies and non‑resident recipient companies
Case C‑407/11 P Government of Gibraltar v Commission
Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence
Case C‑581/11 P Mugraby v Council and Commission
Appeal — Action for a declaration of failure to act — Infringement of fundamental rights and of the Association Agreement between the European Community and the Republic of Lebanon — Failure of the Council and of the Commission to take measures against the Republic of Lebanon — Action for damages — Appeal manifestly unfounded and manifestly inadmissible
Case C‑608/11 P Land Wien v Commission
Appeal — Nuclear energy — Extension of the nuclear power station at Mochovce (Slovak Republic) — Commission decision to take no further action on complaint — Action for annulment — Refusal by the Commission to send the documents requested — Action for failure to act — Minimum requirements laid down in Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility
Case C‑565/10 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3, 4 and 10 — Collection systems — Secondary or equivalent treatment — Treatment plants — Representative samples
Case C‑145/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2001/82/EC — Veterinary medicinal products — Decentralised procedure for the grant of marketing authorisation for a veterinary medicinal product in a number of Member States — Generic medicinal products similar to the reference medicinal products already authorised — Refusal to approve request by a Member State — Composition and form of the medicinal product
Case C‑264/11 P Kaimer and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Penalty — Copper and copper alloy fittings sector — Probative value of statements made in the context of the leniency policy
Joined Cases C‑587/11 P‑R and C‑588/11 P‑R Omnicare v OHIM
Interim relief — Appeals — Application for interim measures — Community trade mark
Case C‑110/12 P(R) Akhras v Council
Appeal — Application for interim measures — Restrictive measures against Syria — Freezing of funds and economic resources — Application for suspension of operation of measures and for interim measures — No urgency — No serious and irreparable damage
September 2012
Case C‑355/10 Parliament v Council
Schengen Borders Code — Decision 2010/252/EU — Surveillance of the sea external borders — Introduction of additional rules governing border surveillance — Commission’s implementing powers — Scope — Application for annulment
Language of the case: English
| Summary |
|
|
Opinion of Advocate General Mengozzi delivered on 17 April 2012
ECLI:EU:C:2012:207 |
|
|
Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:516 |
|
Case C‑42/11 Proceedings concerning the execution of a European arrest warrant issued against João Pedro Lopes Da Silva Jorge
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Article 4(6) — Ground for optional non-execution of the European arrest warrant — Implementation in national law — Arrested person is a national of the issuing Member State — European arrest warrant issued for the purposes of enforcing a custodial sentence — Legislation of a Member State restricting the power not to execute the European arrest warrant to cases where the requested persons are nationals of that State
Reference for a preliminary ruling from the cour d’appel d’Amiens
Language of the case: French
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 20 March 2012
ECLI:EU:C:2012:151 |
|
|
Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:517 |
|
Joined Cases C‑71/11 and C‑99/11 Bundesrepublik Deutschland v Y and Z
Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Article (2)(c) — Classification as a ‘refugee’ — Article 9(1) — Definition of ‘acts of persecution’ — Article 10(1)(b) — Religion as ground for persecution — Connection between the reasons for persecution and the acts of persecution — Pakistani nationals who are members of the Ahmadiyya religious community — Acts by the Pakistani authorities designed to prohibit the manifestation of a person’s religion in public — Acts sufficiently serious for the person concerned to have a well-founded fear of being persecuted on account of his religion — Individual assessment of the facts and circumstances — Article 4
References for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 19 April 2012
ECLI:EU:C:2012:224 |
|
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Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:518 |
|
Case C‑83/11 Secretary of State for the Home Department v Rahman and Others
Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Article 3(2) — Obligation to facilitate, in accordance with national legislation, entry and residence for ‘any other family members’ who are dependants of a Union citizen
Reference for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber)
Language of the case: English
| Summary |
|
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Opinion of Advocate General Bot delivered on 27 March 2012
ECLI:EU:C:2012:174 |
|
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Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:519 |
|
Case C‑38/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Article 49 TFEU — Tax legislation — Transfer of residence for tax purposes — Transfer of assets — Immediate exit tax
Language of the case: Portuguese
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 28 June 2012
ECLI:EU:C:2012:391 |
|
|
Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:521 |
|
Case C 262/10 Döhler Neuenkirchen v Hauptzollamt Oldenburg
Community Customs Code — Regulation (EEC) No 2913/92 — Article 204(1)(a) — Inward processing procedure — System of suspension — Incurrence of a customs debt — Non-fulfilment of an obligation to supply the bill of discharge within the prescribed period
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
|
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Opinion of Advocate General Jääskinen delivered on 8 March 2012
ECLI:EU:C:2012:128 |
|
|
Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:559 |
|
Case C‑490/10 Parliament v Council
Action for annulment — Regulation (EU, Euratom) No617/2010 — Notification to the Commission of investment projects in energy infrastructure within the European Union — Choice of legal basis — Article 337 TFEU and Article 187 EA — Article 194 TFEU
Language of the case: French
| Summary |
|
|
Opinion of Advocate General Mengozzi delivered on 18 April 2012
ECLI:EU:C:2012:209 |
|
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:525 |
|
Case C–544/10 Deutsches Weintor v Land Rheinland-Pfalz
Reference for a preliminary ruling — Approximation of laws — Public health — Consumer information and protection — Labelling and presentation of foodstuffs — Concepts of ‘nutrition claims’ and ‘health claims’ — Regulation (EC) No 1924/2006 — Description of a wine as ‘easily digestible’ — Reference to reduced acidity levels — Beverages containing more than 1.2% by volume of alcohol — Prohibition of health claims — Charter of Fundamental Rights of the European Union — Article 15(1) — Freedom to choose an occupation — Article 16 — Freedom to conduct a business — Compatibility
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
|
|
Opinion of Advocate General Mazák delivered on 29 March 2012
ECLI:EU:C:2012:189 |
|
|
Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:526 |
|
Case C‑619/10 Trade Agency v Seramico Investments
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Enforcement — Grounds for challenge — Document instituting proceedings not served on the defendant — Review by the court in which enforcement is sought — Scope — Value of the information in the certificate — Infringement of public policy — Judgment lacking reasoning
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
|
|
Opinion of Advocate General Kokott delivered on 26 April 2012
ECLI:EU:C:2012:247 |
|
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Judgment of the Court (First Chamber), 6 September 2012
ECLI:EU:C:2012:531 |
|
Case C‑18/11 Commissioners for Her Majesty's Revenue & Customs v Philips Electronics UK
Freedom of establishment – Tax legislation – Corporation tax – Group relief – National legislation excluding the transfer of losses incurred in the national territory by a non-resident branch of a company established in another Member State to a company of the same group established in the national territory
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
|
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Opinion of Advocate General Kokott, delivered on 19 April 2012
ECLI:EU:C:2012:222 |
|
|
Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:532 |
|
Case C‑28/11 Eurogate Distribution v Hauptzollamt Hamburg-Stadt
Community Customs Code – Regulation (EEC) No 2913/92 – Article 204(1)(a) – Customs warehousing procedure – Customs debt incurred through non-fulfilment of an obligation – Delayed entry in stock records of information concerning the removal of goods from a customs warehouse
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
|
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Opinion of Advocate General Jääskinen delivered on 8 March 2012
ECLI:EU:C:2012:131 |
|
|
Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:533 |
|
Case C‑36/11 Pioneer Hi Bred Italia v Ministero delle Politiche Agricole, Alimentari e Forestali
Agriculture — Genetically modified organisms — Council Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms accepted for inclusion in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the unintended presence of genetically modified organisms — National measures prohibiting the cultivation of genetically modified organisms accepted for inclusion in the common catalogue and authorised as existing products pending measures based on Article 26a of Directive 2001/18/EC
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
|
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Opinion of Advocate General Bot delivered on 26 April 2012
ECLI:EU:C:2012:250 |
|
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Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:534 |
|
Joined Cases C‑147/11 and C‑148/11 Secretary of State for Work and Pensions v Czop and Punakova
Regulation (EEC) No 1612/68 — Directive 2004/38/EC — Right of permanent residence — Social assistance benefits — Care of a child — Period of residence completed before the State of origin acceded to the European Union
References for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:538 |
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Case C‑150/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Directive 1999/37/EC — Registration documents for vehicles — Vehicles previously registered in another Member State — Change of ownership — Requirement of a roadworthiness test — Requirement of production of a certificate of conformity — Roadworthiness test carried out in another Member State — Non-recognition — Lack of justification
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:539 |
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Case C‑170/11 Lippens and Others v Kortekaas and Others
Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil or commercial matters — Matters covered — Hearing by the court of a Member State of a witness who is a party in the main proceedings residing in another Member State — Possibility to summon a party as a witness before the competent court in accordance with the law of its Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24May 2012
ECLI:EU:C:2012:311 |
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Judgment of the Court (First Chamber), 6 September 2012
ECLI:EU:C:2012:540 |
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Case C‑190/11 Mühlleitner v Yusufi and Yusufi
Jurisdiction in civil and commercial matters — Jurisdiction over consumer contracts — Regulation (EC) No 44/2001 — Article 15(1)(c) — Possible limitation of that jurisdiction to distance contracts
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 24 May 2012
ECLI:EU:C:2012:313 |
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Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:542 |
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Case C‑273/11 Mecsek-Gabona v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
VAT — Directive 2006/112/EC — Article 138(1) — Conditions of exemption for intra-Community transactions characterised by the obligation on the purchaser to ensure, as from the time of their loading, the transport of the goods of which it disposes as owner — Obligation on the vendor to prove that the goods have physically left the territory of the Member State of supply — Removal from the register, with retroactive effect, of the customer’s VAT identification number
Reference for a preliminary ruling from the Baranya Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:547 |
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Case C‑308/11 Chemische Fabrik Kreussler v Sunstar Deutschland
Directive 2001/83/EC — Medicinal products for human use — Article 1(2)(b) — Meaning of ‘medicinal product by function’ — Definition of the term ‘pharmacological action’
Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 6 September 2012
ECLI:EU:C:2012:548 |
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Case C‑324/11 Tóth v Nemzeti Adó- és Vámhivatal Észak-magyarországi Regionális Adó Főigazgatósága
Taxation — VAT — Directive 2006/112/EC — Article 9 — Meaning of taxable person — Right to deduct — Refusal — Principle of tax neutrality — Issuer of the invoice removed from the business register — Issuer of the invoice having failed to declare his employees to the tax authority — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice vis-à-vis the tax authority
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:549 |
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Case C‑380/11 DI VI Finanziaria di Diego della Valle & C. SapA v Directeur de l'Administration des contributions en matière d'impôts
Freedom of establishment — Article 49 TFEU — Tax legislation — Capital tax — Conditions for granting a reduction in capital tax — Situation where a company is no longer liable to capital tax following transfer of its seat to another Member State — Restriction — Justification — Overriding reasons in the public interest
Reference for a preliminary ruling from the tribunal administratif (Luxembourg)
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:552 |
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Joined Cases C‑422/11 P and C‑423/11 P Prezes Urzędu Komunikacji Elektronicznej and Poland v Commission
Appeals — Action for annulment — Inadmissibility of the action — Representation before the Courts of the European Union — Lawyer — Independence
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber), 6 September 2012
ECLI:EU:C:2012:553 |
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Case C‑471/11 Cido Grupa v Valsts ieņēmumu dienests
Accession of new Member States — Transitional measures — Agricultural products — Sugar — Regulation (EC) No 60/2004 — Basis of assessment and rate applicable for the charge on surplus stocks
Reference for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber), 6 September 2012
ECLI:EU:C:2012:555 |
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Case C‑487/11 Treimanis v Valsts ieņēmumu dienests
Regulation (EEC) No 918/83 — Articles 1(2)(c), 2 and 7(1) — Relief from import duties on personal property — The term ‘property intended … for meeting … household needs’ — Motor vehicle imported into the European Union — Vehicle used by a member of the family of the importing owner
Reference for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:556 |
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Case C‑496/11 Portugal Telecom v Fazenda Pública
VAT — Sixth Directive — Articles 17(2) and 19 — Deductions — VAT due or paid for services acquired by a holding company — Services having a direct, immediate and unequivocal relationship with taxable output transactions
Reference for a preliminary ruling from theTribunal Central Administrativo Sul
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber), 6 September 2012
ECLI:EU:C:2012:557 |
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Case C‑524/11 Lowlands Design Holding v Minister van Financiën
Common Customs Tariff — Combined Nomenclature — Tariff classification — Romper bags for babies and young children — Subheadings 6209 20 00 or 6211 42 90
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 6 September 2012
ECLI:EU:C:2012:558 |
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Case C‑43/10 Nomarchiaki Aftodioikisi Aitoloakarnanias and Others v Ipourgos Perivallontos, Chorotaxias kai Dimosion ergon and Others
Reference for a preliminary ruling — Directives 85/337/EEC, 92/43/EEC, 2000/60/EC and 2001/42/EC — Community action in the field of water policy — Diversion of the course of a river — Meaning of the time limit for production of river basin management plans
Reference for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 13 October 2011
ECLI:EU:C:2011:651 |
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Judgment of the Court (Grand Chamber), 11 September 2012
ECLI:EU:C:2012:560 |
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Joined Cases C‑113/10, C‑147/10 and C‑234/10 Zuckerfabrik Jülich and Others v Hauptzollamt Aachen and Others
Common agricultural policy — Common organisation of the markets — Producers of sugar and of isoglucose — Calculation of production levies — Validity of a method of calculation taking into account fictitious refund amounts for those quantities of sugar exported without refund — Retroactive effect of the legislation — Exchange rate — Award of interest
References for a preliminary ruling brought by the Finanzgericht Düsseldorf, by the High Court of Justice of England and Wales, Chancery Division and the tribunal de grande instance de Nanterre
Languages of the case: German, English and French
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 October 2011
ECLI:EU:C:2011:701 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:591 (Rectification of the judgment: Order of 22 November 2012) |
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Case C‑587/10 VSTR v Finanzamt Plauen
Taxation — Value added tax — Supply of goods — Taxation of chain transactions — Refusal to exempt on grounds of failure to produce the VAT identification number of the person acquiring goods
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 21 June 2012
ECLI:EU:C:2012:369 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:592 |
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Case C‑137/11 Partena v Les Tartes de Chaumont-Gistoux
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 13 and 14c — Legislation applicable — Self-employed persons — Social security scheme — Insurance — Person employed or unemployed in a Member State — Self-employed activity in another Member State — Company agent — Residence in a Member State other than the State where the company has its registered office — Management of the company from the State of residence — National legislation establishing an irrebuttable presumption of pursuing a professional activity as a self-employed person in the Member State where the company has its registered office — Obligatory insurance with that State’s social security scheme for self-employed persons
Reference for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Mazák delivered on 26 June 2012
ECLI:EU:C:2012:387 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:593 |
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Case C‑179/11 Cimade and GISTI v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Applications for asylum — Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Regulation (EC) No 343/2003 — Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State — Determining the Member State obliged to assume the financial burden of the minimum conditions
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 May 2012
ECLI:EU:C:2012:298 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:594 |
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Case C‑392/11 Field Fisher Waterhouse v Commissioners for Her Majesty's Revenue and Customs
VAT – Exemption for leasing of immovable property – Leasing of commercial premises – Services connected with the leasing – Classification of the transaction for VAT purposes – Transaction consisting of a single supply or several independent supplies
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber), 27 September 2012
ECLI:EU:C:2012:597 |
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Information (on unpublished decisions)
Case C‑96/11 P August Storck v OHIM
Appeal — Community trade mark — Absolute ground for refusal — Lack of distinctive character — Three-dimensional sign consisting of the shape of a chocolate mouse
Case C‑327/11 P United States Polo Association v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ‘U.S. POLO ASSN.’ — Opposition by the holder of the earlier word mark ‘POLO-POLO’
Case C‑495/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Duty to state reasons
Case C‑587/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑588/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑197/07 P-DEP TDK Kabushiki Kaisha v Aktieselskabet af 21. november 2001 and OHIM
Taxation of costs
Case C‑540/11 Levy and Sebbag v Belgian State
Free movement of capital — Direct taxation — Taxation of dividends — Bilateral convention which precludes double taxation — Subsequent amendment, by one of the two States party to the convention, of its national legislation, having the effect of reintroducing double taxation — Obligations of the Member States under Articles 10 EC and 293 EC
Case C‑69/12 P Noscira v OHIM
Appeal — Original signed copy of the application lodged after the time limit — Regularisable defect — Excusable error — Appeal manifestly unfounded
Case C‑624/11 P Brighton Collectibles v OHIM
Appeal — Community trade mark — Regulations (EC) No 40/94 and (EC) No 207/2009 — Article 8(4) — Community word mark BRIGHTON — Opposition proceedings — Interpretation of the provisions of national law on relative grounds for refusal of registration
October 2012
Case C–22/11 Finnair v Lassooy
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Exclusion from characterisation as ‘denied boarding’ — Cancellation of a flight caused by a strike at the airport of departure — Rescheduling of flights after the cancelled flight — Right to compensation of the passengers on those flights
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 19 April 2012
ECLI:EU:C:2012:223 |
|
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Judgment of the Court (Third Chamber), 4 October 2012
ECLI:EU:C:2012:604 |
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Case C‑75/11 Commission v Austria
Failure of a Member State to fulfil obligations — Citizenship of the Union − Right to move and reside freely − Articles 20 TFEU and 21 TFEU − Discrimination on grounds of nationality − Article 18 TFEU − Directive 2004/38/EC − Article 24 — Derogation − Scope − Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 6 September 2012
ECLI:EU:C:2012:536 |
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Judgment of the Court (Second Chamber), 4 October 2012
ECLI:EU:C:2012:605 |
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Case C‑115/11 Format Urządzenia i Montaże Przemysłowe v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Social security — Determination of the legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(b) — Person normally employed in the territory of two or more Member States — Successive employment contracts — Employer established in the Member State of habitual residence of the worker — Employment performed exclusively in other Member States
Reference for a preliminary ruling from the Sąd Apelacyjny — Sąd Pracy i Ubezpieczeń Społecznych w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Mazák delivered on 3 May 2012
ECLI:EU:C:2012:267 |
|
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Judgment of the Court (Second Chamber), 4 October 2012
ECLI:EU:C:2012:606 |
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Case C‑249/11 Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti
Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Article 27 — Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person — Principle of legal certainty with regard to administrative acts which have become final — Principles of equivalence and effectiveness
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 June 2012
ECLI:EU:C:2012:380 |
|
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Judgment of the Court (Second Chamber), 4 October 2012
ECLI:EU:C:2012:608 |
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Case C‑321/11 Rodríguez Cachafeiro and Martínez-Reboredo Varela-Villamor v Iberia
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Cancellation of a passenger’s boarding card by an air carrier because of the anticipated delay to an earlier flight also operated by it which included check-in for the flight concerned
Reference for a preliminary ruling from the Juzgado de lo Mercantil No 2 de A Coruña
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber), 4 October 2012
ECLI:EU:C:2012:609 |
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Case C‑390/11 CS AGRO Ronov v Ministerstvo zemědělství
Agriculture — Sugar sector — Common organisation of the markets — Application for restructuring aid — Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet — Definition — Unilateral declaration of the producer — Refusal to grant aid — Need to terminate the existing delivery contract
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Fourth Chamber), 4 October 2012
ECLI:EU:C:2012:610 |
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Case C‑550/11 PIGI v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Right to deduction — Adjustment — Theft of goods
Reference for a preliminary ruling from the Administrativen sad — Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber), 4 October 2012
ECLI:EU:C:2012:614 |
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Case C‑364/10 Hungary v Slovakia
Failure of a Member State to fulfil obligations — Article 259 TFEU — Citizenship of the European Union — Article 21 TFEU — Directive 2004/38/EC — Right to move within the territory of the Member States — President of Hungary — Prohibition on entering the territory of the Slovak Republic — Diplomatic relations between Member States
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Bot delivered on 6 March 2012
ECLI:EU:C:2012:124 |
|
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Judgment of the Court (Grand Chamber), 16 October 2012
ECLI:EU:C:2012:630 |
|
Case C‑614/10 Commission v Austria
Failure of a Member State to fulfil obligations – Directive 95/46/EC – Processing of personal data and free movement of such data – Protection of natural persons – Article 28(1) – National supervisory authority – Independence – Supervisory authority and the Federal Chancellery – Personal and organisational links
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 3 July 2012
ECLI:EU:C:2012:406 |
|
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Judgment of the Court (Grand Chamber), 16 October 2012
ECLI:EU:C:2012:631 |
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Case C-301/10 Commission v United Kingdom
Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste water treatment – Directive 91/271/EEC – Articles 3, 4 and 10 – Annex I(A) and (B)
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 January 2012
ECLI:EU:C:2012:36 |
|
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Judgment of the Court (First Chamber), 18 October 2012
ECLI:EU:C:2012:633 |
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Case C-385/10 Elenca v Ministero dell'Interno
Free movement of goods – Quantitative restrictions and measures having equivalent effect – Internal liners in flues and chimney pipes – Lack of CE conformity marking – Marketing precluded
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 18 October 2012
ECLI:EU:C:2012:634 |
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Case C‑498/10 X NV v Staatssecretaris van Financiën
Freedom to provide services — Restrictions — Fiscal legislation — Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in another Member State — No such obligation in respect of a service provider established in the same Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Kokott delivered on 21 December 2011
ECLI:EU:C:2011:870 |
|
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Judgment of the Court (First Chamber), 18 October 2012
ECLI:EU:C:2012:635 |
|
Case C‑502/10 State Secretary van Justitie v Mangat Singh
Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Article 3(2)(e) – Residence based on a formally limited permit
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Bot delivered on 15 May 2012
ECLI:EU:C:2012:294 |
|
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Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:636 |
|
Case C‑583/10 The United States of America v Nolan
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – Lack of jurisdiction of the Court
Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 22 March 2012
ECLI:EU:C:2012:160 |
|
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Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:638 |
|
Case C-603/10 Pelati v Republika Slovenija
Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at least 30 days before the proposed operation is effected
Reference for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
|
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Judgment of the Court (Fifth Chamber), 18 October 2012
ECLI:EU:C:2012:639 |
|
Case C-37/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations – Admissibility – Regulation No 1234/2007 – Article 115 – Annex XV – Point I(2) – Appendix to Annex XV – Part A – Sales designations ‘butter’ and ‘dairy spread’ – Sales designation ‘pomazánkové máslo’ (butter spread) – List of derogations
Language of the case: Czech
| Summary |
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Judgment of the Court (First Chamber), 18 October 2012
ECLI:EU:C:2012:640 |
|
Joined Cases C-101/11 P and C-102/11 P Neuman and Galdeano del Sel v OHIM and OHIM v José Manuel Baena Grupo
Appeals – Community design – Regulation (EC) No 6/2002 – Articles 6, 25(1)(b) and (e), and 61 – Registered Community design or model representing a seated figure – Earlier Community figurative mark – Different overall impression – Degree of freedom of the designer – Informed user – Scope of judicial review – No statement of reasons
Language of the case: Spanish
| Summary |
|
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Judgment of the Court (Sixth Chamber), 18 October 2012
ECLI:EU:C:2012:641 |
|
Case C-173/11 Football Dataco and Others v Sportradar and Sportradar
Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re‑utilisation – Localisation of the act of re-utilisation
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
| Summary |
|
|
Opinion of Advocate General Cruz Villalón delivered on 21 June 2012
ECLI:EU:C:2012:377 |
|
|
Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:642 |
|
Case C-218/11 Édukövízig and Hochtief Solutions (formerly Hochtief Construction) v Közbeszerzések Tanácsa Közbeszerzési Döntőbizottság
Directive 2004/18/EC – Public works contracts, public supply contracts and public service contracts – Articles 44(2) and 47(1)(b), (2) and (5) – Economic and financial standing of tenderers – Minimum capacity established on the basis of a single accounting indicator – Accounting indicator liable to be influenced by divergences between national laws as regards annual company accounts
Reference for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
| Summary |
|
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Judgment of the Court (Seventh Chamber), 18 October 2012
ECLI:EU:C:2012:643 |
|
Case C‑234/11 TETS Haskovo v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation − VAT − Right of deduction − Contribution in kind − Destruction of property − New buildings – Adjustment
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
|
|
Opinion of Advocate General Kokott delivered on 14 June 2012
ECLI:EU:C:2012:352 |
|
|
Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:644 |
|
Joined Cases C-302/11 to C-305/11 Valenza and Others v Autorità Garante della Concorrenza e del Mercato
Social policy – Directive 1999/70/EC − Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 − Fixed-term employment contracts in the public sector – National Competition Authority – Stabilisation procedure – Recruitment of workers employed for a fixed term as career civil servants without a public competition – Determination of length of service – Complete disregard of periods of service completed under fixed-term employment contracts – Principle of non-discrimination
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
|
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Judgment of the Court (Sixth Chamber), 18 October 2012
ECLI:EU:C:2012:646 |
|
Case C‑371/11 Punch Graphix Prepress Belgium v Belgische Staat
Reference for a preliminary ruling – Admissibility – Reference by domestic law to European Union law – Directive 90/435/EEC – Directive 90/434/EEC – Prevention of economic double taxation – Exception – Liquidation of a subsidiary upon a merger – Distribution of profits – Concept of ‘liquidation’
Reference for a preliminary ruling from the hof van beroep te Gent
Language of the case: Dutch
| Summary |
|
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Judgment of the Court (Seventh Chamber), 18 October 2012
ECLI:EU:C:2012:647 |
|
Case C‑402/11 P Jager & Polacek v OHIM
Appeal – Community trade mark – Opposition – Regulation (EC) No 2868/95 – Rule 18(1) – Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible – Right to an effective legal remedy
Language of the case: German
| Summary |
|
|
Opinion of Advocate General Bot delivered on 5 July 2012
ECLI:EU:C:2012:424 |
|
|
Judgment of the Court (Second Chamber), 18 October 2012
ECLI:EU:C:2012:649 |
|
Case C‑428/11 Purely Creative and Others v Office of Fair Trading
Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind
Reference for a preliminary ruling from the la Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
|
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Judgment of the Court (Sixth Chamber), 18 October 2012
ECLI:EU:C:2012:651 (Rectification of the judgment: Order of 26 October 2012) |
|
Case C‑525/11 Mednis v Valsts ieņēmumu dienests
VAT – Directive 2006/112/EC – Article 183 – Conditions for the refund of the excess VAT – National legislation deferring the refund of part of the excess VAT pending examination of the taxable person’s annual tax return – Principles of fiscal neutrality and proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
|
|
Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:652 |
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Case C-300/10 Marques Almeida v Companhia de Seguros Fidelidade and Others
Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 84/5/EEC – Article 2(1) – Directive 90/232/EEC – Article 1 – Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles – Civil liability of the insured person – Victim’s contribution to loss or injury – Limitation of the right to compensation
Reference for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
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Opinion of Advocate General Trstenjak delivered on 5 July 2012
ECLI:EU:C:2012:414 |
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Judgment of the Court (Grand Chamber), 23 October 2012
ECLI:EU:C:2012:656 |
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Joined Cases C‑581/10 and C‑629/10 Nelson and Others v Deutsche Lufthansa and Civil Aviation Authority
Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility
References for a preliminary ruling from the Amtsgericht Köln (Germany) and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)
Languages of the case: German and English
| Summary |
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Opinion of Advocate General Bot delivered on 15 May 2012
ECLI:EU:C:2012:295 |
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Judgment of the Court (Grand Chamber), 23 October 2012
ECLI:EU:C:2012:657 |
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Case C‑557/10 Commission v Portugal
Failure of a Member State to fulfil obligations – Transport – Development of the Community’s railways – Directive 91/440/EEC – Article 5(3) – Rail transport undertakings – Freedom of management – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to the infrastructure manager – Directive 2001/14/EC – Article 6(1) – Balancing the accounts – Appropriate conditions – Incomplete transposition
Language of the case: Portuguese
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:529 |
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Judgment of the Court (First Chamber), 25 October 2012
ECLI:EU:C:2012:662 |
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Case C-133/11 Folien Fischer and Fofitec v Ritrama
Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Jääskinen delivered on 19 April 2012
ECLI:EU:C:2012:226 |
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Judgment of the Court (First Chamber), 25 October 2012
ECLI:EU:C:2012:664 |
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Joined Cases C-318/11 and C-319/11 Daimler and Widex v Skatteverket
Common system of value added tax – Directive 2006/112/EC – Articles 170 and 171 – Eighth VAT Directive – Article 1 – Directive 2008/9/EC – Article 3(a) – Arrangements for the refund of value added tax to taxable persons not established in the territory of the country – Taxable persons established in one Member State and carrying out in another Member State only technical testing or research activities
References for a preliminary ruling from the Förvaltningsrätten i Falun
Language of the case: Swedish
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Judgment of the Court (Eighth Chamber), 25 October 2012
ECLI:EU:C:2012:666 |
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Case C‑367/11 Prete v Office national de l'emploi
Freedom of movement for persons – Article 39 EC – National of a Member State seeking employment in another Member State – Equal treatment – Tideover allowance for young persons seeking their first job – Grant subject to completion of at least six years’ studies in the host State
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
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Opinion of Advocate General Cruz Villalón delivered on 19 July 2012
ECLI:EU:C:2012:501 |
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Judgment of the Court (Fourth Chamber), 25 October 2012
ECLI:EU:C:2012:668 |
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Case C‑387/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – Taxation of income from capital and movable property – Resident and non-resident investment companies – Withholding tax – Setting off of withholding tax – Exemption of income from capital and movable property – Discrimination – Justifications
Language of the case: French
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Judgment of the Court (First Chamber), 25 October 2012
ECLI:EU:C:2012:670 |
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Case C‑553/11 Rintisch v Eder
Trade marks – Directive 89/104/EEC – Article 10(1) and (2)(a) – Genuine use – Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark – Temporal effects of a judgment
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Third Chamber), 25 October 2012
ECLI:EU:C:2012:671 |
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Case C‑557/11 Kozak v Dyrektor Izby Skarbowej w Lublinie
VAT – Directive 2006/112/EC – Articles 306 to 310 – Special scheme for travel agents – Transport services carried out by travel agents acting in their own name – Concept of single service – Article 98 – Reduced VAT rate
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Sixth Chamber), 25 October 2012
ECLI:EU:C:2012:672 |
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Case C‑592/11 Anssi Ketelä
Agriculture – Regulations (EC) No 1698/2005 and 1974/2006 – Setting up aid for young farmers – Conditions for grant – Setting up for the first time on an agricultural holding as head of the holding – Conditions governing applicability where the person concerned sets up using a legal person
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Judgment of the Court (Eighth Chamber), 25 October 2012
ECLI:EU:C:2012:673 |
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Information (on unpublished decisions)
Case C‑649/11 P Cooperativa Vitivinícola Arousana v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA
Case C‑391/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Directive 2000/53/EC – Article 2(3) – Protection of the environment – End-of-life vehicles – Notion of producer
Case C‑403/11 Commission v Spain
Failure of Member State to fulfil obligations – Directive 2000/60/EC – River basin management plans – Publication and reporting to the Commission – Public information and consultation – Failure to undertake
Case C‑502/11 Vivaio dei Molini Azienda Agricola Porro Savoldi v Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture
Public works contracts – Directive 93/37/EEC – Article 6 – Principles of equal treatment and openness – Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) – Institutional and statutory objectives – Agricultural undertakings
Case C‑559/11 Pelckmans Turnhout v Walter Van Gastel Balen and Others
Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure – Directive 2005/29/EC – Unfair commercial practices – National legislation prohibiting the opening of an establishment seven days a week
Case C‑597/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of a tender – Obligation to state reasons – Regulation (EC, Euratom) No 1605/2002 – Article 89 – Regulation (EC, Euratom) No 2342/2002 – Articles 140 and 141 – Period allowed for the receipt of tenders – Period allowed for the submission of requests for information
Case C‑629/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of the tender – Obligation to state the reasons on which the decision is based – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Time-limit for replying to a request for information – Regulation (EC, Euratom) No 2342/2002 – Article 149(2
Case C‑669/11 ED et F Man Alcohols v Viniflhor
Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Scope ratione materiae – Meaning of ‘detriment to the financial interests of the European Union’ – Individual invitation to tender for the export of vinous alcohol held by intervention agencies – Export of quantities of alcohol outside the European Union after the expiry of the prescribed time-limit – Retention of the performance guarantee – Administrative measures – Administrative penalties – Regulation (EC) No 360/95 – Regulation (EC) No 1623/2000 – Retroactive application of a less severe penalty
Case C‑497/11 P Greece v Commission
Appeal – ERDF – Reduction in financing – Objective 1 operational programme (1994‑1999), ‘Accessibility and Trunk Roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Professional secrecy – Rate of financial correction – Discretion of the Commission – Judicial review
Case C‑611/11 P ara v OHIM
Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – International registration designating the European Community – Figurative mark A with two triangular motifs – Earlier national word mark A – Relative grounds for refusal – No likelihood of confusion
Case C‑31/12 Prokuratura Rejonowa w Zakopanem v Ziemski and Kozak
Reference for a preliminary ruling – No description of the main proceedings – Manifest inadmissibility
Case C‑554/11 P Internationaler Hilfsfonds v Commission
Appeal – Access to documents – Refusal of full access to documents relating to contract LIEN 97‑2011 – Action for annulment – Fresh examination in the course of proceedings – Bringing a separate annulment action
Case C‑252/11 Šujetová v Rapid life životná poisťovňa
Reference for a preliminary ruling — No need to adjudicate
Case C‑164/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period
Case C‑168/12 P(R) Hassan v Council
Appeal – Application for interim measures – Restrictive measures against Syria – Freezing of funds and economic resources – Application for suspension of operation and interim measures – Lack of any urgency
November 2012
Case C‑551/10 P Éditions Odile Jacob v Commission
Appeal – Concentrations of undertakings in the book publishing market – Regulation (EEC) No 4064/89 – Nominee holding agreement – Ineffective grounds
Language of the case: French
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Opinion of Advocate General Mazák delivered on 6 March 2012
ECLI:EU:C:2012:125 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:681 |
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Joined Cases C‑553/10 P and C‑554/10 P Commission v Éditions Odile Jacob and Lagardère v Commission
Appeals – Merger of undertakings in the book publishing market – Annulment of the decision to approve an investment company as the purchaser of the assets sold – Significance of a trustee’s possible lack of independence
Language of the case: French
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Opinion of Advocate General Mazák delivered on 27 March 2012
ECLI:EU:C:2012:173 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:682 |
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Case C‑199/11 Europese Gemeenschap v Otis and Others
Representation of the European Union before national courts — Articles 282 EC and 335 TFEU — Claim for damages in respect of loss caused to the European Union by a cartel — Article 47 of the Charter of Fundamental Rights of the European Union — Right to fair hearing — Right of access to a tribunal — Equality of arms — Article 16 of Regulation No 1/2003
Reference for a preliminary ruling from the rechtbank van koophandel te Brussel
Language of the case: Dutch
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Opinion of Advocate General Cruz Villalón delivered on 26 June 2012
ECLI:EU:C:2012:388 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:684 |
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Case C‑245/11 K v Bundesasylamt
Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Humanitarian clause – Article 15 of that regulation – Person who enjoys asylum in a Member State and is dependent on the assistance of an asylum seeker because she suffers from a serious illness – Article 15(2) of the regulation – Obligation on that Member State, which is not responsible according to the criteria laid down in Chapter III of that regulation, to examine the application for asylum made by that asylum seeker – Conditions
Reference for a preliminary ruling from the Asylgerichtshof
Language of the case: German
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Opinion of Advocate General Trstenjak delivered on 27 June 2012
ECLI:EU:C:2012:389 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:685 |
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Case C‑286/12 Commission v Hungary
Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period
Language of the case: Hungarian
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View of Advocate General Kokott delivered on 2 October 2012
ECLI:EU:C:2012:602 |
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Judgment of the Court (First Chamber), 6 November 2012..
ECLI:EU:C:2012:687 |
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Case C‑342/10 Commission v Finland
Failure of a Member State to fulfil obligations — Free movement of capital — Article 63 TFEU — EEA Agreement — Article 40 — Taxation of dividends paid to non-resident pension funds
Language of the case: Finnish
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Opinion of Advocate General Sharpston delivered on 19 July 2012
ECLI:EU:C:2012:474 |
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Judgment of the Court (Fourth Chamber), 8 November 2012
ECLI:EU:C:2012:688 |
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Case C‑511/10 Finanzamt Hildesheim v BLC Baumarkt
Sixth VAT Directive — Article 17(5), third subparagraph — Right to deduct input VAT — Goods and services used both for taxable transactions and exempt operations — Rental of a building for commercial and habitation purposes — Criteria for calculation prorata deduction of VAT
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 April 2012
ECLI:EU:C:2012:245 |
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Judgment of the Court (First Chamber), 8 November 2012
ECLI:EU:C:2012:689 |
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Case C‑40/11 Iida v Stadt Ulm
Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union citizen in the host Member State and remaining in the citizen’s Member State of origin – Right of residence of a third-country national in the Member State of origin of a citizen residing in another Member State – Citizenship of the Union – Fundamental rights
Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German