Case C-250/08. Commission v Belgium
Failure of a Member State to fulfil obligations - Free movement of persons - Purchase of immovable property intended as a new principal residence - Calculation of a tax advantage - Registration duties - Cohesion of the tax system.
Language of the case: Dutch

Case C-253/09. Commission v Hungary
Failure of a Member State to fulfil obligations - Freedom of movement for persons - Freedom of establishment - Purchase of property for use as a new principal residence - Establishing the basis of assessment for the tax levied on the purchase of real property - Deduction of the value of the residence sold from the value of the residence purchased - Exclusion of that deduction if the property sold is not situated within the national territory.
Language of the case: Hungarian

Joined cases C-446/09 and C-495/09. Philips and Nokia v Lucheng Meijing Industrial and Others
Common commercial policy - Combating the entry into the European Union of counterfeit and pirated goods - Regulations (EC) No 3295/94 and No 1383/2003 - Customs warehousing and external transit of goods from non-member States which constitute imitations or copies of goods protected in the European Union by intellectual property rights - Action by the authorities of the Member States - Conditions.
References for a preliminary ruling: Rechtbank van eerste aanleg te Antwerpen - Belgium (C-446/09) and Court of Appeal (England & Wales) (Civil Division) - United Kingdom (C-495/09).
Languages of the case: Dutch and English

Case C-79/10. Systeme Helmholz v Hauptzollamt Nürnberg
Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Use of an aircraft for other than commercial purposes - Scope.
Reference for a preliminary ruling: Bundesfinanzhof - Germany.
Language of the case: German

Case C-145/10. Painer v Standard Verlags and Others
Jurisdiction in civil matters - Regulation (EC) No 44/2001 - Article 6(1) - More than one defendant - Directive 93/98/EEC - Article 6 - Protection of photographs - Directive 2001/29/EC - Article 2 - Reproduction - Use of a portrait photograph as a template to establish a photo-fit - Article 5(3)(d) - Exceptions and limitations as regards quotations - Article 5(3)(e) - Exceptions and limitations for the purposes of public security - Article 5(5).
Reference for a preliminary ruling: Handelsgericht Wien - Austria.
Language of the case: German

Case C-442/10. Churchill Insurance Company and Evans v Wilkinson and Equity Claims Limited
Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 84/5/EEC -Article 1(4) and Article 2(1) - Third parties victims of an accident - Express or implied authorisation to drive - Directive 90/232/EEC - First subparagraph of Article 1 - Directive 2009/103/EC - Articles 10, 12(1) and 13(1) - Victim of a road traffic accident who was a passenger in a vehicle in respect of which he was insured to drive - Vehicle driven by a person not insured under the insurance policy - Insured victim not deprived of insurance cover.
Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.
Language of the case: English

Case C-492/10. Immobilien Linz v Finanzamt Freistadt Rohrbach Urfahr
Taxation - Directive 69/335/EEC - Indirect taxes - Raising of capital - Article 4(2)(b) - Transactions subject to capital duty - Increase in the assets of a company - Contribution made by a member - Absorption of losses by virtue of an undertaking given before the losses were sustained.
Reference for a preliminary ruling: Unabhängiger Finanzsenat, Außenstelle Linz - Austria.
Language of the case: German

Case C-329/11. Achughbabian v Préfet du Val-de-Marne
Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine.
Reference for a preliminary ruling: Cour d'appel de Paris - France.
Language of the case: French

Case C-371/08. Ziebell v Land Baden-Württemberg
EEC-Turkey Association Agreement - Freedom of movement for workers - Second indent of first paragraph of Article 7 and Article 14(1) of Decision No 1/80 of the Association Council - Directives 64/221/EEC, 2003/109/EC and 2004/38/EC - Right of residence of a Turkish national born in the territory of a Member State and having resided there for more than 10 years without interruption as the child of a Turkish worker - Convictions for criminal offences - Lawfulness of an expulsion decision - Conditions.
Reference for a preliminary ruling: Verwaltungsgerichtshof Baden-Württemberg - Germany.
Language of the case: German

Case C-272/09 P. KME (anciennement KME Germany) and Others v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English

Case C-81/10 P. France Télécom v Commission
Appeal - State aid - France Télécom’s business tax regime - Concept of ‘aid’ - Legitimate expectations - Limitation period - Obligation to state reasons - Principle of legal certainty.
Language of the case: French

Case C-125/10. Merck Sharp & Dohme (anciennement Merck & Co. Inc.) v Deutsches Patent- und Markenamt
Intellectual and industrial property - Patents - Regulation (EEC) No 1768/92 - Article 13 - Supplementary protection certificate for medicinal products - Possibility of granting that certificate where the period that has elapsed between the date of the lodging of the basic patent application and the first marketing authorisation in the European Union is less than five years - Regulation (EC) No 1901/2006 - Article 36 - Extension of the duration of the supplementary protection certificate.
Reference for a preliminary ruling: Bundespatentgericht - Germany.
Language of the case: German

Case C-157/10. Banco Bilbao Vizcaya Argentaria v Administración General del Estado
Free movement of capital - Corporation tax - Convention for the avoidance of double taxation - Prohibition of deducting tax due but not recovered in another Member State.
Reference for a preliminary ruling: Tribunal Supremo - Spain.
Language of the case: Spanish

Case C-275/10. Residex Capital IV v Gemeente Rotterdam
Article 88(3) EC - State aid - Aid granted in the form of a guarantee to a lender for the purpose of enabling the latter to grant a loan to a borrower - Infringement of procedural rules - Obligation to recover - Nullity - Powers of the national court.
Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.
Language of the case: Dutch

Case C-386/10 P. Chalkor v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English

Case C-389/10 P. KME Germany and Others v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English

Case C-119/10. Frisdranken Industrie Winters v Red Bull
Trade marks - Directive 89/104/EEC - Article 5(1)(b) - Filling of cans already bearing a sign similar to a trade mark - Service provided under an order from and on the instructions of another person - Action taken by trade-mark proprietor against the service provider.
Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.
Language of the case: Dutch

Case C-191/10. Rastelli Davide e C. v Hidoux
Regulation (EC) No 1346/2000 - Insolvency proceedings - International jurisdiction - Extension of insolvency proceedings opened in respect of a company established in one Member State to a company whose registered office is in another Member State because the property of the two companies has been intermixed.
Reference for a preliminary ruling: Cour de cassation - France.
Language of the case: French

Case C-257/10. Försäkringskassan v Bergström
Migrant workers - Social security - Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Regulation (EEC) No 1408/71 - National of a Member State who has been pursuing a professional activity in Switzerland - Return to country of origin.
Reference for a preliminary ruling: Högsta förvaltningsdomstolen (anciennement Regeringsrätten) - Sweden.
Language of the case: Swedish

Case C-384/10. Voogsgeerd v Navimer
Rome Convention on the law applicable to contractual obligations - Contract of employment - Choice made by the parties - Mandatory rules of the law applicable in the absence of choice - Determination of that law - Employee carrying out his work in more than one Contracting State.
Reference for a preliminary ruling: Hof van Cassatie - Belgium.
Language of the case: Dutch

Case C-409/10. Hauptzollamt Hamburg-Hafen v Afasia Knits Deutschland
Common commercial policy - Preferential regime for the importation of products originating in the African, Caribbean and Pacific (ACP) States - Irregularities detected during an investigation carried out by the European Anti-Fraud Office (OLAF) in the exporting ACP State - Post-clearance recovery of the import duties.
Reference for a preliminary ruling: Bundesfinanzhof - Germany.
Language of the case: German

Case C-427/10. Banca Antoniana Popolare Veneta v Ministero dell'Economia e delle Finanze and Agenzia delle Entrate
VAT - Recovery of VAT paid but not due - National legislation under which actions may be brought for the recovery of sums paid but not due, before different courts and subject to different time-limits, depending on whether the claimant is the recipient of the services or their supplier - Possibility for the recipient to claim a VAT refund from the supplier after the expiry of the time-limits within which the supplier is able to bring an action against the tax authority - Principle of effectiveness.
Reference for a preliminary ruling: Corte suprema di cassazione - Italy.
Language of the case: Italian

Case C-585/10. Møller v Haderslev Kommune
Integrated pollution prevention and control - Directive 96/61/EC - Annex I, subheading 6.6(c) - Installations for the intensive rearing of pigs with more than 750 places for sows - Inclusion or non-inclusion of places for gilts.
Reference for a preliminary ruling: Vestre Landsret - Denmark.
Language of the case: Danish

Case C-27/09 P. France v Council
Appeal - Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSC - Regulation (EC) No 2580/2001 - Freezing of funds applicable to a group included in a list drawn up, revised and amended by the Council of the European Union - Rights of the defence.
Language of the case: English

Case C-28/09. Commission v Austria
Failure of a Member State to fulfil obligations - Articles 28 EC and 29 EC - Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports and exports - Transport - Directives 96/62/EC and 1999/30/EC - Sectoral traffic prohibition for lorries of over 7.5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Principle of proportionality - Consistency.
Language of the case: German

Case C-271/09. Commission v Poland
Failure of a Member State to fulfil obligations - Free movement of capital - Scope - Open pension funds - Limitation on the investment of capital assets outside the Member State concerned - Proportionality.
Language of the case: Polish

Case C-242/10. Enel Produzione v Autorità per l'energia elettrica e il gas
Directive 2003/54/EC - Internal market in electricity - Electricity generating installations essential to the operation of the electricity system - Obligation to submit tenders on the national electricity exchange market in accordance with the limits and criteria laid down by the electricity transmission and distribution system operator - Dispatching and balancing service - Public service obligations.
Reference for a preliminary ruling: Tribunale amministrativo regionale per la Lombardia - Italy.
Language of the case: Italian

Case C-316/10. Danske Svineproducenter v Justitsministeriet
Second paragraph of Article 288 TFEU - Regulation (EC) No 1/2005 - Protection of animals during transport - Transport by road of domestic animals of the porcine species - Minimum height of compartments - Inspection during a journey - Loading density - Right of Member States to adopt detailed standards.
Reference for a preliminary ruling: Vestre Landsret - Denmark.
Language of the case: Danish

Case C-366/10. The Air Transport Association of America and Others v The Secretary of State for Energy and Climate Change
Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Directive 2008/101/EC - Inclusion of aviation activities in that scheme - Validity - Chicago Convention - Kyoto Protocol - EU-United States Air Transport Agreement - Principles of customary international law - Legal effects thereof - Whether they may be relied upon - Extraterritoriality of European Union law - Meaning of ‘charges’, ‘fees’ and ‘taxes’.
Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) - United Kingdom.
Language of the case: English

Joined cases C-411/10 and C-493/10. NS and Others v Secretary of State for the Home Department and Others
European Union law - Principles - Fundamental rights - Implementation of European Union law - Prohibition of inhuman or degrading treatment - Common European Asylum System - Regulation (EC) No 343/2003 - Concept of ‘safe countries’ - Transfer of an asylum seeker to the Member State responsible - Obligation - Rebuttable presumption of compliance, by that Member State, with fundamental rights.
References for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom and High Court of Ireland - Ireland.
Language of the case: English

Joined cases C-424/10 and C-425/10. Ziolkowski and Szeja v Das Land Berlin
Freedom of movement for persons - Directive 2004/38/EC - Right of permanent residence - Article 16 - Legal residence - Residence based on national law - Period of residence completed before the accession to the European Union of the State of origin of the citizen concerned.
References for a preliminary ruling: Bundesverwaltungsgericht - Germany.
Language of the case: German

Case C-465/10. Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration v Chambre de commerce et d'industrie de l'Indre
Reference for a preliminary ruling - Protection of the European Union’s financial interests - Regulation (EC, Euratom) No 2988/95 - Article 3 - Structural Funds - Regulation (EEC) No 2052/88 - Regulation (EEC) No 4253/88 - Contracting authority in receipt of a subsidy from the Structural Funds - Failure to comply with public procurement rules by the recipient of an ERDF subsidy - Basis for the obligation to recover European Union subsidies in the case of an irregularity - Concept of ‘irregularity’ - Concept of ‘continuous irregularity’ - Conditions for recovery - Limitation period - Longer national limitation periods - Principle of proportionality.
Reference for a preliminary ruling: Conseil d'État - France.
Language of the case: French

Case C-482/10. Cicala v Regione Siciliana
National administrative procedure - Administrative acts - Obligation to state reasons - Possibility of failure to state reasons being remedied during legal proceedings against an administrative act - Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union - Lack of jurisdiction of the Court.
Reference for a preliminary ruling: Corte dei Conti - sezione giurisdizionale per la Regione Siciliana - Italy.
Language of the case: Italian

Case C-495/10. Centre hospitalier universitaire de Besançon v Dutrueux and Caisse primaire d'assurance maladie du Jura
Directive 85/374/EEC - Liability for defective products - Scope - National rules requiring public healthcare establishments to pay compensation, even when they are not at fault, for damage sustained by a patient as a result of the failure of equipment or products used in the course of treatment.
Reference for a preliminary ruling: Conseil d'État - France.
Language of the case: French

Case C-499/10. Vlaamse Oliemaatschappij v FOD Financiën
Sixth VAT Directive - Persons liable to pay tax - Third party jointly and severally liable - Warehousing arrangements other than customs warehousing - Joint and several liability of the warehouse-keeper of the goods and the taxable person who owns the goods - Good faith or lack of fault or negligence of the warehouse-keeper.
Reference for a preliminary ruling: Rechtbank van eerste aanleg te Brugge - Belgium.
Language of the case: Dutch

Case C-503/10. Evroetil v Direktor na Agentsia "Mitnitsi"
Directive 2003/30/EC - Article 2(2)(a) - Concept of bioethanol - Product obtained from biomass, undenatured and with an ethyl alcohol content of over 98.5% - Relevance of actual use as a biofuel - Regulation (EEC) No 2658/87 - Combined Nomenclature - Tariff classification of bioethanol for the purpose of collecting excise duties - Directive 2003/96/EC - Energy products - Directive 92/83/EEC - First indent of Article 20 and Article 27(1)(a) and (b) - Concept of ethyl alcohol - Exemption from the harmonised duty - Denaturing.
Reference for a preliminary ruling: Varhoven administrativen sad - Bulgaria.
Language of the case: Bulgarian

Case C-507/10. X v Y
Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Protection of vulnerable persons - Hearing of minors as witnesses - Special measure for early taking of evidence - Refusal by the Public Prosecutor to request the judge in charge of preliminary investigations to hear a witness.
Reference for a preliminary ruling: Tribunale di Firenze - Italy.
Language of the case: Italian

Case C-72/11. Der Generalbundesanwalt beim Bundesgerichtshof v Afrasiabi and Others
Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Regulation (EC) No 423/2007 - Article 7(3) and (4) - Supply and installation of a sintering furnace in Iran - Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation - Concept of ‘circumvention’ of the prohibition on making that resource available.
Reference for a preliminary ruling: Oberlandesgericht Düsseldorf - Germany.
Language of the case: German

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

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

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

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

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

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

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