list of important judgements court of justice

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Interactive EU Tests & Preparatory Material www.eutests.eu LIST OF IMPORTANT JUDGEMENTS OF THE ECJ AND THE CFI (2001-2009) 2009 No 74/2009 : 10 September 2009 Judgment of the Court of Justice in Case C-76/08 Commission / Malta Environment and consumers BY AUTHORISING SPRING HUNTING OF QUAILS AND TURTLE DOVES FROM 2004 TO 2007, MALTA HAS FAILED TO COMPLY WITH THE WILD BIRDS DIRECTIVE No 73/2009 : 9 September 2009 Judgment of the Court of First Instance in joined cases T-30/01 Diputación Foral de Álava / Commission State aid THE COURT OF FIRST INSTANCE UPHOLDS THE COMMISSION DECISIONS CONSIDERING CERTAIN BASQUE TAX RELIEF MEASURES TO BE STATE AID INCOMPATIBLE WITH THE COMMON MARKET No 72/2009 : 9 September 2009 Judgment of the Court of First Instance in Case T-301/04 Clearstream / Commission Competition THE COURT OF FIRST INSTANCE DISMISSES THE ACTION BROUGHT AGAINST THE COMMISSION’S DECISION FINDING THAT CLEARSTREAM UNLAWFULLY REFUSED TO PROVIDE CERTAIN FINANCIAL SERVICES TO EUROCLEAR No 71/2009 : 8 September 2009 Judgment of the Court of Justice in Case C-478/07 Agriculture THE DESIGNATION ‘BUD’ CANNOT BE PROTECTED AS A DESIGNATION OF ORIGIN OUTSIDE THE COMMUNITY SYSTEM OF PROTECTION No 70/2009 : 8 September 2009 Judgment of the Court of Justice in Case C-42/07 Liga Portuguesa de Futebol Profissional et Baw International Freedom to provide services THE PROHIBITION WHICH PORTUGUESE LEGISLATION IMPOSES ON OPERATORS SUCH AS BWIN OF OFFERING GAMES OF CHANCE VIA THE INTERNET MAY BE REGARDED AS COMPATIBLE WITH THE FREEDOM TO PROVIDE SERVICES No 69/2009 : 3 September 2009 Judgment of the Court of Justice in Case C-489/07

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Page 1: List of Important Judgements Court of Justice

Interactive EU Tests & Preparatory Materialwww.eutests.eu

LIST OF IMPORTANT JUDGEMENTS OF THE ECJ AND THE CFI (2001-2009)

2009

No 74/2009 : 10 September 2009Judgment of the Court of Justice in Case C-76/08Commission / MaltaEnvironment and consumersBY AUTHORISING SPRING HUNTING OF QUAILS AND TURTLE DOVES FROM 2004 TO 2007, MALTA HAS FAILED TO COMPLY WITH THE WILD BIRDS DIRECTIVE

No 73/2009 : 9 September 2009Judgment of the Court of First Instance in joined cases T-30/01Diputación Foral de Álava / CommissionState aidTHE COURT OF FIRST INSTANCE UPHOLDS THE COMMISSION DECISIONS CONSIDERING CERTAIN BASQUE TAX RELIEF MEASURES TO BE STATE AID INCOMPATIBLE WITH THE COMMON MARKET

No 72/2009 : 9 September 2009Judgment of the Court of First Instance in Case T-301/04Clearstream / CommissionCompetitionTHE COURT OF FIRST INSTANCE DISMISSES THE ACTION BROUGHT AGAINST THE COMMISSION’S DECISION FINDING THAT CLEARSTREAM UNLAWFULLY REFUSED TO PROVIDE CERTAIN FINANCIAL SERVICES TO EUROCLEAR

No 71/2009 : 8 September 2009Judgment of the Court of Justice in Case C-478/07AgricultureTHE DESIGNATION ‘BUD’ CANNOT BE PROTECTED AS A DESIGNATION OF ORIGIN OUTSIDE THE COMMUNITY SYSTEM OF PROTECTION

No 70/2009 : 8 September 2009Judgment of the Court of Justice in Case C-42/07Liga Portuguesa de Futebol Profissional et Baw InternationalFreedom to provide servicesTHE PROHIBITION WHICH PORTUGUESE LEGISLATION IMPOSES ON OPERATORS SUCH AS BWIN OF OFFERING GAMES OF CHANCE VIA THE INTERNET MAY BE REGARDED AS COMPATIBLE WITH THE FREEDOM TO PROVIDE SERVICES

No 69/2009 : 3 September 2009Judgment of the Court of Justice in Case C-489/07MessnerApproximation of lawsA CONSUMER WHO EXERCISES HIS RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT MUST NOT BE OBLIGED, IN GENERAL, TO COMPENSATE THE SELLER FOR THE USE OF THE GOODS ACQUIRED

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No 68/2009 : 3 September 2009Judgment of the Court of Justice in Joined Cases C-322/07Papierfabrik August Koehler / CommissionCompetitionTHE COMMISSION’S DECISION CONCERNING A CARTEL ON THE CARBONLESS PAPER MARKET IS ANNULLED IN SO FAR AS IT CONCERNS BOLLORÉ SA

No 67/2009 : 2 September 2009Judgment of the Court of First Instance in joined cases T-37/07El Morabit / CouncilCommon foreign and security policyTHE COURT OF FIRST INSTANCE UPHOLDS THE COUNCIL’S DECISIONS FREEZING THE FUNDS OF MR EL MORABIT

No 66/2009 : 16 July 2009Judgment of the Court of Justice in Case C-168/08COJCSPOUSES HOLDING THE SAME DUAL NATIONALITY IN THE UNION MAY CHOOSE TO INSTITUTE DIVORCE PROCEEDINGS BEFORE THE COURTS OF EITHER OF THE TWO MEMBER STATES CONCERNED

No 64/2009 : 16 July 2009Judgment of the Court of Justice in Case C-440/07Commission / Schneider ElectricCompetitionTHE COURT SETS ASIDE THE JUDGMENT OF THE COURT OF FIRST INSTANCE IN SO FAR AS IT ORDERED THE COMMUNITY TO MAKE GOOD THE LOSS CLAIMED BY SCHNEIDER AS A RESULT OF THE REDUCTION IN THE SALE PRICE OF LEGRAND

No 63/2009 : 9 July 2009Judgment of the Court of First Instance in joined cases T-246/08Melli Bank / CouncilFree movement of capitalTHE COURT OF FIRST INSTANCE UPHOLDS THE COUNCIL'S DECISION FREEZING MELLI BANK'S FUNDS

No 62/2009 : 9 July 2009Judgment of the Court of Justice in Case C-204/08COJCPASSENGERS ON AN INTRA-COMMUNITY FLIGHT MAY BRING THEIR CLAIMS FOR FLAT-RATE COMPENSATION IN THE EVENT OF CANCELLATION BEFORE THE COURT OF THE PLACE OF DEPARTURE OR ARRIVAL OF THE AIRCRAFT

No 61/2009 : 9 July 2009Judgment of the Court of Justice in Case C-511/06 PArcher Daniels Midland / CommissionCompetitionTHE COURT REDUCES THE FINE IMPOSED ON ARCHER DANIELS MIDLAND FROM EUR 39.69 MILLION TO EUR 29.4 MILLION

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No 60/2009 : 8 July 2009Judgment of the Court of First Instance in Case T-28/08Mars / OHIMCommunity Trade MarkTHE SHAPE OF THE BOUNTY CHOCOLATE BAR MAY NOT BE REGISTERED AS A COMMUNITY TRADE MARK

No 59/2009 : 7 July 2009Judgment of the Court of Justice in Case C-369/07Commission / GreeceState aidTHE COURT IMPOSES TWO-FOLD PENALTY ON GREECE FOR NON-RECOVERY OF STATE AID TO OLYMPIC AIRWAYS HELD ILLEGAL IN 2005

No 58/2009 : 2 July 2009Judgment of the Court of Justice in Case C-343/07AgricultureTHE REGISTRATION OF ‘BAYERISCHES BIER’ AS A PROTECTED GEOGRAPHICAL INDICATION IS VALID

No 57/2009 : 30 June 2009Judgment of the Court of First Instance in Case T-435/05Danjaq / OHIMCommunity Trade MarkTHE COURT OF FIRST INSTANCE DISMISSES THE ACTION OF THE OWNER OF THE RIGHTS TO THE ‘JAMES BOND’ FILMS AGAINST REGISTRATION OF THE COMMUNITY TRADE MARK ‘DR. NO’ BY ANOTHER COMPANY

No 55/2009 : 25 June 2009Judgment of the Court of Justice in Case C-14/08COJCEXTRAJUDICIAL DOCUMENTS ISSUED WHERE THERE ARE NO LEGAL PROCEEDINGS, SUCH AS NOTARIAL ACTS, ARE COVERED BY THE INTRA-COMMUNITY SYSTEM FOR THE SERVICE OF DOCUMENTS

No 54/2009 : 18 June 2009Judgment of the Court of Justice in Case C-487/07L'Oréal e.a.Approximation of lawsA TRADE MARK PROPRIETOR MAY PREVENT THE USE OF A COMPARISON LIST PRESENTING THE PRODUCT OF A THIRD PARTY AS AN IMITATION OF ONE OF HIS PRODUCTS

No 53/2009 : 11 June 2009Judgment of the Court of First Instance in Case T-318/01Othman / Council and CommissionCommon foreign and security policyTHE COURT OF FIRST INSTANCE ANNULS THE COUNCIL REGULATION FREEZING OMAR MOHAMMED OTHMAN’S FUNDS

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No 52/2009 : 11 June 2009Judgment of the Court of Justice in Joined Cases C-155/08 & C-157/08XFreedom to provide servicesAN EXTENDED RECOVERY PERIOD WHERE TAXABLE ASSETS WHICH HAVE BEEN CONCEALED FROM THE TAX AUTHORITIES ARE HELD IN ANOTHER MEMBER STATE IS IN ACCORDANCE WITH COMMUNITY LAW

No 51/2009 : 11 June 2009Judgment of the Court of First Instance in joined cases T-114/07 & T-115/07Last Minute Network / OHIMCommunity Trade MarkTHE COURT ANNULS OHIM’S DECISION CONFIRMING THE REGISTRATION OF THE FIGURATIVE COMMUNITY TRADE MARK ‘LAST MINUTE TOUR’

No 50/2009 : 10 June 2009Judgment of the Court of First Instance in Case T-257/04Poland / CommissionNew accessionsTHE COURT OF FIRST INSTANCE DISMISSES THE ACTION BROUGHT BY POLAND AGAINST THE SYSTEM UNDER WHICH CHARGES WERE IMPOSED ON THE NEW MEMBER STATES IN RESPECT OF CERTAIN AGRICULTURAL PRODUCTS

No 49/2009 : 4 June 2009Judgment of the Court of First Instance in Case T-185/07Klein Trademark Trust / OHIMCommunity Trade MarkTHE COURT DISMISSES CALVIN KLEIN’S APPLICATION OPPOSING THE REGISTRATION OF THE TRADE MARK CK CREACIONES KENNYA

No 48/2009 : 4 June 2009Judgment of the Court of Justice in Joined Cases C-22/08 & C-23/08VatsourasPrinciples of Community lawA JOB-SEEKER WHO HAS ESTABLISHED GENUINE LINKS WITH THE LABOUR MARKET OF A MEMBER STATE CAN RECEIVE A BENEFIT OF A FINANCIAL NATURE INTENDED TO FACILITATE ACCESS TO EMPLOYMENT

No 47/2009 : 4 June 2009Judgment of the Court of Justice in Case C-8/08T-Mobile Netherlands e.a.CompetitionA SINGLE MEETING BETWEEN COMPANIES MAY CONSTITUTE A CONCERTED PRACTICE IN BREACH OF COMMUNITY COMPETITION LAW

No 46/2009 : 4 June 2009Judgment of the Court of Justice in Case C-243/08Pannon GSMApproximation of lawsNATIONAL COURTS ARE REQUIRED TO EXAMINE, OF THEIR OWN MOTION, THE UNFAIRNESS OF A TERM CONTAINED IN A CONTRACT CONCLUDED BETWEEN A CONSUMER AND A SELLER OR SUPPLIER

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No 45/2009 : 20 May 2009Judgment of the Court of First Instance in Case T-89/07VIP Car Solutions / ParliamentPublic procurementTHE COURT OF FIRST INSTANCE ANNULS THE PARLIAMENT'S DECISION NOT TO AWARD A CONTRACT FOR THE TRANSPORT OF MEPS TO VIP CAR SOLUTIONS

No 44/2009 : 19 May 2009Judgment of the Court of Justice in Case C-531/06 and in Joined Cases C-171/07 and C-172/07Commission / ItalyFreedom to provide servicesOWNERSHIP AND OPERATION OF PHARMACIES CAN BE RESTRICTED TO PHARMACISTS ALONE

No 43/2009 : 6 May 2009Judgments of the Court of First Instance in cases T-116/04 & T-122/04 & T-127/04Wieland-Werke / CommissionCompetitionTHE COURT OF FIRST INSTANCE CONFIRMS THE COMMISSION'S DECISION CONCERNING A CARTEL IN THE COPPER INDUSTRIAL TUBES MARKET

No 41/2009 : 30 April 2009Judgment of the Court of Justice in Case C-531/07Fachverband der Buch- und MedienwirtschaftFree movement of goodsCOMMUNITY LAW PRECLUDES PROVISIONS SUCH AS THE AUSTRIAN PROVISIONS ON THE OBLIGATION TO SELL BOOKS AT A FIXED PRICE

No 40/2009 : 30 April 2009Judgments of the Court of First Instance in cases T-12/03 & T-13/03 & T-18/03Itochu / CommissionCompetitionTHE COURT OF FIRST INSTANCE REDUCES THE FINES IMPOSED ON THE NINTENDO GROUP AND CDCONTACT DATA TO EUR 119.24 MILLION AND EUR 500 000 RESPECTIVELY AND UPHOLDS THE FINE IMPOSED ON ITOCHU

No 39/2009 : 28 April 2009Judgment of the Court of Justice in Case C-420/07ApostolidesNew accessionsA JUDGMENT OF A COURT IN THE REPUBLIC OF CYPRUS MUST BE RECOGNISED AND ENFORCED BY THE OTHER MEMBER STATES EVEN IF IT CONCERNS LAND SITUATED IN THE NORTHERN PART OF THE ISLAND

No 38/2009 : 28 April 2009Judgment of the Civil Service Tribunal in joined cases F-5/05 & F-7/05Violetti e.a. / CommissionStaff Regulations of OfficialsTHE DECISION BY OLAF TO SEND INFORMATION OBTAINED IN AN INTERNAL EUROPEAN COMMISSION INQUIRY TO THE NATIONAL JUDICIAL AUTHORITIES CONSTITUTES AN ACT ADVERSELY AFFECTING AN OFFICIAL

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No 35/2009 : 23 April 2009Judgment of the Court of Justice in Case C-59/08CopadApproximation of lawsTHE PROPRIETOR OF A TRADE MARK CAN OPPOSE THE RESALE OF HIS LUXURY GOODS BY DISCOUNT STORES

No 34/2009 : 23 April 2009Judgment of the Court of Justice in Case C-544/07RüfflerFreedom of movement for personsCOMMUNITY LAW PRECLUDES THE REFUSAL TO REDUCE INCOME TAX BY THE AMOUNT OF HEALTH INSURANCE CONTRIBUTIONS PAID IN ANOTHER MEMBER STATE

No 33/2009 : 23 April 2009Judgment of the Court of Justice in Case C-509/07ScarpelliEnvironment and consumersWHERE A SUPPLIER FAILS TO PERFORM ITS OBLIGATIONS, CONSUMERS HAVE THE RIGHT TO TERMINATION OF THE CREDIT AGREEMENT AND TO REIMBURSEMENT OF SUMS ALREADY PAID TO THE GRANTOR OF CREDIT

No 32/2009 : 23 April 2009Judgment of the Court of Justice in Case C-357/07TNT Post UKTaxationTHE UNIVERSAL POSTAL SERVICE PROVIDED BY THE ROYAL MAIL IS EXEMPT FROM VAT

No 31/2009 : 23 April 2009Judgment of the Court of Justice in Joined Cases C-261/07 & C-299/07VTB-VABApproximation of lawsCOMMUNITY LAW PRECLUDES NATIONAL LEGISLATION WHICH, WITHOUT TAKING ACCOUNT OF THE SPECIFIC CIRCUMSTANCES, PROHIBITS ANY COMBINED OFFER MADE BY A VENDOR TO A CONSUMER

No 29/2009 : 2 April 2009Judgment of the Court of Justice in Case C-431/07 PBouygues et Bouygues Télécom / CommissionState aidTHE RETROACTIVE REDUCTION OF FEES DUE FROM ORANGE AND SFR FOR 3G LICENCES DOES NOT CONSTITUTE STATE AID

No 28/2009 : 2 April 2009Judgment of the Court of Justice in Case C-202/07 PFrance Télécom / CommissionCompetitionTHE COURT DISMISSES FRANCE TÉLÉCOM’S APPEAL REGARDING ABUSE OF ITS DOMINANT POSITION ON THE FRENCH INTERNET ACCESS MARKET

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No 27/2009 : 2 April 2009Judgment of the Court of Justice in Case C-260/07Pedro IV ServiciosCompetitionA SERVICE STATION AGREEMENT LASTING LONGER THAN FIVE YEARS CANNOT BENEFIT FROM A BLOCK EXEMPTION IF THE SUPPLIER LETS THE SERVICE STATION TO THE RESELLER BUT IS NOT THE OWNER OF BOTH THE STATION AND THE LAND

No 26/2009 : 26 March 2009Judgment of the Court of Justice in Case C-559/07Commission / GreeceSocial policyDIFFERENCES BETWEEN MEN AND WOMEN AS REGARDS PENSIONABLE AGE AND MINIMUM LENGTH OF SERVICE REQUIRED UNDER THE GREEK CIVIL AND MILITARY PENSIONS CODE ARE INCOMPATIBLE WITH COMMUNITY LAW

No 25/2009 : 25 March 2009Judgment of the Court of First Instance in Case T-191/07Anheuser-Busch / OHIMCommunity Trade MarkTHE COURT OF FIRST INSTANCE UPHOLDS OHIM'S DECISION NOT TO REGISTER THE WORD 'BUDWEISER' AS A COMMUNITY TRADE MARK, INTER ALIA FOR BEER, FOR THE AMERICAN BREWER, ANHEUSER-BUSCH

No 22/2009 : 11 March 2009Judgment of the Court of First Instance in Case T-354/05TF1 / CommissionState aidTHE COMMISSION’S DECISION THAT THE FRENCH AUDIOVISUAL LICENCE FEE SYSTEM CONSTITUTES STATE AID COMPATIBLE WITH THE COMMON MARKET IS VALID

No 21/2009 : 10 March 2009Judgment of the Court of Justice in Case C-169/07HartlauerFreedom to provide servicesAUSTRIAN LEGISLATION ON SETTING UP PRIVATE HEALTH INSTITUTIONS IS INCOMPATIBLE WITH COMMUNITY LAW

No 20/2009 : 10 March 2009Judgment of the Court of Justice in Case C-345/06HeinrichLaw governing the institutionsA LIST OF ARTICLES PROHIBITED ON BOARD AEROPLANES CANNOT BE ENFORCED AGAINST INDIVIDUALS IF IT HAS NOT BEEN PUBLISHED

No 19/2009 : 5 March 2009Judgment of the Court of Justice in Case C-388/07The Incorporated Trustees of the National Council on AgeingSocial policyTHE COURT CLARIFIES THE CONDITIONS UNDER WHICH MEMBER STATES MAY AUTHORISE THE DISMISSAL OF WORKERS BY REASON OF RETIREMENT

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No 18/2009 : 5 March 2009Judgment of the Court of Justice in Case C-222/07UTECAFreedom to provide servicesA MEMBER STATE CAN REQUIRE TELEVISION OPERATORS TO EARMARK PART OF THEIR OPERATING REVENUE FOR THE FUNDING OF EUROPEAN CINEMATOGRAPHIC AND TV FILMS

No 16/2009 : 17 February 2009Judgment of the Court of Justice in Case C-552/07AzelvandreEnvironment and consumersTHE RIGHT OF PUBLIC ACCESS TO INFORMATION APPLIES TO RELEASES OF GENTEICALLY MODIFIED ORGANISMS

No 15/2009 : 17 February 2009Judgment of the Court of Justice in Case C-465/07VISAAN APPLICANT FOR SUBSIDIARY PROTECTION DOES NOT NECESSARILY HAVE TO PROVE THAT HE IS SPECIFICALLY TARGETED IN HIS COUNTRY OF ORIGIN BY REASON OF FACTORS PARTICULAR TO HIS CIRCUMSTANCES

No 13/2009 : 10 February 2009Judgment of the Court of Justice in Case C-185/07COJCA COURT OF A MEMBER STATE MAY NOT MAKE AN ORDER TO RESTRAIN A PERSON FROM COMMENCING CIVIL PROCEEDINGS BEFORE A COURT OF ANOTHER MEMBER STATE, EVEN IF SUCH PROCEEDINGS MAY BE CONTRARY TO AN ARBITRATION AGREEMENT

No 12/2009 : 10 February 2009Judgment of the Court of First Instance in Case T-388/03Deutsche Post et DHL International / CommissionState aidTHE COURT OF FIRST INSTANCE ANNULS THE COMMISSION DECISION APPROVING A CAPITAL INJECTION OF EUR 297.5 MILLION FOR BELGIAN POSTAL OPERATOR, LA POSTE

No 11/2009 : 10 February 2009Judgment of the Court of Justice in Case C-301/06Ireland / Parlement et ConseilApproximation of lawsTHE DATA RETENTION DIRECTIVE IS FOUNDED ON AN APPROPRIATE LEGAL BASIS

No 6/2009 : 29 January 2009Judgment of the Court of Justice in Case C-311/06Consiglio Nazionale degli IngegneriFreedom of movement for personsTHE MERE APPROVAL BY ONE MEMBER STATE OF A QUALIFICATION AWARDED BY ANOTHER MEMBER STATE DOES NOT CONSTITUTE A 'DIPLOMA' GIVING ACCESS TO A REGULATED PROFESSION IN THE LATTER STATE

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No 5/2009 : 27 January 2009Judgment of the Court of Justice in Case C-318/07PerscheFree movement of capitalA TAX DEDUCTION FOR GIFTS TO CHARITABLE BODIES MUST NOT BE RESTRICTED TO BODIES ESTABLISHED IN THE NATIONAL TERRITORY

No 4/2009 : 20 January 2009Judgment of the Court of Justice in Joined Cases C-350/06 & C-520/06Schultz - HoffSocial policyA WORKER DOES NOT LOSE HIS RIGHT TO PAID ANNUAL LEAVE WHICH HE HAS BEEN UNABLE TO EXERCISE BECAUSE OF SICKNESS

No 2/2009 : 15 January 2009Judgment of the Court of Justice in Case C-502/07K-1TaxationCOMMUNITY LAW DOES NOT PRECLUDE AN ADMINISTRATIVE PENALTY WHICH MAY BE IMPOSED ON PERSONS LIABLE TO VAT

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2008

No 100/2008 : 22 December 2008Judgment of the Court of Justice in Case C-549/07TransportAN AIR CARRIER MAY NOT AS A GENERAL RULE REFUSE TO PAY COMPENSATION TO PASSENGERS FOLLOWING THE CANCELLATION OF A FLIGHT ON ACCOUNT OF TECHNICAL PROBLEMS IN THE AIRCRAFT

No 99/2008 : 18 December 2008Judgments of the Court of First Instance in cases T-211/04 & T-215/04Government of Gibraltar / CommissionState aidTHE COURT OF FIRST INSTANCE ANNULS THE COMMISSION DECISION ACCORDING TO WHICH THE PROPOSED REFORM OF CORPORATE TAX IN GIBRALTAR CONSTITUTES UNLAWFUL STATE AID

No 97/2008 : 17 December 2008Judgment of the Court of First Instance in Case T-196/04Ryanair / CommissionState aidTHE COURT OF FIRST INSTANCE ANNULS THE COMMISSION’S DECISION ON ADVANTAGES GRANTED BY THE WALLOON REGION AND BY CHARLEROI AIRPORT TO RYANAIR

No 96/2008 : 16 December 2008Judgment of the Court of Justice in Case C-205/07Gysbrechts et Santurel InterFree movement of goods

No 95/2008 : 16 December 2008Judgment of the Court of First Instance in joined cases T-225/06, T-255/06, T-257/06 & T-309/06Budějovický Budvar / OHIMCommunity Trade MarkTHE COURT OF FIRST INSTANCE ANNULS OHIM’S DECISIONS ON THE REGISTRATION AS A COMMUNITY TRADE MARK OF THE SIGN ‘BUD’ FOR BEER ETC

No 93/2008 : 16 December 2008Judgment of the Court of Justice in Case C-73/07Satakunnan Markkinapörssi et SatamediaApproximation of lawsTHE COURT OF JUSTICE DEFINES THE RELATIONSHIP BETWEEN DATA PROTECTION AND THE FREEDOM OF THE PRESS

No 92/2008 : 16 December 2008Judgment of the Court of Justice in Case C-213/07MichanikiApproximation of lawsCOMMUNITY LAW LISTS EXHAUSTIVELY THE GROUNDS FOR EXCLUSION FROM PARTICIPATION IN A PUBLIC WORKS CONTRACT BASED ON A CONTRACTOR’S PROFESSIONAL QUALITIES

No 91/2008 : 16 December 2008Judgment of the Court of Justice in Case C-127/07Arcelor Atlantique et Lorraine e.a.Environment and consumers

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THE DIRECTIVE ESTABLISHING A COMMUNITY SCHEME FOR GREENHOUSE GAS EMISSION ALLOWANCE TRADING DOES NOT BREACH THE PRINCIPLE OF EQUAL TREATMENT

No 90/2008 : 16 December 2008Judgment of the Court of Justice in Case C-524/06HuberCitizenship of the UnionA CENTRALISED REGISTER OF FOREIGN NATIONALS MAY CONTAIN ONLY THOSE DATA WHICH ARE STRICTLY NECESSARY FOR THE APPLICATION OF THE RULES RELATING TO THE RIGHT OF RESIDENCE

No 89/2008 : 16 December 2008Judgment of the Court of Justice in Case C-210/06CartesioFreedom to provide servicesTHE MEMBER STATE OF INCORPORATION CAN PREVENT A COMPANY FROM TRANSFERRING ITS SEAT TO ANOTHER MEMBER STATE OF THE UNION

No 88/2008 : 11 December 2008Judgment of the Court of Justice in Case C-297/07BourquainJustice and Home AffairsPROHIBITION ON BEING TRIED TWICE FOR THE SAME ACTS ALSO APPLIES TO A CONVICTION WHICH COULD NEVER HAVE BEEN DIRECTLY ENFORCED

No 87/2008 : 9 December 2008Judgment of the Court of Justice in Case C-121/07Commission / FranceLaw governing the institutionsTHE COURT ORDERS FRANCE TO PAY A LUMP SUM FOR FAILING TO COMPLY SWIFTLY WITH THE 2004 JUDGMENT OF THE COURT ESTABLISHING ITS FAILURE TO FULFIL OBLIGATIONS CONCERNING GENETICALLY MODIFIED ORGANISMS (GMOS)

No 84/2008 : 4 December 2008Judgment of the Court of First Instance in Case T-284/08People's Mojahedin Organization of Iran / CouncilCommon foreign and security policyTHE COURT ANNULS, FOR THE THIRD TIME, A COUNCIL DECISION FREEZING THE FUNDS OF THE PEOPLE’S MOJAHEDIN ORGANIZATION OF IRAN

No 83/2008 : 1 December 2008Judgment of the Court of Justice in Case C-388/08 PPULeymann et PustovarovJustice and Home AffairsTHE COURT EXPLAINS THE SCOPE OF THE SPECIALTY RULE WHICH STATES THAT A PERSON SURRENDERED UNDER A EUROPEAN ARREST WARRANT FOR THE PURPOSE OF PROSECUTION FOR A CRIMINAL OFFENCE MAY BE PROSECUTED ONLY FOR THAT OFFENCE

No 82/2008 : 28 November 2008Judgment of the Court of First Instance in joined cases T-254/00,T-270/00 & T-277/00Hotel Cipriani / CommissionState aidSOCIAL SECURITY EXEMPTIONS FOR UNDERTAKINGS IN VENICE AND CHIOGGIA CONSTITUTE AID INCOMPATIBLE WITH THE COMMON MARKET

No 80/2008 : 18 November 2008Judgment of the Court of Justice in Case C-158/07Förster

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Freedom of movement for personsTHE COURT STATES UNDER WHAT CONDITIONS STUDENTS FROM OTHER MEMBER STATES ARE ENTITLED TO A MAINTENANCE GRANT

No 79/2008 : 23 October 2008Judgment of the Court of First Instance in Case T-256/07People's Mojahedin Organization of Iran / CouncilCommon foreign and security policyTHE COURT OF FIRST INSTANCE ANNULS DECISION 2007/868 ORDERING THE FREEZING OF THE PEOPLE’S MOJAHEDIN ORGANIZATION OF IRAN’S FUNDS

No 78/2008 : 23 October 2008Judgment of the Court of Justice in Case C-274/05Commission / GreeceFreedom of movement for personsTHE COURT HOLDS THAT THE GREEK RULES ON RECOGNITION OF DIPLOMAS ARE CONTRARY TO COMMUNITY LEGISLATION

No 77/2008 : 22 October 2008Judgment of the Court of First Instance in joined cases T-309/04, T-317/04, T-329/04 & T-336/04TV 2/Danmark / CommissionState aidTHE COURT OF FIRST INSTANCE ANNULS THE COMMISSION’S DECISION REGARDING AID GRANTED BY DENMARK TO TV2

No 76/2008 : 21 October 2008Judgment of the Court of Justice in Joined Cases C-200/07, C-201/07MarraPrivileges and immunitiesTHE COURT OF JUSTICE CLARIFIES THE RULES FOR APPLYING THE IMMUNITY OF MEMBERS OF THE EUROPEAN PARLIAMENT FOR OPINIONS EXPRESSED AND VOTES CAST IN THE COURSE OF THEIR DUTIES

No 75/2008 : 16 October 2008Judgment of the Court of Justice in Case C-253/07Canterbury Hockey Club et Canterbury Ladies Hockey ClubTaxationSERVICES SUPPLIED TO SPORTS CLUBS MAY, SUBJECT TO CERTAIN CONDITIONS, BE EXEMPT FROM VAT

No 74/2008 : 16 October 2008Judgment of the Court of Justice in Case C-527/06RennebergFreedom of movement for personsCALCULATION OF TAXABLE INCOME IN THE MEMBER STATE OF EMPLOYMENT MUST, IN CERTAIN CIRCUMSTANCES, TAKE INTO ACCOUNT NEGATIVE INCOME RELATING TO A DWELLING LOCATED IN THE MEMBER STATE OF RESIDENCE

No 72/2008 : 15 October 2008Judgment of the Court of First Instance in Case T-345/05Mote / ParliamentPrivileges and immunitiesTHE COURT OF FIRST INSTANCE DISMISSES THE APPLICATION FOR ANNULMENT OF THE PARLIAMENT’S DECISION WAIVING THE IMMUNITY OF ONE OF ITS MEMBERS

No 71/2008 : 14 October 2008Judgment of the Court of Justice in Case C-353/06Grunkin et Paul

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Principles of Community lawGERMANY MAY NOT REFUSE TO RECOGNISE THE SURNAMES OF ITS NATIONALS AS ALREADY REGISTERED IN THE MEMBER STATE OF BIRTH AND RESIDENCE

No 67/2008 : 9 October 2008Judgment of the Court of Justice in Case C-304/07Directmedia PublishingApproximation of lawsTHE TRANSFER OF MATERIAL FROM A PROTECTED DATABASE TO ANOTHER DATABASE MAY BE PREVENTED EVEN IF THERE IS NO TECHNICAL PROCESS OF COPYING

No 66/2008 : 8 October 2008Judgments of the Court of First Instance in cases T-68/04, T-69/04 & T-73/04SGL Carbon / CommissionCompetitionTHE COURT OF FIRST INSTANCE CONFIRMS THE COMMISSION’S DECISION REGARDING THE CARTEL ON THE MARKET FOR ELECTRICAL AND MECHANICAL CARBON AND GRAPHITE PRODUCTS

No 65/2008 : 16 September 2008Judgment of the Court of Justice in Joined Cases C-468/06_C-478/06Sot. Lélos kai SiaCompetitionA PHARMACEUTICALS COMPANY IS ABUSING ITS DOMINANT POSITION IF IT REFUSES TO MEET ORDINARY ORDERS BY WHOLESALERS IN ORDER TO PREVENT PARALLEL EXPORTS

No 63/2008 : 11 September 2008Judgment of the Court of Justice in Joined Cases C-428/06-C-434/06Unión General de Trabajadores de la RiojaState aidTHE COURT OF JUSTICE SPECIFIES THE CRITERIA TO BE USED IN ORDER TO DETERMINE WHETHER, IN THE CONTEXT OF STATE AID, A REGIONAL BODY IS INSTITUTIONALLY, PROCEDURALLY AND ECONOMICALLY AUTONOMOUS IN RELATION TO CENTRAL GOVERNMENT

No 62/2008 : 9 September 2008Judgment of the Court of Justice in Joined Cases C-120/06 P & C-121/06 PAgricultureTHE COMMUNITY CANNOT BE CALLED UPON TO MAKE GOOD DAMAGE RESULTING FROM A FAILURE OF ITS INSTITUTIONS TO COMPLY WITH THE WTO AGREEMENTS

No 61/2008 : 9 September 2008Judgment of the Court of First Instance in Case T-212/03MyTravel / CommissionCompetitionTHE COURT OF FIRST INSTANCE REJECTS THE CLAIM FOR DAMAGES BROUGHT BY MYTRAVEL

No 60/2008 : 3 September 2008Judgment of the Court of Justice in Joined Cases C-402/05 P & C-415/05 PKadi / Council and CommissionCommon foreign and security policyTHE COURT ANNULS THE COUNCIL REGULATION FREEZING MR KADI AND AL BARAKAAT’S FUNDS

No 59/2008 : 12 August 2008Judgment of the Court of Justice in Case C-296/08 PPUSantesteban GoicoecheaJustice and Home Affairs

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No 58/2008 : 25 July 2008Judgment of the Court of Justice in Case C-237/07JanecekEnvironment and consumersWHERE THERE IS A RISK THAT THE LIMIT VALUES FOR PARTICULATE MATTER MAY BE EXCEEDED, PERSONS DIRECTLY CONCERNED CAN REQUIRE THE COMPETENT AUTHORITIES TO DRAW UP AN ACTION PLAN

No 57/2008 : 25 July 2008Judgment of the Court of Justice in Case C-127/08Metock e.a.Citizenship of the UnionA NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE

No 56/2008 : 17 July 2008Judgment of the Court of Justice in Case C-500/06Corporación DermoestéticaFreedom to provide servicesLEGISLATION RESUTLING IN A PROHIBITION OF ADVERTISEMENTS FOR MEDICAL AND SURGICAL TREATMENTS ON NATIONAL TELEVISION NETWORKS WHILE AT THE SAME TIME PERMITTING SUCH ADVERTISMENTS ON LOCAL NETWORKS IS CONTRARY TO COMMUNITY LAW

No 55/2008 : 17 July 2008Judgment of the Court of Justice in Case C-132/06Commission / ItalyTaxationTHE COURT OF JUSTICE DECLARES THAT THE ITALIAN TAX AMNESTY FOR VAT IS UNLAWFUL

No 54/2008 : 17 July 2008Judgment of the Court of Justice in Case C-207/07Commission / SpainFreedom to provide servicesBY MAKING THE ACQUISITION OF SHAREHOLDINGS IN UNDERTAKINGS IN THE ENERGY SECTOR AND OF CERTAIN OF THEIR ASSETS SUBJECT TO THE PRIOR APPROVAL OF THE NATIONAL ENERGY COMMISSION, SPAIN HAS INFRINGED COMMUNITY LAW

No 53/2008 : 17 July 2008Judgment of the Court of Justice in Case C-303/06ColemanPrinciples of Community lawCOMMUNITY LAW PROTECTS AN EMPLOYEE WHO HAS SUFFERED DISCRIMINATION ON GROUNDS OF HIS CHILD’S DISABILITY

No 52/2008 : 11 July 2008Judgment of the Court of Justice in Case C-195/08 PPUCOJCTHE FIRST URGENT PRELIMINARY RULING PROCEDURE REQUIRES THE COURT TO CLARIFY COMMUNITY RULES RELATING TO THE RETURN OF A CHILD WRONGFULLY RETAINED IN ANOTHER MEMBER STATE

No 51/2008 : 10 July 2008Judgment of the Court of Justice in Case C-33/07JipaApproximation of laws

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NATIONAL RESTRICTIONS ON THE RIGHT OF FREE MOVEMENT MUST BE BASED ON THE PERSONAL CONDUCT OF CITIZENS AND RESPECT THE PRINCIPLE OF PROPORTIONALITY

No 50/2008 : 10 July 2008Judgment of the Court of Justice in Case C-54/07FerynSocial policyPUBLIC STATEMENTS BY WHICH AN EMPLOYER LETS IT BE KNOWN THAT IT DOES NOT RECRUIT EMPLOYEES OF A PARTICULAR ETHNIC ORIGIN CONSTITUTE DIRECT DISCRIMINATION

No 49/2008 : 10 July 2008Judgment of the Court of Justice in Case C-413/06 PBertelsmann et Sony Corporation of America / ImpalaCompetitionTHE COURT OF JUSTICE SETS ASIDE THE JUDMENT OF THE COURT OF FIRST INSTANCE RELATING TO THE SONY BMG JOINT VENTURE

No 48/2008 : 9 July 2008Judgment of the Court of First Instance in Case T-301/01Alitalia / CommissionState aidTHE COURT OF FIRST INSTANCE CONFIRMS THE COMMISION’S DECISION ON AID FOR THE RESTRUCTURING OF ALITALIA

No 47/2008 : 8 July 2008Judgment of the Court of First Instance in Case T-48/05Franchet et Byk / CommissionStaff Regulations of OfficialsIN HANDING OVER INFORMATION TO THE JUDICIAL AUTHORITIES AND THE PRESS, OLAF AND THE COMMISSION HAVE COMMITTED WRONGFUL ACTS CAPABLE OF RENDERING THE COMMUNITY LIABLE

No 46/2008 : 8 July 2008Judgment of the Court of First Instance in Case T-99/04AC-Treuhand / CommissionCompetitionA CONSULTANCY FIRM WHICH HAS CONTRIBUTED TO THE IMPLEMENTATION OF A CARTEL MAY BE FINED FOR COMPLICITY

No 45/2008 : 8 July 2008Judgments of the Court of First Instance in cases T-50/03, T-52/03, T-53/03, T-54/03Saint-Gobain Gyproc Belgium / CommissionCompetitionTHE COURT OF FIRST INSTANCE UPHOLDS THE DECISION IMPOSING FINES ON KNAUF, LAFARGE AND GYPROC BUT REDUCES THE FINE IMPOSED ON BPB FOR THEIR PARTICIPATION IN A CARTEL ON THE PLASTERBOARD MARKET

No 43/2008 : 1 July 2008Judgment of the Court of Justice in Joined Cases C-39/05 P & C-52/05 PSweden / Conseil e.a.Law governing the institutionsTHE COURT AUTHORISES, IN PRINCIPLE, ACCESS TO LEGAL ADVICE GIVEN TO THE COUNCIL ON LEGISLATIVE QUESTIONS

No 42/2008 : 26 June 2008Judgment of the Court of First Instance in Case T-442/03SIC / Commission

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State aidTHE COURT ANNULS IN PART THE COMMISSION’S DECISION ON CERTAIN MEASURES BY PORTUGAL IN FAVOUR OF RADIOTELEVISÃO PORTUGUESA

No 41/2008 : 26 June 2008Judgment of the Court of Justice in Joined Cases C-329/06 & C-343/06_C-334/06-C-336/06TransportGERMANY MUST IN PRINCIPLE RECOGNISE CZECH DRIVING LICENCES ISUED TO ITS NATIONALS AFTER THEIR GERMAN LICENCES HAVE BEEN WITHDRAWN

No 40/2008 : 25 June 2008Judgment of the Court of First Instance in Case T-268/06Olympiaki Aeroporia Ypiresies / CommissionCompetitionTHE COURT OF FIRST INSTANCE ANNULS, IN PART, THE COMMISSION’S DECISION DECLARING CERTAIN AID PAID TO OLYMPIAKI AEROPORIA YPIRESIES FOR LOSSES CONNECTED WITH THE EVENTS OF 11 SEPTEMBER 2001 INCOMPATIBLE WITH THE COMMON MARKET

No 39/2008 : 24 June 2008Judgment of the Court of Justice in Case C-188/07Commune de MesquerEnvironment and consumersTHE ‘POLLUTER PAYS’ PRINCIPLE REQUIRES FINANCIAL LIABILITY TO BE IMPOSED FOR THE COST OF DISPOSING OF WASTE CAUSED BY THE SINKING OF AN OIL TANKER

No 38/2008 : 18 June 2008Judgment of the Court of First Instance in Case T-410/03Hoechst / CommissionCompetitionTHE COURT OF FIRST INSTANCE REDUCES THE FINE IMPOSED ON HOECHST FOR ITS PARTICIPATION IN A CARTEL ON THE SORBATES MARKET TO EUR 74.25 MILLION

No 37/2008 : 12 June 2008Judgment of the Court of Justice in Case C-533/0602 Holdings Limited & 02 (UK)Approximation of lawsO2 CANNOT RELY ON ITS TRADE MARK RIGHTS TO PREVENT THE USE OF A SIMILAR SIGN IN A COMPARATIVE ADVERTISEMENT FOR HUTCHISON 3G

No 36/2008 : 5 June 2008Judgment of the Court of Justice in Case C-164/07WoodFreedom to provide servicesCOMMUNITY LAW PRECLUDES MEMBER STATE LEGISLATION WHICH, IN CERTAIN CIRCUMSTANCES, EXCLUDES NATIONALS OF OTHER MEMBER STATES FROM THE GRANT OF COMPENSATION ON THE SOLE GROUND OF THEIR NATIONALITY

No 35/2008 : 3 June 2008Judgment of the Court of Justice in Case C-308/06TransportTHE DIRECTIVE ON SHIP-SOURCE POLLUTION WHICH PROVIDES FOR PENALTIES IN THE EVENT, IN PARTICULAR, OF ACCIDENTAL DISCHARGES REMAINS VALID

No 33/2008 : 22 May 2008Judgment of the Court of Justice in Case C-499/06NerkowskaCitizenship of the Union

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PAYMENT OF A DISABILITY PENSION GRANTED BY A MEMBER STATE TO CIVILIAN VICTIMS OF WAR AND REPRESSION MUST NOT BE REFUSED SOLELY BECAUSE THE PERSON SO ENTITLED IS RESIDENT IN ANOTHER MEMBER STATE

No 31/2008 : 20 May 2008Judgment of the Court of Justice in Case C-91/05Commission / CouncilCommon foreign and security policyTHE COURT ANNULS THE COUNCIL DECISION SUPPORTING THE MORATORIUM ON SMALL ARMS AND LIGHT WEAPONS IN WEST AFRICA

No 30/2008 : 8 May 2008Judgment of the Court of Justice in Case C-491/06AgricultureTHE COURT RULES ON THE INTERPRETATION OF COMMUNITY PROVISIONS CONCERNING THE TRANSPORT OF ANIMALS

No 29/2008 : 6 May 2008Judgment of the Court of Justice in Case C-133/06Parliament / CouncilJustice and Home AffairsTHE COURT OF JUSTICE ANNULS CERTAIN PROVISIONS OF THE DIRECTIVE ON PROCEDURES FOR GRANTING AND WITHDRAWING REFUGEE STATUS

No 28/2008 : 17 April 2008Judgment of the Court of Justice in Case C-404/06QuelleApproximation of lawsCONSUMERS ARE NOT REQUIRED TO PAY COMPENSATION TO SELLERS FOR THE USE OF DEFECTIVE CONSUMER GOODS UNTIL THEIR REPLACEMENT

No 26/2008 : 10 April 2008Judgment of the Court of First Instance in Case T-271/03Deutsche Telekom / CommissionCompetitionTHE COURT OF FIRST INSTANCE UPHOLDS THE FINE IMPOSED ON DEUTSCHE TELEKOM FOR ITS LOCAL NETWORK ACCESS CHARGES BETWEEN 1998 AND 2002

No 25/2008 : 10 April 2008Judgment of the Court of Justice in Case C-102/07adidas et adidas BeneluxApproximation of lawsTHE GENERAL INTEREST IN LEAVING CERTAIN SIGNS AVAILABLE TO ALL DOES NOT RESTRICT, AS SUCH, THE EXCLUSIVE RIGHTS OF A TRADE MARK PROPRIETOR

No 23/2008 : 8 April 2008Judgment of the Court of Justice in Case C-167/05Commission / SwedenTaxationDIFFERENT TAX TREATMENT OF BEER AND WINE IN SWEDEN DOES NOT INFRINGE COMMUNITY LAW

No 22/2008 : 8 April 2008Judgment of the Court of Justice in Case C-337/05Commission / ItalyFreedom to provide services

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ITALY IS DECLARED TO BE IN BREACH OF ITS TREATY OBLIGATIONS BY THE PURCHASE OF AGUSTA AND AGUSTA BELL HELICOPTERS WITHOUT ANY COMPETITIVE TENDERING PROCEDURE

No 20/2008 : 3 April 2008Judgment of the Court of Justice in Case C-346/06RüffertFreedom to provide servicesTHE COMMUNITY DIRECTIVE ON THE POSTING OF WORKERS MAY PRECLUDE MAKING A PUBLIC CONTRACT SUBJECT TO COMPLIANCE WITH THE WAGES UNDER A COLLECTIVE AGREEMENT IN FORCE IN THE PLACE WHERE THE SERVICES IN QUESTION ARE PERFORMED

No 18/2008 : 1 April 2008Judgment of the Court of Justice in Case C-212/06Gouvernement de la Communauté française et Gouvernement wallonSocial security for migrant workersCERTAIN FEATURES OF THE FLEMISH CARE INSURANCE SCHEME ARE CONTRARY TO COMMUNITY LAW

No 17/2008 : 1 April 2008Judgment of the Court of Justice in Case C-267/06MarukoPrinciples of Community lawA LIFE PARTNER OF THE SAME SEX MAY BE ENTITLED TO A SURVIVOR’S PENSION UNDER AN OCCUPATIONAL PENSION SCHEME

No 13/2008 : 6 March 2008Judgment of the Court of Justice in Case C-196/07Commission / SpainCompetitionSPAIN HAS INFRINGED COMMUNITY LAW BY NOT WITHDRAWING THE CONDITIONS FOR E.ON’S ACQUISITION OF ENDESA

No 11/2008 : 26 February 2008Judgment of the Court of Justice in Case C-132/05AgricultureONLY CHEESES BEARING THE PROTECTED DESIGNATION OF ORIGIN (PDO) ‘PARMIGIANO REGGIANO’ CAN BE SOLD UNDER THE NAME ‘PARMESAN’

No 10/2008 : 26 February 2008Judgment of the Court of Justice in Case C-506/06MayrSocial policyA DISMISSAL ESSENTIALLY BASED ON THE FACT THAT A WOMAN IS AT AN ADVANCED STAGE OF IN VITRO FERTILISATION TREATMENT IS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN

No 9/2008 : 14 February 2008Judgment of the Court of Justice in Case C-419/06Commission / GreeceState aidTHE COURT OF JUSTICE GIVES JUDGMENT AGAINST GREECE FOR NOT RECOVERING STATE AID GRANTED TO NATIONAL AIRLINES

No 8/2008 : 12 February 2008Judgment of the Court of First Instance in Case T-289/03BUPA e.a. / CommissionState aid

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THE COURT OF FIRST INSTANCE CONFIRMS THE COMMISSION’S DECISION APPROVING IRELAND’S RISK EQUALISATION SYSTEM FOR THE PRIVATE MEDICAL INSURANCE SECTOR

No 7/2008 : 31 January 2008Judgment of the Court of First Instance in Case T-95/06Federación de Cooperativas Agrarias de la Comunidad Valenciana / OCVVAgriculture

No 6/2008 : 31 January 2008Judgment of the Court of Justice in Case C-380/05Centro Europa 7Approximation of laws

No 5/2008 : 29 January 2008Judgment of the Court of Justice in Case C-275/06PromusicaeFree movement of goodsTHE COURT RULES ON THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN THE INFORMATION SOCIETY

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2007

Nº 13/2007 : 8 February 2007 Judgment of the Court of Justice in Case C-3/06 PGroupe Danone / Commission CompetitionTHE COURT OF JUSTICE UPHOLDS THE JUDGMENT OF THE COURT OF FIRST INSTANCE PENALISING A CARTEL OPERATING CONTRARY TO COMMUNITY LAW ON THE BELGIAN BEER MARKET

Nº 10/2007 : 5 February 2007 Judgment of the Court of Justice in Case C-359/05Estager Economic policyTHE COURT CLARIFIES THE RULES ON CONVERSION INTO EUROS PROVIDED FOR BY COMMUNITY LAW

Nº 9/2007 : 30 January 2007 Judgment of the Court of First Instance in Case T-340/03France Télécom / Commission CompetitionCOURT UPHOLDS COMMISSION DECISION FINDING THAT FRANCE TÉLÉCOM ABUSED ITS DOMINANT POSITION ON THE FRENCH MARKET FOR INTERNET ACCESS

Nº 8/2007 : 25 January 2007 Judgment of the Court of Justice in Case C-278/05Robins e.a. Social policyTHE MEMBER STATES ARE NOT REQUIRED TO FINANCE RIGHTS TO OLD-AGE BENEFITS UNDER SUPPLEMENTARY PENSION SCHEMES THEMSELVES IN THE EVENT OF THE EMPLOYER'S INSOLVENCY

Nº 7/2007 : 25 January 2007 Judgment of the Court of Justice in Case C-48/05Adam Opel Approximation of lawsTHE AFFIXING BY A THIRD PARTY OF THE OPEL LOGO ON SCALE MODELS OF OPEL VEHICLES DOES NOT NECESSARILY CONSITUTE A PROHIBITED USE

Nº 6/2007 : 25 January 2007 Judgments of the Court of Justice in Cases C-403/04 P and othersSumitomo Metal Industries / Commission CompetitionTHE COURT UPHOLDS THE JUDGMENT OF THE COURT OF FIRST INSTANCE PENALISING A CARTEL OF STEEL TUBES PRODUCERS

Nº 4/2007 : 18 January 2007 Judgment of the Court of Justice in Case C-313/05Brzeziński Free movement of goodsCOMMUNITY LAW PRECLUDES A POLISH EXCISE DUTY IN SO FAR AS IT AFFECTS SECOND-HAND VEHICLES OVER TWO YEARS OLD IMPORTED FROM ANOTHER MEMBER STATE MORE ONEROUSLY THAN THOSE ALREADY REGISTERED IN POLAND

Nº 3/2007 : 18 January 2007

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Judgment of the Court of Justice in Case C-229/05 PPKK et KNK / Council Common foreign and security policyTHE COURT OF FIRST INSTANCE MUST REEXAMINE THE INCLUSION OF THE PKK ON A LIST OF TERRORIST ORGANISATIONS

Nº 2/2007 : 18 January 2007 Judgment of the Court of Justice in Case C-220/05Auroux e.a. Freedom to provide servicesAN AGREEMENT FOR THE REDEVELOPMENT OF AN AREA IN A TOWN CONSTITUTES A PUBLIC WORKS CONTRACT

2006

Nº 104/2006 : 14 December 2006 Judgment of the Court of First Instance in joined cases T-259/02 and othersRaiffeisen Zentralbank Österreich / Commission CompetitionTHE COURT OF FIRST INSTANCE LARGELY UPHOLDS THE COMMISSION'S DECISION IMPOSING SANCTIONS ON A SERIES OF CARTEL AGREEMENTS ON THE AUSTRIAN BANKING MARKET (LOMBARD CLUB)

Nº 103/2006 : 14 December 2006 Judgment of the Court of Justice in Case C-217/05Confederación Española de Empresarios de Estaciones de Servicio CompetitionTHE COMMUNITY PROHIBITION ON AGREEMENTS, DECISIONS AND CONCERTED PRACTICES APPLIES TO AN EXCLUSIVE FUEL DISTRIBUTION AGREEMENT BETWEEN A SUPPLIER AND A SERVICE-STATION OPERATOR, WHERE THE LATTER ASSUMES THE RISKS LINKED TO THE SALE OF GOODS TO THIRD PARTIES

Nº 102/2006 : 14 December 2006 Judgment of the Court of Justice in Case C-170/05Denkavit Internationaal et Denkavit France Freedom to provide servicesNATIONAL LEGISLATION WHICH MAKES DIVIDENDS RECEIVED BY A NON-RESIDENT PARENT COMPANY LIABLE TO A WITHHOLDING TAX, WHILE ALMOST FULLY EXEMPTING DIVIDENDS RECEIVED BY A RESIDENT PARENT COMPANY, RESTRICTS FREEDOM OF ESTABLISHMENT

Nº 101/2006 : 13 December 2006 Judgment of the Court of First Instance in joined cases T-217/03,T-245/03FNCBV / Commission CompetitionTHE COURT OF FIRST INSTANCE CONFIRMS, IN ESSENCE, THE DECISION OF THE COMMISSION PENALISING AN AGREEMENT IN THE BEEF SECTOR

Nº 100/2006 : 12 December 2006 Judgment of the Court of Justice in Case C-380/03Germany / Parlement et Conseil Principles of Community lawTHE COURT DISMISSES THE ACTION BROUGHT BY GERMANY CHALLENGING THE DIRECTIVE ON TOBACCO ADVERTISING

Nº 99/2006 : 12 December 2006 Judgment of the Court of First Instance in Case T-146/03Asociación de Estaciones de Servicio de Madrid et Federación Catalana de Estaciones de Servicio / Commission

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State aidTHE COURT OF FIRST INSTANCE ANNULS THE COMMISSION DECISION RELATING TO THE MEASURES ADOPTED IN 2002 BY SPAIN IN THE AGRICULTURAL SECTOR FOLLOWING THE INCREASE IN FUEL PRICES

Nº 98/2006 : 12 December 2006 Judgment of the Court of First Instance in Case T-95/03Asociación de Estaciones de Servicio de Madrid et Federación Catalana de Estaciones de Servicio / Commission State aidTHE COURT OF FIRST INSTANCE CONFIRMS THE COMMISSION'S DECISION DECLARING THAT SPANISH LEGISLATION ON THE OPENING OF SERVICE STATIONS BY HYPERMARKETS DOES NOT CONSTITUTE STATE AID

Nº 97/2006 : 12 December 2006 Judgment of the Court of First Instance in Case T-228/02Organisation des Modjahedines du peuple d'Iran / Council Common foreign and security policyTHE COURT OF FIRST INSTANCE ANNULS THE COUNCIL'S DECISION ORDERING THE FREEZING OF THE FUNDS OF THE ORGANISATION DES MODJAHEDINES DU PEUPLE D'IRAN IN THE FIGHT AGAINST TERRORISM

Nº 96/2006 : 12 December 2006 Judgments of the Court of Justice in Cases C-374/04,C-446/04Test Claimants in Class IV of the ACT Group Litigation TaxationTHE COURT RULES ON THE COMPATIBILITY OF THE UNITED KINGDOM TAX SYSTEM RELATING TO CROSS-BORDER PAYMENTS OF DIVIDENDS WITH COMMUNITY LAW

Nº 95/2006 : 7 December 2006 Judgment of the Court of Justice in Case C-306/05SGAE Approximation of lawsTHE DISTRIBUTION OF A SIGNAL BY MEANS OF TELEVISION SETS BY A HOTEL TO ITS CUSTOMERS IS PROTECTED BY COPYRIGHT

Nº 94/2006 : 5 December 2006 Judgment of the Court of Justice in Joined Cases C-94/04, C-202/04Cipolla-Macrino CompetitionABSOLUTE PROHIBITION ON DEROGATION FROM THE SCALE OF LAWYERS' MINIMUM FEES IN ITALY CONSTITUTES A RESTRICTION ON THE FREEDOM TO PROVIDE SERVICES

Nº 93/2006 : 23 November 2006 Judgment of the Court of Justice in Case C-5/05Joustra TaxationONLY PRODUCTS ACQUIRED AND TRANSPORTED PERSONALLY BY PRIVATE INDIVIDUALS ARE EXEMPT FROM EXCISE DUTY IN THE MEMBER STATE OF IMPORTATION

Nº 92/2006 : 14 November 2006 Judgment of the Court of Justice in Case C-513/04Kerckhaert et Morres Free movement of capitalA MEMBER STATE MAY SUBJECT SHARE DIVIDENDS FROM COMPANIES ESTABLISHED IN ITS TERRITORY AND THOSE FROM COMPANIES ESTABLISHED IN ANOTHER MEMBER STATE TO THE SAME UNIFORM TAX RATE

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Nº 91/2006 : 19 October 2006 Judgment of the Court of First Instance in joined cases T-350/04_T-352/04Bitburger Brauerei / Office for Harmonisation in the Internal Market Community Trade MarkNEITHER THE WORD TRADE MARK "BUD", NOR TWO FIGURATIVE TRADE MARKS APPLIED FOR BY ANHEUSER-BUSCH ARE SIMILAR TO THE EARLIER GERMAN TRADE MARKS "BIT" AND "BITTE EIN BIT!"

Nº 86/2006 : 5 October 2006 Opinion of the Advocate General in the case C-292/04Meilicke Free movement of capitalADVOCATE GENERAL STIX-HACKL PROPOSES THAT THE TEMPORAL EFFECTS OF THE JUDGMENT IN MEILICKE REGARDING THE COMPATIBILITY OF GERMAN PROVISIONS ON THE TAXATION OF DIVIDENDS SHOULD NOT BE LIMITED

Nº 85/2006 : 5 October 2006 Judgment of the Court of Justice in Joined Cases C-290/05_C-333/05Nádasdi TaxationHUNGARIAN REGISTRATION DUTY IS CONTRARY TO COMMUNITY LAW IN SO FAR AS IT IMPOSES A HEAVIER BURDEN ON IMPORTED USED VEHICLES THAN ON SIMILAR USED VEHICLES ALREADY REGISTERED IN HUNGARY

Nº 84/2006 : 5 October 2006 Judgment of the Court of Justice in Case C-140/05Valesko Free movement of goodsAUSTRIAN LEGISLATION LIMITING AN EXEMPTION, ON A TRANSITIONAL BASIS, FOR CIGARETTES IMPORTED FROM SLOVENIA IS COMPATIBLE WITH COMMUNITY LAW

Nº 83/2006 : 4 October 2006 Judgment of the Court of First Instance in Case T-193/04Tillack / Commission Law governing the institutionsTHE COURT OF FIRST INSTANCE DECLARES INADMISSIBLE THE ACTION FOR ANNULMENT BROUGHT AGAINST THE FORWARDING OF INFORMATION HELD BY OLAF TO NATIONAL JUDICIAL AUTHORITIES AND DISMISSES THE APPLICATION FOR DAMAGES IN COMPENSATION FOR THE HARM ALLEGEDLY SUFFERED BY THE APPLICANT

Nº 82/2006 : 3 October 2006 Judgment of the Court of Justice in Case C-475/03Banca popolare di Cremona TaxationIRAP IS COMPATIBLE WITH COMMUNITY LAW

Nº 81/2006 : 3 October 2006 Judgment of the Court of Justice in Case C-452/04Fidium Finanz Freedom to provide servicesCOMMUNITY LAW DOES NOT PRECLUDE THE REQUIREMENT OF PRIOR AUTHORISATION FOR THE GRANTING OF CREDIT ON A COMMERCIAL BASIS BY A COMPANY ESTABLISHED IN A NON-MEMBER COUNTRY

Nº 80/2006 : 27 September 2006 Judgment of the Court of First Instance in joined cases T-44/02 OPPO and othersDresdner Bank / Commission

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CompetitionTHE COURT CONFIRMS THE ANNULMENT OF A COMMISSION DECISION FINING FIVE GERMAN BANKS

Nº 79/2006 : 27 September 2006 Judgment of the Court of First Instance in Case T-168/01GlaxoSmithKline Services / Commission CompetitionTHE COURT OF FIRST INSTANCE ANNULS IN PART THE DECISION PROHIBITING GLAXO FROM SELLING ITS MEDICINES AT DIFFERENT PRICES ACCORDING TO THE PLACE OF REIMBURSEMENT

Nº 78/2006 : 27 September 2006 Opinion of the Advocate General in the case C-229/05 PPKK et KNK / Council Common foreign and security policyADVOCATE GENERAL KOKOTT CONSIDERS THAT OSMAN OCALAN IS ENTITLED TO BRING PROCEEDINGS ON BEHALF OF THE PKK

Nº 76/2006 : 19 September 2006 Judgments of the Court of Justice in Cases C-506/04, C-193/05Wilson Freedom to provide servicesTHE PROVISIONS OF LUXEMBOURG LAW RELATING TO LINGUISTIC KNOWLEDGE WHICH EUROPEAN LAWYERS MUST POSSESS IN ORDER TO BE REGISTERED WITH A BAR ARE CONTRARY TO COMMUNITY LAW

Nº 75/2006 : 19 September 2006 Judgment of the Court of Justice in Case C-356/04LIDL Belgium Approximation of lawsCOMPARATIVE ADVERTISING CAN RELATE COLLECTIVELY TO SELECTIONS OF PRODUCTS

Nº 74/2006 : 13 September 2006 Judgment of the Court of First Instance in Case T-210/02British Aggregates / Commission State aidTHE ENVIRONMENTAL LEVY ON AGGREGATES IN THE UNITED KINGODM DOES NOT CONSTITUTE STATE AID

Nº 73/2006 : 13 September 2006 Judgment of the Court of First Instance in Case T-191/04MIP Metro / Office for Harmonisation in the Internal Market Community Trade MarkTHE COURT OF FIRST INSTANCE ANNULS OHIM'S DECISION NOT TO REGISTER THE FIGURATIVE SIGN "METRO' AS A COMMUNITY TRADE MARK

Nº 72/2006 : 12 September 2006 Judgment of the Court of Justice in Case C-196/04Cadbury Schweppes et Cadbury Schweppes Overseas Freedom to provide servicesUNITED KINGDOM LEGISLATION ON CONTROLLED FOREIGN COMPANIES CAN APPLY ONLY TO WHOLLY ARTIFICIAL TAX ARRANGEMENTS

Nº 71/2006 : 12 September 2006 Opinion of the Advocate General in the case C-303/05Advocaten voor de Wereld

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Justice and Home AffairsADVOCATE GENERAL RUIZ-JARABO TAKES THE VIEW THAT THE EUROPEAN ARREST WARRANT DOES NOT BREACH THE FUNDAMENTAL RIGHTS TO EQUALITY BEFORE THE LAW AND TO LEGALITY IN CRIMINAL PROCEEDINGS

Nº 70/2006 : 12 September 2006 Judgments of the Court of Justice in Cases C-145/04_ C-300/04Spain / United Kingdom_Eman Law governing the institutionsIT IS FOR THE MEMBER STATES TO DEFINE THE PERSONS WHO ARE TO BE ENTITLED TO VOTE AND TO STAND AS A CANDIDATE IN ELECTIONS TO THE EUROPEAN PARLIAMENT

Nº 69/2006 : 7 September 2006 Opinion of the Advocate General in cases C-284/04, C-369/04T-Mobile Austria e.a. TaxationIN THE VIEW OF ADVOCATE GENERAL KOKOTT, THE STATE AUCTIONING OF 3G MOBILE TELEPHONE LICENCES IS NOT LIABLE TO VAT

Nº 68/2006 : 7 September 2006 Judgment of the Court of Justice in Case C-310/04Spain / Council AgricultureTHE COURT OF JUSTICE ANNULS THE NEW SUPPORT SCHEME FOR COTTON

Nº 67/2006 : 7 September 2006 Judgment of the Court of Justice in Case C-484/04Commission / United Kingdom Social policyTHE UNITED KINGDOM GUIDELINES ON WORKING TIME INFRINGE COMMUNITY LAW

Nº 66/2006 : 6 September 2006 Judgment of the Court of Justice in Case C-88/03Portugal / Commission State aidTHE COURT DISMISSES THE ACTION BROUGHT BY PORTUGAL AGAINST THE COMMISSION DECISION ON THE TAX SCHEME IN THE AZORES

Nº 65/2006 : 18 July 2006 Judgment of the Court of Justice in Case C-519/04 PMeca-Medina et Majcen / Commission Freedom to provide servicesTHE INTERNATIONAL OLYMPIC COMMITTEE'S RULES ON DOPING CONTROL FALL WITHIN THE SCOPE OF COMMUNITY COMPETITION LAW

Nº 64/2006 : 18 July 2006 Judgment of the Court of Justice in Case C-119/04Commission / Italy Law governing the institutionsFOR THE SECOND TIME THE COURT FINDS AGAINST ITALY FOR FAILING TO RECOGNISE THE ACQUIRED RIGHTS OF FORMER

Nº 63/2006 : 18 July 2006 Judgment of the Court of Justice in Case C-406/04De Cuyper Citizenship of the UnionFREEDOM OF MOVEMENT AND RESIDENCE DOES NOT PRECLUDE A RESIDENCE CLAUSE AS A CONDITION FOR THE RETENTION OF ENTITLEMENT TO AN UNEMPLOYMENT ALLOWANCE.

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Nº 61/2006 : 14 July 2006 Judgment of the Court of First Instance in Case T-417/05Endesa / Commission CompetitionTHE COURT OF FIRST INSTANCE CONFIRMS THE DECISION OF THE COMISSION DECLARING THAT THE PROPOSED ACQUISITION OF ENDESA BY GAS NATURAL DID NOT FALL WITHIN ITS JURISDICTION

Nº 60/2006 : 13 July 2006 Judgment of the Court of First Instance in Case T-464/04Impala / Commission CompetitionTHE COURT OF FIRST INSTANCE ANNULS THE DECISION AUTHORISING THE CREATION OF SONY BMG

Nº 59/2006 : 13 July 2006 Judgment of the Court of Justice in Case C-438/04Mobistar Approximation of lawsNATIONAL REGULATORY AUTHORITIES MAY FIX EX ANTE MAXIMUM PRICES FOR THE TRANSFER OF A MOBILE TELEPHONE NUMBER FROM ONE MOBILE TELEPHONE OPERATOR TO ANOTHER

Nº 58/2006 : 13 July 2006 Judgment of the Court of Justice in Joined Cases C-295/04_C-298/04Manfredi CompetitionAN ARRANGEMENT WHICH INFRINGES NATIONAL COMPETITION LAW MAY INFRINGE COMMUNITY LAW AT THE SAME TIME

Nº 57/2006 : 12 July 2006 Judgments of the Court of First Instance in cases T-253/02, T-49/04Ayadi-Hassan / Council Common foreign and security policyTHE COURT OF FIRST INSTANCE CLARIFIES THE RIGHTS OF INDIVIDUALS WHOSE FUNDS HAVE BEEN FROZEN IN CONNECTION WITH THE FIGHT AGAINST INTERNATIONAL TERRORISM

Nº 56/2006 : 11 July 2006 Judgment of the Court of Justice in Case C-432/04Commission / Cresson Law governing the institutionsTHE COURT DECLARES THAT MRS EDITH CRESSON ACTED IN BREACH OF HER OBLIGATIONS AS A EUROPEAN COMMISSIONER

Nº 55/2006 : 11 July 2006 Judgment of the Court of Justice in Case C-13/05Chacón Navas Social policyTHE COURT RULES FOR THE FIRST TIME ON THE CONCEPT OF 'DISABILITY' FOR THE PURPOSE OF THE DIRECTIVE ON EQUAL TREATMENT IN EMPLOYMENT AND OCCUPATION

Nº 54/2006 : 4 July 2006 Judgment of the Court of Justice in Case C-212/04Adeneler

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Social policyTHE COURT OF JUSTICE INTERPRETS THE FRAMEWORK AGREEMENT ON FIXED-TERM WORK AND REINFORCES THE PROTECTION OF WORKERS

Nº 53/2006 : 4 July 2006 Judgment of the Court of First Instance in Case T-177/04easyJet / Commission CompetitionTHE COURT OF FIRST INSTANCE UPHOLDS THE COMMISSION DECISION CONCERNING THE MERGER BETWEEN AIR FRANCE AND KLM

Nº 52/2006 : 27 June 2006 Judgment of the Court of Justice in Case C-540/03Parliament / Council Justice and Home AffairsTHE COURT DISMISSES THE ACTION CHALLENGING THE DIRECTIVE ON THE RIGHT TO FAMILY REUNIFICATION OF NATIONALS OF NON-MEMBER STATES

Nº 51/2006 : 22 June 2006 Judgments of the Court of Justice in Cases C-24/05 P, C-25/05 PStorck / Office for Harmonisation in the Internal Market Community Trade MarkTHE COURT DISMISSES THE APPEALS BROUGHT BY STORCK AGAINST THE JUDGMENTS OF THE COURT OF FIRST INSTANCE REJECTING THE ACTIONS BROUGHT AGAINST THE DECISIONS OF OHIM REFUSING TO REGISTER AS COMMUNITY TRADE MARKS TWO MARKS RELATING TO WERTHER'S ORIGINAL SWEETS

Nº 50/2006 : 22 June 2006 Judgment of the Court of Justice in Joined Cases C-182/03, C-217/03Belgium / Commission State aidTHE COURT ORDERS THE PARTIAL ANNULMENT OF THE COMMISSION'S DECISION REQUIRING BELGIUM TO WITHDRAW THE TAX REGIME FOR COORDINATION CENTRES OF MULTINATIONAL UNDERTAKINGS

Nº 49/2006 : 13 June 2006 Judgment of the Court of Justice in Case C-173/03Traghetti del Mediterraneo Principles of Community lawTHE COURT CONFIRMS THAT A MEMBER STATE IS LIABLE FOR DAMAGE CAUSED TO AN INDIVIDUAL BY A MANIFEST INFRINGEMENT OF COMMUNITY LAW ATTRIBUTABLE TO A SUPREME COURT

Nº 48/2006 : 13 June 2006 Opinion of the Advocate General in the case C-380/03Germany / Parlement et Conseil Principles of Community lawADVOCATE GENERAL PHILIPPE LÉGER PROPOSES THAT THE COURT OF JUSTICE SHOULD DISMISS THE ACTION BROUGHT BY GERMANY AGAINST THE TOBACCO ADVERTISING DIRECTIVE

Nº 47/2006 : 7 June 2006 Judgment of the Court of First Instance in Case T-213/01Österreichische Postsparkasse AG / Commission of the European Communities CompetitionTHE COURT OF FIRST INSTANCE RULES ON QUESTIONS RELATING TO THE PARTICIPATION OF COMPLAINANTS IN PROCEEDINGS RELATING TO INFRINGEMENTS OF THE COMPETITION RULES

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Nº 46/2006 : 30 May 2006 Judgment of the Court of Justice in Joined Cases C-317/04,C-318/04Parliament / Council Principles of Community lawTHE COURT ANNULS THE COUNCIL DECISION CONCERNING THE CONCLUSION OF AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA ON THE PROCESSING AND TRANSFER OF PERSONAL DATA AND THE COMMISSION DECISION ON THE ADEQUATE PROTECTION OF THOSE DATA

Nº 45/2006 : 30 May 2006 Judgment of the Court of Justice in Case C-459/03Commission / Ireland Law governing the institutionsBY BRINGING PROCEEDINGS AGAINST THE UNITED KINGDOM WITHIN THE FRAMEWORK OF THE CONVENTION ON THE LAW OF THE SEA, IRELAND HAS BREACHED COMMUNITY LAW

Nº 42/2006 : 16 May 2006 Judgment of the Court of Justice in Case C-372/04Watts Social security for migrant workersTHE OBLIGATION TO REIMBURSE THE COST OF HOSPITAL TREATMENT PROVIDED IN ANOTHER MEMBER STATE ALSO APPLIES TO A NATIONAL HEALTH SERVICE WHICH PROVIDES SUCH TREATMENT FREE OF CHARGE

Nº 41/2006 : 11 May 2006 Judgment of the Court of Justice in Case C-340/04Cabotermo et Consorzio Alisei Freedom to provide servicesA MUNICIPALITY MAY AWARD A PUBLIC CONTRACT DIRECTLY TO AN UNDERTAKING CONTROLLED BY IT IF THE ESSENTIAL PART OF ITS ACTIVITIES ARE CARRIED OUT FOR THAT AUTHORITY

Nº 40/2006 : 10 May 2006 Judgment of the Court of First Instance in Case T-279/03 Galileo International Technology e.a. / Commission Community Trade Mark

Nº 38/2006 : 2 May 2006 Judgment of the Court of First Instance in Case T-328/03O2 (Germany) / Commission CompetitionTHE COMMISSION'S DECISION CONCERNING THE AGREEMENT BETWEEN O2 AND T-MOBILE ON NETWORK SHARING FOR THE THIRD GENERATION OF MOBILE TELECOMMUNICATIONS (3G) IN GERMANY IS PARTIALLY ANNULLED

Nº 37/2006 : 2 May 2006 Opinion of the Advocate General in the case C-196/04Cadbury Schweppes et Cadbury Schweppes Overseas Freedom to provide servicesIN THE OPINION OF ADVOCATE GENERAL LÉGER THE UNITED KINGDOM LEGISLATION ON "CONTROLLED FOREIGN COMPANIES' IS COMPATIBLE WITH COMMUNITY LAW IF IT APPLIES ONLY TO WHOLLY ARTIFICIAL ARRANGEMENTS INTENDED TO CIRCUMVENT NATIONAL LAW

Nº 36/2006 : 2 May 2006 Judgment of the Court of Justice in Case C-341/04Eurofood IFSC

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COJCTHE COURT WITH JURISDICTION TO OPEN "MAIN" INSOLVENCY PROCEEDINGS IS, SAVE WHERE GOOD REASON IS SHOWN TO THE CONTRARY, THE COURT OF THE MEMBER STATE WHERE THE DEBTOR'S REGISTERED OFFICE IS SITUTATED

Nº 35/2006 : 27 April 2006 Judgment of the Court of Justice in Case C-423/04Richards Social policyTHE REFUSAL TO GRANT A PENSION TO A MALE-TO-FEMALE TRANSSEXUAL AT THE SAME AGE AS A WOMAN IS CONTRARY TO COMMUNITY LAW

Nº 34/2006 : 6 April 2006 Opinion of the Advocate General in cases C-145/04, C-300/04Spain / United Kingdom, Eman-Sevinger Law governing the institutionsADVOCATE GENERAL ANTONIO TIZZANO HAS DELIVERED HIS OPINION IN TWO CASES CONCERNING THE RIGHT TO VOTE IN ELECTIONS FOR THE EUROPEAN PARLIAMENT

Nº 33/2006 : 6 April 2006 Judgment of the Court of Justice in Case C-551/03 PGeneral Motors Nederland et Opel Nederland / Commission CompetitionTHE COURT CONFIRMS THE JUDGMENT OF THE COURT OF FIRST INSTANCE FINDING ANTI-COMPETITIVE CONDUCT BY THE NETHERLANDS SUBSIDIARY OF GENERAL MOTORS

Nº 32/2006 : 6 April 2006 Judgment of the Court of Justice in Case C-124/05Federatie Nederlandse Vakbeweging Social policyCOMMUNITY LAW PRECLUDES THE REPLACEMENT OF THE MINIMUM PERIOD OF PAID ANNUAL LEAVE BY AN ALLOWANCE IN LIEU, WHERE LEAVE IS CARRIED OVER TO A SUBSEQUENT YEAR.

Nº 29/2006 : 30 March 2006 Judgment of the Court of Justice in Case C-451/03Servizi Ausiliari Dottori Commercialisti Freedom to provide servicesITALIAN TAX ADVICE CENTRES' EXCLUSIVE RIGHT TO COMPLETE WORKERS' DECLARATIONS OF INCOME IS CONTRARY TO COMMUNITY LAW

Nº 25/2006 : 16 March 2006 Judgment of the Court of First Instance in Case T-322/03Telefon & Buch / Office for Harmonisation in the Internal Market Community Trade MarkTHE COURT OF FIRST INSTANCE UPHOLDS THE DECISION OF OHIM TO CANCEL THE COMMUNITY WORD MARK "WEISSE SEITEN' FOR CERTAIN GOODS

Nº 24/2006 : 16 March 2006 Judgment of the Court of Justice in Joined Cases C-131/04, C-257/04Robinson-Steele Social policyPAYMENT FOR ANNUAL LEAVE INCLUDED IN HOURLY OR DAILY REMUNERATION ("ROLLED-UP HOLIDAY PAY') IS CONTRARY TO THE WORKING TIME DIRECTIVE

Nº 23/2006 : 16 March 2006 Judgment of the Court of Justice in Case C-234/04Kapferer

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CECCAS A GENERAL RULE, A NATIONAL COURT DOES NOT HAVE AN OBLIGATION TO RE-OPEN AND SET ASIDE A JUDICIAL DECISION WHICH HAS BECOME FINAL, EVEN IF THAT DECISION SHOULD BE CONTRARY TO COMMUNITY LAW

Nº 22/2006 : 15 March 2006 Judgments of the Court of First Instance in cases T-15/02, T-26/02BASF / Commission CompetitionTHE CFI REDUCES THE FINES IMPOSED ON BASF TO 236.845 MILLION EUROS AND ON DAIICHI TO 18 MILLION EUROS FOR THEIR PARTICIPATION IN CARTELS IN VARIOUS VITAMIN MARKETS

Nº 21/2006 : 14 March 2006 Opinion of the Advocate General in the case C-475/03Banca popolare di Cremona TaxationADVOCATE GENERAL STIX-HACKL CONCLUDES THAT THE SIXTH VAT DIRECTIVE PRECLUDES A TAX SUCH AS THE ITALIAN "IRAP"

Nº 19/2006 : 23 February 2006 Opinion of the Advocate General in the case C-432/04Commission / Cresson Law governing the institutionsIN THE OPINION OF ADVOCATE GENERAL GEELHOED, MRS CRESSON IS CORRECTLY ACCUSED OF FAVOURITISM BY THE COMMISSION, IN BREACH OF HER OBLIGATIONS AS A COMMISSIONER

Nº 18/2006 : 22 February 2006 Judgment of the Court of First Instance in Case T-34/02 Le Levant 001 e.a. / Commission State aid

Nº 17/2006 : 21 February 2006 Judgment of the Court of Justice in Case C-152/03Ritter-Coulais Freedom to provide servicesGERMAN LEGISLATION WHICH DOES NOT ALLOW FOREIGN "NEGATIVE INCOME' TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF DETERMINING THE RATE OF TAXATION IS CONTRARY TO COMMUNITY LAW

Nº 16/2006 : 21 February 2006 Judgment of the Court of Justice in Case C-286/03Hosse Social security for migrant workersA MEMBER OF THE FAMILY OF A FRONTIER WORKER LIVING WITH THE WORKER MAY NOT BE DEPRIVED OF A CARE ALLOWANCE GRANTED BY THE AUTHORITIES OF THE PLACE OF EMPLOYMENT

Nº 15/2006 : 21 February 2006 Judgments of the Court of Justice in Cases C-255/02, C-419/02, C-223/03Halifax e.a. TaxationTHE SIXTH VAT DIRECTIVE DOES NOT GRANT A TAXABLE PERSON ANY RIGHT TO DEDUCT INPUT VAT WHERE THE TRANSACTIONS FROM WHICH THAT RIGHT DERIVES CONSTITUTE AN ABUSIVE PRACTICE

Nº 13/2006 : 9 February 2004

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Judgment of the Court of Justice in Case C-127/04Master Delcan O'Byrne Environment and consumersTHE COURT OF JUSTICE STATES, IN RELATION TO LIABILITY FOR DEFECTIVE PRODUCTS, THAT THE TERM "PRODUCER' CAN INCLUDE A DISTRIBUTION SUBSIDIARY

Nº 12/2006 : 9 February 2006 Judgment of the Court of Justice in Joined Cases C-226/04, C-228/04La Cascina et Zilch Freedom to provide servicesTHE COURT DELIVERS ITS FIRST JUDGMENT ON THE OPTION TO EXCLUDE SERVICE PROVIDERS WHO ARE NOT IN COMPLIANCE IN RESPECT OF THE PAYMENT OF SOCIAL SECURITY CONTRIBUTIONS AND TAXES FROM A PUBLIC SERVICES CONTRACT

Nº 10/2006 : 7 February 2006 OPINION 1/03THE EUROPEAN COMMUNITY HAS EXCLUSIVE COMPETENCE TO CONCLUDE THE NEW LUGANO CONVENTION

Nº 9/2006 : 1 February 2006 Order of the President of the Court of First Instance in Case T-417/05Endesa / Commission CompetitionTHE PRESIDENT OF THE COURT OF FIRST INSTANCE DISMISSES THE APPLICATION FOR INTERIM MEASURES BROUGHT BY ENDESA

Nº 8/2006 : 1 February 2006 Opinion of the Advocate General in cases C-94/04, C-202/04Cipolla CompetitionADVOCATE GENERAL POIARES MADURO SUGGESTS THAT THE FIXING OF MINIMUM RATES FOR LAWYERS' FEES RESTRICTS THE FREEDOM TO PROVIDE SERVICES

Nº 7/2006 : 31 January 2006 Judgment of the Court of Justice in Case C-503/03Commission / Spain Freedom of movement for personsTHE COURT EXPLAINS, FOR THE FIRST TIME, THE RELATIONSHIP BETWEEN THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT AND FREEDOM OF MOVEMENT FOR PERSONS

Nº 6/2006 : 26 January 2006 Judgment of the Court of First Instance in Case T-92/02Stadtwerke Schwäbisch Hall e.a. / Commission State aidTHE GERMAN SCHEME OF TAX EXEMPTION FOR THE RESERVES SET UP BY NUCLEAR POWER STATIONS DOES NOT AMOUNT TO STATE AID

Nº 5/2006 : 26 January 2006 Opinion of the Advocate General in the case C-119/04Commission / Italy Law governing the institutionsADVOCATE GENERAL POIARES MADURO PROPOSES FINING ITALY EUR 265 500 PER DAY FOR FAILING TO COMPLY WITH A 2001 JUDGMENT

Nº 4/2006 : 19 January 2006 Judgment of the Court of Justice in Case C-244/04Commission / Germany

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Freedom to provide servicesTHE WORK VISA REGIME APPLIED BY GERMANY TO NATIONALS OF NON-MEMBER STATES POSTED BY SERVICE PROVIDERS ESTABLISHED IN OTHER MEMBER STATES IS CONTRARY TO THE FREEDOM TO PROVIDE SERVICES

Nº 3/2006 : 12 January 2006 Judgment of the Court of Justice in Joined Cases C-354/03, C-355/03,C-484/03Optigen TaxationCOMPANIES UNWITTINGLY PARTY TO CAROUSEL FRAUD ARE ENTITLED TO REIMBURSEMENT OF INPUT VAT PAID

Nº 1/2006 : 10 January 2006 Judgment of the Court of Justice in Case C-344/04International Air Transport Association e.a. TransportTHE REGULATION ON COMPENSATION AND ASSISTANCE FOR AIR PASSENGERS IS VALID

2005

Nº 97/2005 : 15 November 2005Judgment of the Court of Justice in Case C-320/03Commission / AustriaFree movement of goodsTHE TRAFFIC BAN ON SOME LORRIES ON THE INN VALLEY MOTORWAY IS INCOMPATIBLE WITH THE FREE MOVEMENT OF GOODS

Nº 95/2005 : 8 November 2005Judgment of the Court of Justice in Case C-443/03LefflerCOJCREFUSAL BY THE ADDRESSEE TO ACCEPT A JUDICIAL OR EXTRAJUDICIAL DOCUMENT BECAUSE OF THE LANGUAGE IN WHICH IT IS DRAFTED DOES NOT RESULT IN NULLITY OF THE DOCUMENT

Nº 94/2005 : 27 October 2005Judgment of the Court of First Instance in Case T-336/03Editions Albert René / OHMI OrangeCommunity Trade MarkTHE COURT OF FIRST INSTANCE DISMISSES THE ACTION BROUGHT AGAINST OHIM'S DECISION TO REGISTER THE TRADE MARK "MOBILIX"

Nº 93/2005 : 25 October 2005Judgment of the Court of First Instance in Case T-38/02Groupe Danone / CommissionCompetitionTHE COURT OF FIRST INSTANCE CONFIRMS THE COMMISSION'S DECISION THAT THERE WAS A CARTEL CONTRARY TO COMMUNITY LAW IN THE BELGIAN BEER MARKET

Nº 92/2005 : 25 October 2005Judgment of the Court of Justice in Joined Cases C-465/02, C-466/02Germany / Commission

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AgricultureTHE COURT OF JUSTICE UPHOLDS THE NAME "FETA' AS A PROTECTED DESIGNATION OF ORIGIN FOR GREECE

Nº 91/2005 : 25 October 2005Judgments of the Court of Justice in Cases C-350/03, C-229/04Schulte, CrailsheimerEnvironment and consumersTHE MEMBER STATES MUST ENSURE THAT A BANK WHICH FAILS TO INFORM AN INVESTOR IN PROPERTY OF HIS RIGHT TO CANCEL A CREDIT AGREEMENT INTENDED TO FINANCE THE PURCHASE OF THE PROPERTY BEARS THE RISKS INHERENT IN AN INVESTMENT SCHEME NEGOTIATED IN A DOORSTEP-SELLING SITUATION

Nº 90/2005 : 13 October 2005Judgment of the Court of Justice in Case C-458/03Parking BrixenFreedom to provide servicesA PUBLIC AUTHORITY CANNOT AWARD A PUBLIC SERVICE CONCESSION TO A COMPANY WITHOUT PUTTING IT OUT TO TENDER IF THE TRANSACTION IS NOT "IN-HOUSE'

Nº 84/2005 : 6 October 2005Judgment of the Court of Justice in Case C-204/03Commission / SpainTaxationTHE PROVISIONS OF SPANISH LAW LIMITING THE RIGHT TO DEDUCT VAT OF TAXABLE PRSONS RECEIVING SUBSIDIES FOR THE PURPOSE OF FINANCING THEIR ACTIVITIES ARE CONTRARY TO COMMUNITY LAW

Nº 80/2005 : 21 September 2005Judgment of the Court of First Instance in Case T-87/05EDP / CommissionCompetitionTHE COURT OF FIRST INSTANCE UPHOLDS THE PROHIBITION OF THE ACQUISITION OF GAS DE PORTUGAL BY ENERGIAS DE PORTUGAL AND ENI

Nº 79/2005 : 21 September 2005Judgments of the Court of First Instance in cases T-306/01, T-315/01Yusuf et Al Barakaat International Foundation / Council and CommissionCommon foreign and security policyTHE COURT OF FIRST INSTANCE GIVES ITS FIRST JUDGMENTS CONCERNING ACTS ADOPTED IN THE FIGHT AGAINST TERRORISM

Nº 78/2005 : 15 September 2005Judgment of the Court of Justice in Case C-258/04IoannidisCitizenship of the UnionBELGIAN LEGISLATION REFUSING THE GRANT OF A TIDEOVER ALLOWANCE TO A NATIONAL OF ANOTHER MEMBER STATE WHO HAS COMPLETED HIS SECONDARY EDUCATION IN THAT OTHER STATE IS CONTRARY TO COMMUNITY LAW

Nº 77/2005 : 15 September 2005Judgment of the Court of First Instance in Case T-325/01DaimlerChrysler / Commission

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CompetitionTHE COURT OF FIRST INSTANCE REDUCES THE FINE IMPOSED BY THE COMMISSION ON DAIMLERCHRYSLER FOR RESTRICTING PARALLEL TRADE IN MERCEDES-BENZ VEHICLES FROM 7 71��  825 000 TO 9 9��  800 000

Nº 76/2005 : 13 September 2005Judgment of the Court of First Instance in Case T-140/02Sportwetten / OHIMCommunity Trade MarkTHE COURT OF FIRST INSTANCE CONFIRMS THE VALIDITY OF THE FIGURATIVE COMMUNITY TRADE MARK "INTERTOPS' FOR BETTING SERVICES OF ALL KINDS

Nº 75/2005 : 13 September 2005Judgment of the Court of Justice in Case C-176/03Commission / CouncilJustice and Home AffairsTHE EUROPEAN COMMUNITY HAS THE POWER TO REQUIRE THE MEMBER STATES TO LAY DOWN CRIMINAL PENALTIES FOR THE PURPOSE OF PROTECTING THE ENVIRONMENT

Nº 73/2005 : 27 July 2005Judgment of the Court of First Instance in joined cases T-49/02_T-51/02 Brasserie Nationale / CommissionCompetition

Nº 72/2005 : 21 July 2005Judgment of the Court of Justice in Case C-349/03Commission / United KingdomTaxationBY EXCLUDING GIBRALTAR FROM PART OF THE SCOPE OF THE DIRECTIVE ON MUTUAL ASSISTANCE IN THE FIELD OF TAXATION, THE UNITED KINGDOM HAS FAILED TO FULFIL ITS COMMUNITY OBLIGATIONS

Nº 71/2005 : 21 July 2005Judgment of the Court of Justice in Case C-231/03ConameFreedom to provide servicesTHE AWARD BY A MUNICIPALITY OF A PUBLIC SERVICE CONCESSION TO A COMPANY WITH PREDOMINANTLY PUBLIC SHARE CAPITAL MUST COMPLY WITH TRANSPARENCY CRITERIA

Nº 70/2005 : 14 July 2005Judgments of the Court of Justice in Cases C-135/03,C-107/04Commission / Spain and othersAgricultureTHE REGULATION ON ORGANIC PRODUCTION FROM NOW ON PRECLUDES THE USE, IN SPAIN, OF THE TERMS "BIOLÓGICO' OR "BIO' IN THE ADVERTISING MATERIAL OF PRODUCTS WHICH HAVE NOT BEEN ORGANICALLY PRODUCED

Nº 69/2005 : 14 July 2005Judgments of the Court of Justice in Cases C-57/02 P, C-65/02P-C-73/02PAcerinox / Commissionsteel industryTHE COURT OF JUSTICE ESSENTIALLY CONFIRMS THE JUDGMENT OF THE COURT OF

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FIRST INSTANCE CONCERNING THE PARTICIPATION OF PRODUCERS OF STAINLESS STEEL FLAT PRODUCTS IN A CARTEL IN THE COMMON MARKET

Nº 68/2005 : 12 July 2005Judgment of the Court of Justice in Case C-304/02Commission / FranceAgricultureFOR THE FIRST TIME THE COURT ORDERS A MEMBER STATE TO PAY BOTH A PERIODIC PENALTY PAYMENT AND A LUMP SUM FINE FOR A SERIOUS AND PERSISTENT FAILURE TO COMPLY WITH COMMUNITY LAW

Nº 67/2005 : 12 July 2005Judgment of the Court of Justice in Case C-198/03 PCommission / CEVA Santé animale e.a.AgricultureTHE COURT SETS ASIDE THE JUDGMENT OF THE COURT OF FIRST INSTANCE FINDING THAT THE COMMISSION HAD UNLAWFULLY FAILED TO ACT IN REGARD TO THE ESTABLISHMENT OF MAXIMUM RESIDUE LIMITS FOR VETERINARY MEDICINAL PRODUCTS

Nº 66/2005 : 12 July 2005Judgment of the Court of Justice in Joined Cases C-154/04, C-155/04Alliance for natural health e.a.Approximation of lawsTHE COURT CONFIRMS THE VALIDITY OF THE COMMUNITY DIRECTIVE ON FOOD SUPPLEMENTS

Nº 65/2005 : 7 July 2005Judgment of the Court of Justice in Case C-353/03NestléApproximation of lawsTHE DISTINCTIVE CHARACTER REQUIRED FOR REGISTRATION OF A MARK MAY BE ACQUIRED THROUGH ITS USE AS PART OF AN ALREADY REGISTERED TRADE MARK

Nº 64/2005 : 7 July 2005Judgment of the Court of Justice in Case C-147/03Commission / AustriaResearch, information, education, statisticsTHE LEGISLATION ON ADMISSION TO AUSTRIAN UNIVERSITIES IS CONTRARY TO COMMUNITY LAW

Nº 63/2005 : 7 July 2005Judgment of the Court of Justice in Case C-418/02Praktiker Bau- und HeimwerkermärkteApproximation of lawsTHE COURT OF JUSTICE EXTENDS TRADE-MARK PROTECTION BY ALLOWING SERVICE MARKS FOR RETAIL TRADE

Nº 61/2005 : 30 June 2005Judgment of the Court of Justice in Case C-537/03Candolin e.a.Approximation of lawsA SYSTEM OF COMPULSORY MOTOR VEHICLE INSURANCE WHICH REFUSES OR LIMITS, IN A DISPROPORTIONATE MANNER, COMPENSATION FOR A PASSENGER WHO HAS

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CONTRIBUTED TO THE OCCURRENCE OF THE DAMAGE OR INJURY INFRINGES COMMUNITY LAW

Nº 60/2005 : 28 June 2005Judgment of the Court of Justice in Joined Cases C-189/02 P,C-202/02 P,C-205/02 P-C-208/02 P, C-213/02 PDansk Rørindustri / CommissionCompetitionTHE COURT OF JUSTICE UPHOLDS THE JUDGMENTS OF THE COURT OF FIRST INSTANCE CONCERNING A CARTEL ON THE EUROPEAN DISTRICT HEATING MARKET

Nº 59/2005 : 16 June 2005Judgment of the Court of Justice in Case C-105/03PupinoJustice and Home AffairsTHE COURT OF JUSTICE CONFIRMS THAT THE PRINCIPLE THAT NATIONAL LAW MUST BE INTERPRETED IN CONFORMITY WITH COMMUNITY LAW APPLIES IN THE AREA OF POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Nº 58/2005 : 15 June 2005Judgment of the Court of First Instance in Case T-349/03Corsica Ferries France / CommissionState aidTHE COMMISSION'S DECISION DECLARING THE RESTRUCTURING AID FOR SNCM PLANNED BY FRANCE COMPATIBLE WITH THE COMMON MARKET IS ANNULLED

Nº 57/2005 : 15 June 2005Judgment of the Court of First Instance in joined cases T-71/03,T-74/03,T-87/03,T-91/03Tokai Carbon / CommissionCompetitionTHE COURT OF FIRST INSTANCE LARGELY CONFIRMS THE COMMISSION'S DECISION CONCERNING A CARTEL ON THE SPECIALITY GRAPHITE MARKET

Nº 56/2005 : 15 June 2005Judgment of the Court of First Instance in Case T-171/02Regione Autonoma della Sardegna / CommissionState aidSTATE AID: THE COURT OF FIRST INSTANCE REVIEWS FOR THE FIRST TIME THE LEGALITY OF A DECISION TAKEN BY THE COMMISSION AFTER BEING REQUESTED TO DO SO WITHIN TWO MONTHS

Nº 54/2005 : 7 June 2005Judgment of the Court of Justice in Case C-543/03Dodl et OberhollenzerSocial security for migrant workersTHERE ARE EXCEPTIONS TO THE PRINCIPLE THAT THE STATE OF EMPLOYMENT IS PRIMARILY RESPONSIBLE FOR PAYMENT OF FAMILY BENEFITS WHERE EMPLOYED PERSONS ARE ENTITLED TO THE SAME FAMILY BENEFITS BOTH IN THE STATE OF THEIR EMPLOYMENT AND - SOLELY ON THE GROUND OF THEIR RESIDENCE THERE - IN THE STATE IN WHICH THEY LIVE WITH THEIR FAMILY

Nº 53/2005 : 7 June 2005Judgment of the Court of Justice in Case C-17/03Vereniging voor Energie, Milieu en Water e.a.

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Energy policyTHE GRANT OF PREFERENTIAL ACCESS TO THE CROSS-BORDER ELECTRICITY TRANSMISSION NETWORK TO AN UNDERTAKING WHICH PREVIOUSLY HELD A MONOPOLY, BECAUSE OF CONTRACTS CONCLUDED PRIOR TO THE LIBERALISATION OF THE MARKET, AMOUNTS TO DISCRIMINATION PROHIBITED BY THE SECOND ELECTRICITY DIRECTIVE

Nº 52/2005 : 2 June 2005Judgment of the Court of Justice in Case C-174/04Commission / ItalyFree movement of capitalTHE ITALIAN LAW SUSPENDING VOTING RIGHTS ATTACHING TO HOLDINGS EXCEEDING 2% OF THE CAPITAL OF UNDERTAKINGS IN THE ELECTRICITY AND GAS SECTORS INFRINGES THE PRINCIPLE OF FREE MOVEMENT OF CAPITAL

Nº 51/2005 : 2 June 2005Judgment of the Court of Justice in Case C-89/04MediakabelFreedom to provide servicesA PAY-PER-VIEW SERVICE WHICH CONSISTS OF TRANSMITTING TELEVISION PROGRAMMES INTENDED FOR RECEPTION BY THE PUBLIC AND WHICH IS NOT SUPPLIED ON INDIVIDUAL DEMAND IS A TELEVISION BROADCASTING SERVICE

Nº 48/2005 : 31 May 2005Judgment of the Court of Justice in Case C-53/03Syfait e.a.CompetitionTHE COURT OF JUSTICE HAS NO JURISDICTION TO ANSWER THE QUESTIONS REFERRED BY THE GREEK COMPETITION COMMISSION

Nº 47/2005 : 31 May 2005Judgment of the Court of Justice in Case C-438/02HannerFree movement of goodsTHE SWEDISH MONOPOLY ON RETAIL SALES OF MEDICINAL PREPARATIONS IS CONTRARY TO COMMUNITY LAW

Nº 46/2005 : 26 May 2005Judgment of the Court of Justice in Case C-212/03Commission / FranceFree movement of goodsTHE AUTHORISATION PROCEDURE FOR IMPORTATION INTO FRANCE OF MEDICINAL PRODUCTS FOR PERSONAL USE NOT EFFECTED BY PERSONAL TRANSPORT IS INCOMPATIBLE WITH THE TREATY RULES CONCERNING THE FREE MOVEMENT OF GOODS

Nº 45/2005 : 26 May 2005Judgment of the Court of Justice in Case C-465/03KretztechnikTaxationA COMPANY MAY DEDUCT INPUT TAX ON SUPPLIES RECEIVED IN CONNECTION WITH A NEW SHARE ISSUE PROVIDED THAT ITS ECONOMIC ACTIVITIES ARE SUBJECT TO VAT

Nº 44/2005 : 24 May 2005

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Judgment of the Court of Justice in Case C-244/03France / Parlement et ConseilApproximation of lawsTHE COURT DISMISSES THE ACTION BROUGHT AGAINST THE PROGRESSIVE BAN ON ANIMAL TESTING FOR THE PURPOSE OF DEVELOPING AND MARKETING COSMETICS

Nº 43/2005 : 12 May 2005Judgment of the Court of Justice in Case C-415/03Commission / GreeceState aidJUDGMENT GIVEN AGAINST GREECE FOR NOT TAKING ALL THE MEASURES NECESSARY FOR REPAYMENT OF THE AID GRANTED TO OLYMPIC AIRWAYS WHICH WAS FOUND TO BE INCOMPATIBLE WITH THE COMMON MARKET

Nº 42/2005 : 12 May 2005Judgment of the Court of Justice in Case C-347/03Regione autonoma Friuli-Venezia Giulia et ERSAExternal relationsTHE PROHIBITION ON USING THE NAME "TOCAI' FOR CERTAIN ITALIAN WINES, ARISING FROM AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF HUNGARY, IS VALID AS REGARDS THE ASPECTS EXAMINED BY THE COURT

Nº 41/2005 : 11 May 2005Judgment of the Court of First Instance in joined cases T-160/02-T-162/02 Naipes Heraclio Fournier / OHMI - France Cartes (Epée d'un jeu de cartes)Community Trade Mark

Nº 38/2005 : 3 May 2005Judgment of the Court of Justice in Joined Cases C-387/02, C-391/02, C-403/02BerlusconiFreedom to provide servicesTHE AUTHORITIES OF A MEMBER STATE MAY NOT, IN CRIMINAL PROCEEDINGS RELATING TO FALSE ACCOUNTING, RELY ON A DIRECTIVE AS SUCH AGAINST AN ACCUSED PERSON

Nº 37/2005 : 26 April 2005Judgment of the Court of Justice in Case C-494/01Commission / IrelandApproximation of lawsTHE COURT GIVES JUDGMENT AGAINST IRELAND FOR GENERAL AND PERSISTENT BREACHES OF THE WASTE DIRECTIVE

Nº 35/2005 : 14 April 2005Judgment of the Court of Justice in Joined Cases C-128/03, C-129/03AEMCompetitionAN INCREASED CHARGE FOR A TRANSITIONAL PERIOD FOR ACCESS TO AND USE OF THE ELECTRICITY TRANSMISSION SYSTEM IN ITALY FOR HYDRO AND GEOTHERMIC ELECTRICITY PRODUCERS IS NOT STATE AID PER SE IN FAVOUR OF THOSE COMPANIES NOT SUBJECT TO THE INCREASED CHARGE

Nº 34/2005 : 14 April 2005

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Judgment of the Court of Justice in Case C-341/02Commission / GermanyFreedom to provide servicesA MEMBER STATE IS NOT OBLIGED, WHEN CHECKING TO ENSURE THAT THE MINIMUM WAGE IS BEING PAID TO WORKERS POSTED FROM ANOTHER MEMBER STATE, TO TAKE ALL ALLOWANCES AND SUPPLEMENTS INTO ACCOUNT

Nº 33/2005 : 13 April 2005Judgment of the Court of First Instance in Case T-2/03Verein für Konsumenteninformation / CommissionLaw governing the institutionsTHE COURT ANNULS A COMMISSION DECISION REJECTING IN ITS ENTIRETY A REQUEST FOR ACCESS TO THE ADMINISTRATIVE FILE IN A COMPETITION CASE CONCERNING AUSTRIAN BANKS

Nº 32/2005 : 12 April 2005Judgment of the Court of Justice in Case C-265/03SimutenkovExternal relationsTHE FIRST JUDGMENT ON THE EFFECTS OF A PARTNERSHIP AGREEMENT: EQUAL WORKING CONDITIONS FOR RUSSIAN PROFESSIONAL FOOTBALL PLAYERS IN NATIONAL COMPETITIONS WITHIN THE MEMBER STATES

Nº 31/2005 : 12 April 2005Judgment of the Court of Justice in Case C-145/03KellerSocial security for migrant workersTHE COSTS OF MEDICAL TREATMENT OF A PERSON HOLDING FORMS E 111 AND E 112 WHO, FOR URGENT MEDICAL REASONS, HAS TO BE ADMITTED TO HOSPITAL IN A NON-MEMBER COUNTRY MUST BE BORNE, IN ACCORDANCE WITH ITS RULES, BY THE SOCIAL SECURITY INSTITUTION OF THE MEMBER STATE OF STAY ON BEHALF OF THE INSTITUTION OF THE MEMBER STATE OF AFFILIATION

Nº 26/2005 : 17 March 2005Judgment of the Court of Justice in Case C-228/03The Gilette Company e.a.Approximation of lawsWITHOUT BEING THE OWNER OF A TRADE MARK, A THIRD PARTY MAY USE IT IN ORDER TO INDICATE THE INTENDED PURPOSE OF A PRODUCT WHICH IT MARKETS

Nº 25/2005 : 15 March 2005Judgment of the Court of Justice in Case C-209/03BidarPrinciples of Community lawASSISTANCE COVERING MAINTENANCE COSTS OF STUDENTS FALLS WITHIN THE SCOPE OF APPLICATION OF THE EC TREATY FOR THE PURPOSES OF THE PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY

Nº 24/2005 : 15 March 2005Judgment of the Court of Justice in Case C-160/03Espagne /EurojustPrinciples of Community lawTHE ACTION BROUGHT BY SPAIN CHALLENGING CALLS FOR APPLICATIONS ISSUED BY EUROJUST IS INADMISSIBLE

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Nº 21/2005 : 10 March 2003Judgment of the Court of Justice in Case C-39/04Laboratoires FournierFreedom to provide servicesFRENCH LEGISLATION WHICH RESTRICTS THE BENEFIT OF A TAX CREDIT ONLY TO RESEARCH CARRIED OUT IN FRANCE RESTRICTS THE FREEDOM TO PROVIDE SERVICES

Nº 20/2005 : 10 March 2005Judgment of the Court of Justice in Case C-336/03easyCarEnvironment and consumersDISTANCE CONTRACTS FOR CAR HIRE ARE NOT COVERED BY THE RIGHT TO A FULL REFUND IN THE EVENT OF CANCELLATION BY THE CONSUMER

Nº 19/2005 : 10 March 2005Judgment of the Court of Justice in Case C-33/03Commission / United KingdomTaxationTHE UNITED KINGDOM ORDER PERMITTING EMPLOYERS TO DEDUCT VAT ON SUMS REIMBURSED TO EMPLOYEES FOR THE VEHICLE FUEL THEY BUY IS INCOMPATIBLE WITH COMMUNITY LAW

Nº 18/2005 : 9 March 2005Judgment of the Court of First Instance in Case T-33/03 Osotspa / OHIMCommunity Trade Mark

Nº 16/2005 : 1 March 2005Judgment of the Court of Justice in Case C-377/02Van ParijsAgricultureA LEGAL PERSON CANNOT PLEAD BEFORE A NATIONAL COURT THE INCOMPATIBILITY OF COMMUNITY LEGISLATION WITH CERTAIN RULES OF THE WORLD TRADE ORGANISATION (WTO)

Nº 14/2005 : 22 February 2005Judgment of the Court of Justice in Case C-141/02 PCommission / max.mobil Telekommunikation ServiceCompetitionTHE EUROPEAN COMMISSION IS NOT OBLIGED TO ACT ON A COMPLAINT BY AN INDIVIDUAL BY BRINGING PROCEEDINGS AGAINST A STATE MEASURE RELATING TO PUBLIC UNDERTAKINGS OR UNDERTAKINGS ENJOYING SPECIAL OR EXCLUSIVE RIGHTS

Nº 12/2005 : 17 February 2005Judgment of the Court of Justice in Joined Cases C-453/02, C-462/02Linneweber-AkritidisTaxationTHE OPERATION OF GAMES OF CHANCE OR GAMING MACHINES IN PLACES OTHER THAN LICENSED PUBLIC CASINOS MAY NOT BE SUBJECT TO VAT WHERE THE SAME ACTIVITIES IN LICENSED PUBLIC CASINOS ARE EXEMPT FROM VAT

Nº 11/2005 : 15 February 2005

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Judgments of the Court of Justice in Cases C-12/03 P, C-13/03 PCommission / Tetra LavalCompetitionTHE APPEAL AGAINST THE JUDGMENT OF THE COURT OF FIRST INSTANCE ANNULLING THE DECISION OF THE EUROPEAN COMMISSION PROHIBITING THE MERGER OF TETRA LAVAL AND SIDEL IS DISMISSED

Nº 8/2005 : 26 January 2005Judgment of the Court of First Instance in Case T-193/02Piau / CommissionFreedom to provide servicesTHE FIFA REGULATIONS ON THE OCCUPATION OF FOOTBALL PLAYERS' AGENTS ARE NOT CONTRARY TO COMMUNITY COMPETITION LAW

Nº 6/2005 : 20 January 2005Judgment of the Court of Justice in Case C-302/02Nils Laurin EffingFreedom of movement for personsNATIONAL LEGISLATION WHICH MAKES FAMILY BENEFITS PAID TO THE MEMBERS OF THE FAMILY OF A PRISONER WHO IS A COMMUNITY NATIONAL SUBJECT TO THE CONDITION THAT HE REMAIN IN PRISON IN THAT STATE IS NOT CONTRARY TO THE PRINCIPLE OF EQUALITY

Nº 5/2005 : 13 January 2005Judgment of the Court of Justice in Case C-257/01Commission / CouncilFreedom of movement for personsTHE COURT OF JUSTICE ADJUDICATES FOR THE FIRST TIME ON THE EUROPEAN INSTITUTIONS' IMPLEMENTING POWERS IN THE CONTEXT OF IMPLEMENTATION OF THE SCHENGEN AGREEMENT

Nº 4/2005 : 13 January 2005Judgment of the Court of Justice in Case C-117/03Società Italiana Dragaggi e.a.Environment and consumersTHE PROTECTIVE REGIME LAID DOWN BY THE DIRECTIVE ON THE CONSERVATION OF NATURAL HABITATS APPLIES ONLY TO SITES THAT HAVE BEEN PLACED ON THE LIST OF SITES OF COMMUNITY IMPORTANCE ESTABLISHED BY THE COMMISSION

Nº 2/2005 : 11 January 2005Judgment of the Court of Justice in Case C-26/03Stadt Halle e.a.

Freedom to provide servicesTHE AWARD OF A PUBLIC SERVICE CONTRACT TO AN UNDERTAKING WITH PARTLY PRIVATE CAPITAL, REGARDLESS OF THE PERCENTAGE OF THE HOLDING, DOES NOT CONSTITUTE AN IN-HOUSE OPERATION EXEMPTED FROM THE COMMUNITY PUBLIC PROCUREMENT RULES

2004

Nº 100/2004 : 14 December 2004 Judgment of the Court of First Instance in Case T-317/02 Fédération des Industrie Condimentaires de France / Commission

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External relations THE COURT OF FIRST INSTANCE RULES FOR THE FIRST TIME ON THE TRADE BARRIERS REGULATION ("TBR")

Nº 99/2004 : 14 December 2004Judgments of the Court of Justice in Cases C-434/02 - C-210/03Arnold AndréApproximation of lawsTHE COURT DECLARES THE PROHIBITION ON TOBACCO PRODUCTS FOR ORAL USE TO BE VALID

Nº 98/2004 : 14 December 2004Judgments of the Court of Justice in Cases C-463/01 - C-309/02Commission / GermanyFree movement of goodsTHE DEPOSIT AND RETURN OBLIGATIONS INTRODUCED IN GERMANY FOR NON-REUSABLE DRINKS PACKAGING, WHILST CONTRIBUTING TO ACHIEVING ONE OF THE GENERAL OBJECTIVES OF ENVIRONMENTAL PROTECTION POLICY, HINDER THE FREE MOVEMENT OF GOODS IF PRODUCERS DO NOT HAVE A REASONABLE TRANSITIONAL PERIOD AND A GUARANTEE THAT THE NEW SYSTEM WILL BE OPERATIONAL WHEN THE OLD SYSTEM CEASES TO EXIST

Nº 96/2004 : 9 December 2004Judgment of the Court of Justice in Case C-460/02 Commission / ItalieTransport

Nº 95/2004 : 18 November 2004 Judgment of the Court of Justice in Case C-284/03 Temco Europe Taxation THE COURT CLARIFIES THE CONCEPT OF LETTING OF IMMOVABLE PROPERTY FOR THE PURPOSES OF THE SIXTH VAT DIRECTIVE

Nº 93/2004 : 16 November 2004 Judgment of the Court of Justice in Case C-245/02 Anheuser-Busch External relations THE USE OF A TRADE NAME WHICH IS IDENTICAL OR SIMILAR TO A TRADE MARK MAY INFRINGE THE EXCLUSIVE RIGHTS CONFERRED BY THE TRADE MARK

Nº 91/2004 : 11 November 2004 Judgment of the Court of Justice in Joined Cases C-183/02 P-C-187/02 P, C-186/02 P-C-188/02 P Daewoo Electronics Manufacturing España/ Commission State aid THE APPEALS AGAINST THE DECISIONS OF THE COURT OF FIRST INSTANCE CONCERNING THE FISCAL AID GRANTED TO DEMESA AND RAMONDÍN ARE DISMISSED

Nº 90/2004 : 10 November 2004Judgments of the Court of First Instance in cases T-396/02, T-402/02Storck / OHMICommunity Trade MarkTHE COURT OF FIRST INSTANCE HAS DISMISSED STORCK'S ACTIONS AGAINST OHIM'S

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DECISIONS NOT TO REGISTER TWO MARKS CONCERNING THE "WERTHER'S ORIGINAL" SWEET AS COMMUNITY TRADE MARKS

Nº 89/2004 : 9 November 2004 Judgments of the Court of Justice in Cases C-46/02 e.a. Fixtures Marketing Approximation of laws NEITHER THE OBTAINING, VERIFICATION NOR PRESENTATION OF THE CONTENTS OF A FOOTBALL FIXTURE LIST OR A SCHEDULE OF HORSE RACES CONSTITUTE SUBSTANTIAL INVESTMENT GIVING RISE TO PROTECTION AGAINST THE USE OF THE DATA BY THIRD PARTIES

Nº 85/2004 : 21 October 2004 Judgment of the Court of Justice in Case C-8/03 BBL Taxation ACTIVITIES CARRIED OUT BY OPEN-ENDED INVESTMENT COMPANIES ("SICAVs') ARE ECONOMIC ACTIVITIES AND THOSE COMPANIES ARE THEREFORE TAXABLE PERSONS FOR VAT PURPOSES

Nº 84/2004 : 19 October 2004Judgment of the Court of Justice in Case C-200/02Chen e.a.Freedom of movement for personsA YOUNG CHILD WHO IS A NATIONAL OF A MEMBER STATE IS ENTITLED TO RESIDE IN ANOTHER MEMBER STATE IF HE OR SHE IS COVERED BY SICKNESS INSURANCE AND HAS SUFFICIENT RESOURCES

Nº 82/2004 : 14 October 2004 Judgment of the Court of Justice in Case C-36/02 Omega Freedom to provide services COMMUNITY LAW DOES NOT PRECLUDE THE PROHIBITION IMPOSED IN GERMANY ON THE COMMERCIAL EXPLOITATION OF GAMES SIMULATING HOMICIDAL ACTS

Nº 79/2004 : 12 October 2004 Judgment of the Court of Justice in Case C-222/02 Paul e.a. Approximation of laws NONE OF THE DIRECTIVES ON BANKING LAW CONFERS ON INDIVIDUALS THE RIGHT TO REQUIRE THE BANKING SUPERVISORY BODY TO ADOPT APPROPRIATE SUPERVISORY MEASURES OR TO CLAIM THAT THAT BODY OR THE STATE CONCERNED IS LIABLE IN THE EVENT OF DEFECTIVE SUPERVISION, IF THEY ARE ENSURED THE COMPENSATION PRESCRIBED BY THE DIRECTIVE ON DEPOSIT-GUARANTEE SCHEMES

Nº 75/2004 : 7 October 2004 Judgment of the Court of Justice in Case C-255/01 Markopoulos e.a. Freedom to provide services ACCOUNTANTS PREVIOUSLY APPROVED IN A MEMBER STATE AND POSSESSING QUALIFICATIONS EQUIVALENT TO THOSE REQUIRED BY THE HOST MEMBER STATE MAY BE EXEMPTED FROM THE REQUIREMENT TO PASS AN EXAMINATION IN ORDER TO PRACTISE THEIR PROFESSION

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Nº 74/2004 : 5 October 2004 Judgment of the Court of Justice in Case C-442/02 CaixaBank France Freedom to provide services THE COURT RULES AGAINST THE FRENCH LEGISLATION PROHIBITING THE PAYMENT OF INTEREST ON "SIGHT" ACCOUNTS

Nº 73/2004 : 5 October 2004 Judgment of the Court of Justice in Case C-475/01 Commission / Greece Taxation THE RATE OF EXCISE DUTY ON OUZO DOES COMPLY WITH COMMUNITY LAW

Nº 72/2004 : 5 October 2004 Judgment of the Court of Justice in Joined Cases C-397/01-C-403/01 Pfeiffer Social policy MAXIMUM WEEKLY WORKING TIME, INCLUDING DUTY TIME, CANNOT EXCEED 48 HOURS FOR RESCUE WORKERS IN AN EMERGENCY MEDICAL RESCUE SERVICE

Nº 71/2004 : 30 September 2004 Judgment of the Court of First Instance in Case T-313/02 Meca-Medina et Majcen / Commission Competition THE INTERNATIONAL OLYMPIC COMMITTEE'S ANTI-DOPING LEGISLATION IS NOT SUBJECT TO COMMUNITY COMPETITION LAW

Nº 69/2004 : 28 September 2004 Judgment of the Court of First Instance in Case T-310/00 MCI / Commission Competition THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION DECISION PROHIBITING THE MERGER OF WORLDCOM AND SPRINT

Nº 68/2004 : 28 September 2004 Nº 65/2004 : 16 September 2004

Judgment of the Court of Justice in Case C-329/02 P SAT.1 SatellitenFernsehen / OHMI Community Trade Mark ELEMENTS OF A TRADE MARK EACH OF WHICH IS DEVOID OF ANY DISTINCTIVE CHARACTER MAY, WHEN COMBINED, HAVE SUCH DISTINCTIVE CHARACTER

Nº 63/2004 : 14 September 2004 Judgment of the Court of Justice in Case C-19/03 Verbraucher-Zentrale Hamburg Economic policy THE COURT STATES WHICH ROUNDING RULES APPLY TO MONETARY AMOUNTS AND TARIFFS FOR GOODS AND SERVICES IN CONNECTION WITH THE INTRODUCTION OF THE EURO

Nº 60/2004 : 7 September 2004 Judgments of the Court of Justice in Cases C-346/02,C-347/02 Commission / Luxembourg

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Freedom to provide services THE COURT OF JUSTICE DOES NOT DECLARE UNLAWFUL THE BONUS-MALUS SYSTEMS ESTABLISHED IN FRANCE AND LUXEMBOURG FOR MOTOR-VEHICLE INSURANCE CONTRACTS

Nº 58/2004 : 15 July 2004 Judgment of the Court of Justice in Case C-365/02 Lindfors Taxation A VEHICLE IMPORTED INTO FINLAND IN CONNECTION WITH A TRANSFER OF RESIDENCE NEED NOT BE EXEMPTED FROM FINNISH CAR TAX

Nº 57/2004 : 13 July 2004 Judgment of the Court of Justice in Case C-27/04 Commission / Council Economic policy IN THIS JUDGMENT THE COURT OF JUSTICE CLARIFIES THE POWERS OF THE COMMISSION AND THE COUNCIL RELATING TO THE EXCESSIVE DEFICIT PROCEDURE

Nº 56/2004 : 13 July 2004 Judgments of the Court of Justice in Cases C-262/02, C-429/02 Commission / France, Bacardi Freedom to provide services THE FRENCH BAN ON INDIRECT TELEVISION ADVERTISING FOR ALCOHOLIC BEVERAGES IS COMPATIBLE WITH COMMUNITY LAW

Nº 55/2004 : 8 July 2004Judgments of the Court of First Instance in cases T-44/00 and othersMannesmannröhren-Werke / CommissionCompetitionTHE COURT OF FIRST INSTANCE REDUCES THE FINES IMPOSED BY THE EUROPEAN COMMISSION ON STEEL TUBE PRODUCERS BY 13 MILLION EUROS

Nº 50/2004 : 29 June 2004 Judgment of the Court of Justice in Case C-110/02 Commission / Council State aid THE COURT OF JUSTICE ANNULS THE DECISION OF THE COUNCIL AUTHORISING PORTUGAL TO GRANT AID TO PORTUGUESE PIG FARMERS WHO WERE BENEFICIARIES OF UNLAWFUL AID GRANTED IN 1994 AND 1998 AND DECLARED INCOMPATIBLE WITH THE COMMON MARKET BY THE COMMISSION

Nº 48/2004 : 22 June 2004 Judgment of the Court of Justice in Case C-439/02 Commission / France Transport THE COURT DECLARES THAT FRANCE HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER COMMUNITY LAW IN RESPECT OF MARITIME SAFETY

Nº 35/2004 : 29 April 2004 Judgment of the Court of First Instance in joined cases T-236/01and others Tokai Carbon / Commission Competition Tokai Carbon, SGL Carbon, Nippon Carbon, Showa Denko, GrafTech International, SEC Corporation and C/G Group v Commission of the European Communities

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Nº 33/2004 : 29 April 2004 Judgment of the Court of Justice in Case C-476/01 Kapper Transport A MEMBER STATE IS NOT ENTITLED TO REFUSE TO RECOGNISE A DRIVING LICENCE ISSUED BY ANOTHER MEMBER STATE ON THE GROUND THAT, ACCORDING TO THE INFORMATION AVAILABLE TO THE FIRST MEMBER STATE, THE HOLDER HAD NOT, WHEN THE LICENCE WAS ISSUED, TAKEN UP NORMAL RESIDENCE IN THE MEMBER STATE WHICH ISSUED THE LICENCE

Nº 32/2004 : 29 April 2004 Judgment of the Court of Justice in Case C-418/01 IMS Health Competition THE REFUSAL BY AN UNDERTAKING IN A DOMINANT POSITION TO GRANT A LICENCE FOR A COPYRIGHT ONLY CONSTITUTES AN ABUSE OF A DOMINANT POSITION IN CERTAIN CIRCUMSTANCES

Nº 27/2004 : 1 April 2004 Judgment of the Court of Justice in Case C-99/02 Commission / Italie State aid THE COURT RULES AGAINST ITALY FOR NOT HAVING TAKEN ANY MEASURES TO RECOVER UNLAWFULLY GRANTED AID FOR EMPLOYMENT UNDER THE TRAINING AND WORK EXPERIENCE CONTRACTS

Nº 26/2004 : 1 April 2004Judgment of the Court of Justice in Case C-263/02 PCommission / Jégo-QuéréAgricultureTHE COURT OF JUSTICE HAS CONFIRMED ITS CASE-LAW RELATING TO THE CIRCUMSTANCES IN WHICH AN INDIVIDUAL MAY SEEK THE ANNULMENT OF A COMMUNITY REGULATION

Nº 25/2004 : 25 March 2004Judgment of the Court of Justice in Joined Cases C-231/00, C-303/00, C-451/00Cooperativa LattepiùAgricultureA MEMBER STATE IS ENTITLED TO CORRECT INDIVIDUAL REFERENCE QUANTITIES AND TO RECALCULATE THE ADDITIONAL LEVIES PAYABLE, AFTER THE FINAL DATE FOR PAYMENT FOR THE MILK MARKETING YEAR

Nº 23/2004 : 23 March 2004 Judgment of the Court of Justice in Case C-234/02 P Médiateur / Lamberts Law governing the institutions THE COMMUNITY COURTS HAVE JURISDICTION TO HEAR AN ACTION FOR DAMAGES BROUGHT AGAINST THE OMBUDSMAN

Nº 22/2004 : 23 March 2004 Judgment of the Court of Justice in Case C-138/02 Collins

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Principles of Community law THE COURT EXAMINES THE EXTENT TO WHICH NATIONAL LEGISLATION MAY MAKE ENTITLEMENT TO A JOBSEEKER'S ALLOWANCE CONDITIONAL ON A RESIDENCE REQUIREMENT

Nº 19/2004 : 18 March 2004 Judgment of the Court of Justice in Case C-342/01 Merino Gómez Social policy A WORKER MUST BE ABLE TO TAKE HER ANNUAL LEAVE DURING A PERIOD OTHER THAN HER MATERNITY LEAVE EVEN IF THE LATTER COINCIDES WITH THE GENERAL PERIOD OF ANNUAL LEAVE FIXED FOR THE ENTIRE WORKFORCE BY A COLLECTIVE AGREEMENT

Nº 17/2004 : 18 March 2004 Judgment of the Court of Justice in Case C-8/02 Leichtle Freedom to provide services GERMAN LEGISLATION APPLYING TO CIVIL SERVANTS AND GOVERNING THE REIMBURSEMENT OF EXPENDITURE IN RESPECT OF A HEALTH CURE IS, IN PART, CONTRARY TO THE FREEDOM TO PROVIDE SERVICES

Nº 16/2004 : 16 March 2004 Judgments of the Court of Justice in Cases C-264/01, C-306/01, C-354/01, C-355/01 AOK-Bundesverband e.a. Competition AOK Bundesverband and Others v Ichthyol-Gesellschaft Cordes, Hermani & Co. and Others

Nº 14/2004 : 11 March 2004 Judgment of the Court of Justice in Case C-182/01 Saatgut-Treuhandverwaltungsgesellschaft Agriculture HOLDERS OF COMMUNITY PLANT VARIETY RIGHTS ARE FREE TO CHOOSE THE LEGAL FORM THEY WISH TO TAKE

Nº 13/2004 : 11 March 2004 Judgment of the Court of Justice in Case C-9/02 de Lasteyrie du Saillant Freedom to provide services FRENCH LEGISLATION TAXING UNREALISED INCREASES IN VALUE SIMPLY BECAUSE THE TAXPAYER HAS MOVED TO ANOTHER MEMBER STATE INFRINGES THE FREEDOM OF ESTABLISHMENT

Nº 12/2004 : 5 February 2004 Judgment of the Court of Justice in Case C-24/00 Commission / France Free movement of goods THE FRENCH PROCEDURE FOR PRIOR AUTHORISATION FOR THE MARKETING OF FOODSTUFFS FOR HUMAN CONSUMPTION ENRICHED WITH NUTRIENTS, MANUFACTURED AND MARKETED IN THE MEMBER STATES, HINDERS THE FREE MOVEMENT OF GOODS.

Nº 10/2004 : 22 January 2004

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Judgment of the Court of Justice in Case C-353/01 P Mattila / Council and Commission Law governing the institutions THE COURT SETS ASIDE THE DECISION OF THE COURT OF FIRST INSTANCE AND THE DECISIONS OF THE COMMISSION AND THE COUNCIL REFUSING MR MATTILA ACCESS TO CERTAIN DOCUMENTS

Nº 7/2004 : 13 January 2004 Judgment of the Court of Justice in Case C-453/00 Kühne & Heitz Free movement of goods AN ADMINISTRATIVE BODY MAY BE REQUIRED TO RE-EXAMINE DECISIONS GIVEN BY IT WHICH HAVE BECOME FINAL WHERE IT BECOMES APPARENT FROM SUBSEQUENT JUDGMENTS OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES THAT THOSE DECISIONS WERE BASED ON A MISINTERPRETATION OF COMMUNITY LAW

Nº 4/2004 : 7 January 2004 Judgment of the Court of Justice in Case C-117/01 K.B. Social policy NATIONAL LEGISLATION WHICH, IN FAILING TO RECOGNISE TRANSSEXUALS’ NEW SEXUAL IDENTITY, DENIES THEM THE RIGHT TO MARRY, IS CONTRARY TO COMMUNITY LAW IF ITS EFFECT IS TO DEPRIVE THEM OF ANY ENTITLEMENT TO A SURVIVOR’S PENSION

Nº 2/2004 : 7 January 2004 Judgments of the Court of Justice in Cases C-204/00 P and others Aalborg Portland / Commission Competition THE COURT OF JUSTICE UPHOLDS IN SUBSTANCE THE JUDGMENT DELIVERED BY THE COURT OF FIRST INSTANCE IN 2000 CONCERNING THE CEMENT CARTEL

Nº 1/2004 : 6 January 2004 Judgment of the Court of Justice in Joined Cases C-2/01 P and C-3/01 P Bundesverband der Arzneimittel-Importeure / Bayer

Competition THE COURT OF JUSTICE CONFIRMS THE JUDGMENT OF THE COURT OF FIRST INSTANCE

CONCERNING AN ALLEGED AGREEMENT BETWEEN BAYER AND ITS SPANISH AND FRENCH WHOLESALERS SEEKING TO PREVENT PARALLEL IMPORTS OF THE MEDICINAL PRODUCT

ADALAT INTO THE UNITED KINGDOM

2003

Nº 116/2003 : 17 December 2003 Judgment of the Court of First Instance in Case T-219/99 British Airways / Commission Competition THE COURT OF FIRST INSTANCE UPHOLDS THE RULING AGAINST BRITISH AIRWAYS FOR ABUSE OF A DOMINANT POSITION

Nº 114/2003 : 11 December 2003 Judgments of the Court of First Instance in cases T-56/99,T-59/99,T-61/99,T-65/99, T-66/99 Marlines / Commission

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Competition THE COURT OF FIRST INSTANCE CONFIRMS THE SUBSTANCE OF THE COMMISSION'S DECISION SANCTIONING ANTI-COMPETITIVE CARTELS IN THE GREECE-ITALY SHIPPING SECTOR

Nº 113/2003 : 11 December 2003 Judgment of the Court of Justice in Case C-322/01 Deutscher Apothekerverband Free movement of goods A NATIONAL PROHIBITION ON THE SALE OF MEDICINAL PRODUCTS BY MAIL ORDER IS CONTRARY TO COMMUNITY LAW WHERE IT APPLIES TO NON-PRESCRIPTION MEDICINES WHICH HAVE BEEN AUTHORISED FOR SALE ON THE GERMAN MARKET.

Nº 112/2003 : 9 December 2003 Judgment of the Court of Justice in Case C-129/00 Commission / Italy Taxation THE ITALIAN ADMINISTRATIVE PRACTICE AND JUDICIAL DOCTRINE RELATING TO THE REIMBURSEMENT OF TAXES IMPOSED IN VIOLATION OF COMMUNITY LAW, INFRINGE ITALY'S OBLIGATIONS UNDER THE EC TREATY

Nº 111/2003 : 3 December 2003 Judgment of the Court of First Instance in Case T-208/01 Volkswagen / Commission Competition THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION'S DECISION DECLARING VOLKSWAGEN'S COMMERCIAL PRACTICES WITH REGARD TO ITS GERMAN DEALERS UNLAWFUL

Nº 110/2003 : 3 December 2003 Judgment of the Court of First Instance in Case T-16/02 Audi / OHMI Community Trade Mark THE COURT OF FIRST INSTANCE DISMISSES THE ACTION BROUGHT BY AUDI AGAINST THE DECISION OF OHIM NOT TO REGISTER THE MARK "TDI" AS A COMMUNITY TRADE MARK

Nº 107/2003 : 27 November 2003 Judgments of the Court of Justice in Cases C-34/01 to C-38/01 Enirisorse Competition ALLOCATION OF A PROPORTION OF PORT CHARGES TO AN UNDERTAKING RESPONSIBLE FOR HANDLING GOODS IN PORTS CONSTITUTES STATE AID IF IT IS NOT LINKED TO PUBLIC-SERVICE DUTIES THE COSTS OF WHICH HAVE BEEN CLEARLY DEFINED BEFOREHAND.

Nº 106/2003 : 27 November 2003 Judgment of the Court of Justice in Case C-283/01 Shield Mark Approximation of laws A SOUND SIGN MAY, UNDER CERTAIN CONDITIONS, BE REGISTERED AS A TRADE MARK.

Nº 105/2003 : 25 November 2003 Judgment of the Court of Justice in Case C-278/01 Commission / Spain Law governing the institutions FOR THE SECOND TIME THE COURT IMPOSES A FINE ON A MEMBER STATE FOR NONCOMPLIANCE WITH ONE OF ITS JUDGMENTS.

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Nº 103/2003 : 20 November 2003 Judgment of the Court of Justice in Case C-356/01 Austria / Commission Transport AUSTRIA'S ACTION CHALLENGING THE DISTRIBUTION OF ECOPOINTS FOR 2001 IS DISMISSED

Nº 102/2003 : 20 November 2003 Judgment of the Court of Justice in Case C-126/01 GEMO State aid A TAX FINANCING A FREE PUBLIC SERVICE ONLY FOR CERTAIN UNDERTAKINGS FORMS PART OF AN ARRANGEMENT CONSTITUTING STATE AID

Nº 100/2003 : 18 November 2003 Judgment of the Court of Justice in Case C-216/01 Budvar Free movement of goods THE ABSOLUTE PROTECTION WHICH THE AUSTRO-CZECH BILATERAL CONVENTION ACCORDS TO THE NAME "BUD" FOR BEER PRODUCED AND EXPORTED BY THE CZECH BREWERY IS SUBJECT TO THE CONDITION THAT IT DIRECTLY OR INDIRECTLY DESIGNATES A REGION OR A PLACE IN THE CZECH REPUBLIC

Nº 99/2003 : 13 November 2003 Judgment of the Court of Justice in Case C-313/01 Morgenbesser Freedom of movement for persons THE ITALIAN AUTHORITIES CANNOT REFUSE ENROLMENT IN THE REGISTER OF "PRATICANTI" TO THE HOLDER OF A "MAITRISE EN DROIT" ISSUED IN ANOTHER MEMBER STATE

Nº 98/2003 : 6 November 2003 Judgment of the Court of Justice in Case C-243/01 Gambelli e.a. Freedom to provide services LAWS WHICH RESERVE THE COLLECTION OF BETS TO THE STATE OR ITS LICENSEES MUST BE JUSTIFIED

Nº 97/2003 : 6 November 2003 Judgment of the Court of Justice in Case C-311/01 Commission / Netherlands Social security for migrant workers COMMUNITY LAW IS INFRINGED BY THE REFUSAL TO ALLOW FRONTIER WORKERS TO RETAIN THEIR ENTITLEMENT TO UNEMPLOYMENT BENEFIT WHEN THEY GO TO ANOTHER MEMBER STATE TO SEEK EMPLOYMENT

Nº 96/2003 : 6 November 2003 Judgment of the Court of Justice in Case C-101/01 Lindqvist Approximation of laws THE COURT RULES FOR THE FIRST TIME ON THE SCOPE OF THE DATA PROTECTION DIRECTIVE AND FREEDOM OF MOVEMENT FOR SUCH DATA ON THE INTERNET

Nº 95/2003 : 23 October 2003 Judgment of the Court of Justice in Case C-191/01 P OHMI / Wrigley Community Trade Mark A SIGN MAY NOT BE REGISTERED AS A COMMUNITY TRADE MARK IF ONE OF ITS

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POSSIBLE MEANINGS CAN DESIGNATE A CHARACTERISTIC OF THE GOODS CONCERNED

Nº 94/2003 : 23 October 2003 Judgment of the Court of Justice in Case C-408/01 Adidas et Adidas Benelux Approximation of laws THE PROPRIETOR OF A TRADE MARK WITH A REPUTATION CANNOT PREVENT THE USE OF A SIMILAR SIGN VIEWED PURELY AS A DECORATIVE MOTIF

Nº 93/2003 : 23 October 2003 Judgment of the Court of First Instance in Case T-65/98 Van den Bergh Foods / Commission Competition THE COURT OF FIRST INSTANCE CONFIRMS THE COMMISSION'S DECISION IN REGARD TO VAN DEN BERGH FOODS

Nº 92/2003 : 21 October 2003 Judgment of the Court of Justice in Joined Cases C-317/01 and C-369/01 Abatay e.a. Freedom of movement for persons THE WORK PERMIT REQUIREMENT IMPOSED ON TURKISH DRIVERS OF LORRIES REGISTERED IN GERMANY WHO DRIVE BETWEEN TURKEY AND GERMANY FOR AN UNDERTAKING ESTABLISHED IN TURKEY CONSTITUTES AN OBSTACLE TO THE FREEDOM TO PROVIDE SERVICES

Nº 91/2003 : 21 October 2003 Judgment of the Court of First Instance in Case T-368/00 General Motors Nederland et Opel Nederland / Commission Competition THE COURT OF FIRST INSTANCE ESSENTIALLY CONFIRMS THE COMMISSION'S DECISION CONCERNING THE EXISTENCE OF AN OBSTACLE TO FREE COMPETITION

Nº 90/2003 : 16 October 2003 Judgment of the Court of Justice in Case C-182/02 Ligue pour la protection des oiseaux sauvages e.a. Environment and consumers A MEMBER STATE MAY, UNDER CERTAIN CONDITIONS, DEROGATE FROM PROVISIONS SETTING THE OPENING AND CLOSING DATES FOR THE HUNTING OF WILD BIRDS

Nº 83/2003 : 2 October 2003 Judgment of the Court of Justice in Case C-232/01 Van Lent Principles of Community law BELGIAN RULES THAT REQUIRE RESIDENTS' MOTOR VEHICLES TO BE REGISTERED IN BELGIUM ARE CONTRARY TO THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS

Nº 82/2003 : 2 October 2003 Judgment of the Court of Justice in Joined Cases C-176/99 P and others ARBED / Commission Competition THE COURT DISMISSES SIX OF THE EIGHT APPEALS BROUGHT BY STEEL UNDERTAKINGS AND THEIR TRADE ASSOCIATION EUROFER WHICH HAD BEEN FOUND GUILTY OF ENGAGING IN A CARTEL

Nº 80/2003 : 30 September 2003 Judgment of the Court of First Instance in Case T-203/01 Michelin / Commission

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Competition THE COURT OF FIRST INSTANCE UPHOLDS THE COMMISSION'S DECISION TO FINE MICHELIN FOR PRACTICES WHICH ARE UNFAIR TO ITS DEALERS

Nº 79/2003 : 30 September 2003 Judgment of the Court of Justice in Case C-224/01 Köbler Freedom of movement for persons A MEMBER STATE IS LIABLE FOR THE DAMAGE CAUSED TO AN INDIVIDUAL BY AN INFRINGEMENT OF COMMUNITY LAW ATTRIBUTABLE TO A SUPREME COURT IF THE INFRINGEMENT IS MANIFEST

Nº 78/2003 : 30 September 2003 Judgments of the Court of First Instance in cases T-191/98, T-212/98 à T-214/98 Atlantic Container Line e.a. / Commission Competition THE COURT HAS SET ASIDE RECORD FINES TOTALLING EUR 273 MILLION IMPOSED BY THE COMMISSION FOR ABUSE OF A COLLECTIVE DOMINANT POSITION ON SHIPPING COMPANIES FORMING A CONFERENCE

Nº 77/2003 : 23 September 2003 Judgment of the Court of Justice in Case C-452/01 Ospelt and Schlössle Weissenberg Familienstiftung Principles of Community law THE FREE MOVEMENT OF CAPITAL DOES NOT PRECLUDE ACQUISITION OF AGRICULTURAL LAND BEING MADE SUBJECT TO THE GRANTING OF A PRIOR AUTHORISATION SUCH AS THAT INTRODUCED BY THE VORARLBERGER GRUNDVERKEHRSGESETZ

Nº 76/2003 : 23 September 2003 Judgment of the Court of Justice in Case C-109/01 Akrich Freedom of movement for persons A NATIONAL OF A NON-EU STATE WHO IS MARRIED TO A EU CITIZEN MAY RESIDE IN THE CITIZEN'S STATE OF ORIGIN WHEN THAT CITIZEN, AFTER MAKING USE OF THEIR RIGHT TO FREEDOM OF MOVEMENT, RETURNS TO THEIR HOME COUNTRY WITH THEIR SPOUSE IN ORDER TO WORK, PROVIDED THAT THE SPOUSE HAS LAWFULLY RESIDED IN ANOTHER MEMBER STATE

Nº 74/2003 : 18 September 2003 Judgment of the Court of Justice in Case C-168/01 Bosal Holdings Freedom to provide services DUTCH TAX PROVISIONS WHICH PLACE PARENT COMPANIES WITH SUBSIDIARIES IN OTHER MEMBER STATES AT A DISADVANTAGE ARE INCOMPATIBLE WITH COMMUNITY LAW

Nº 73/2003 : 18 September 2003 Judgment of the Court of Justice in Joined Cases C-292/01 and C-293/01 Albacom, Infostrada Freedom to provide services COMMUNITY RULES IN THE TELECOMMUNICATIONS SECTOR PROHIBIT MEMBER STATES FROM IMPOSING FINANCIAL CHARGES ON LICENCE HOLDERS WHICH ARE CALCULATED ON THE BASIS OF THEIR TURNOVER

Nº 71/2003 : 11 September 2003 Judgments of the Court of Justice in Cases C-6/01 and others Anomar e.a.

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Principles of Community law PORTUGUESE LEGISLATION WHICH RESTRICTS GAMES OF CHANCE TO CASINOS IS NOT CONTRARY TO COMMUNITY RULES ON FREEDOM TO PROVIDE SERVICES

Nº 70/2003 : 11 September 2003 Judgment of the Court of Justice in Case C-445/00 Austria / Council Transport THE ECOPOINTS REGULATION 2000 IS TO REMAIN IN FORCE SAVE FOR THE PROVISION INTRODUCING A PRINCIPLE THAT REDUCTIONS IN ECOPOINTS BE SPREAD OVER SEVERAL YEARS

Nº 69/2003 : 9 September 2003 Judgment of the Court of Justice in Case C-285/01 Burbaud Freedom of movement for persons A COMMUNITY NATIONAL SEEKING ADMISSION TO THE FRENCH PUBLIC HOSPITAL SERVICE CANNOT BE REQUIRED TO PASS THE ENTRANCE EXAMINATION FOR THE FRENCH NATIONAL SCHOOL OF PUBLIC HEALTH IF HE CAN SHOW THAT HE HAS RECEIVED EQUIVALENT TRAINING IN ANOTHER MEMBER STATE

Nº 68/2003 : 9 September 2003 Judgment of the Court of Justice in Case C-151/02 Jaeger Approximation of laws ON-CALL DUTY PERFORMED IN A PLACE DETERMINED BY THE EMPLOYER CONSTITUTES IN ITS TOTALITY WORKING TIME EVEN WHERE THE DOCTOR IS PERMITTED TO REST AT HIS PLACE OF WORK WHEN HIS SERVICES ARE NOT REQUIRED

Nº 67/2003 : 9 September 2003 Judgment of the Court of Justice in Case C-236/01 Monsanto Agricoltura Italie e.a. Approximation of laws THE MERE PRESENCE OF RESIDUES OF TRANSGENIC PROTEIN IN NOVEL FOODS DOES NOT PREVENT THEIR BEING PLACED ON THE MARKET UNDER A SIMPLIFIED PROCEDURE PROVIDED THERE IS NO RISK TO HUMAN HEALTH

Nº 65/2003 : 24 July 2003 Judgment of the Court of Justice in Case C-39/03 P Commission / Artegodan e.a. Approximation of laws THE COURT CONFIRMS THE CFI'S ANNULMENT OF THE COMMISSION'S DECISIONS ORDERING THE WITHDRAWAL OF MARKETING AUTHORISATIONS FOR ANTI-OBESITY DRUGS

Nº 64/2003 : 24 July 2003 Judgment of the Court of Justice in Case C-280/00 Altmark Trans et Regierungspräsidium Magdeburg State aid THE COURT RULES THAT FINANCIAL SUPPORT WHICH MERELY REPRESENTS COMPENSATION FOR PUBLIC SERVICE OBLIGATIONS IMPOSED BY THE MEMBER STATES DOES NOT HAVE THE CHARACTERISTICS OF STATE AID

Nº 61/2003 : 10 July 2003 Judgment of the Court of Justice in Case C-246/00 Commission / Netherlands Transport THE COURT CONSIDERS THAT IT IS CONTRARY TO COMMUNITY LAW FOR NETHERLANDS LEGISLATION TO REQUIRE MANDATORY REGISTRATION OF A DRIVING

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LICENCE ISSUED BY ANOTHER MEMBER STATE AFTER THE ESTABLISHMENT OF THE HOLDER OF SUCH A LICENCE IN THE NETHERLANDS

Nº 60/2003 : 10 July 2003 Judgment of the Court of Justice in Joined Cases C-20/00 and C-64/00 Booker Aquaculture and others Agriculture NO AUTOMATIC COMPENSATION FOR FISH FARMERS WHO ARE REQUIRED BY COMMUNITY LAW TO DESTROY THEIR STOCKS WHICH ARE INFECTED BY A CONTAGIOUS DISEASE

Nº 59/2003 : 10 July 2003 Judgments of the Court of Justice in Cases C-11/00 and C-15/00 Commission / ECB and others FIN THE COURT ANNULS DECISIONS OF THE EUROPEAN CENTRAL BANK (ECB) AND THE EUROPEAN INVESTMENT BANK (EIB) CONCERNING FRAUD PREVENTION AND COOPERATION WITH THE EUROPEAN ANTI-FRAUD OFFICE (OLAF)

Nº 58/2003 : 9 July 2003 Judgments of the Court of First Instance in cases T-220/00,T-223/00,T-224/00,T-230/00 Cheil Jedang Corporation / Commission and others Competition A CARTEL ON THE LYSINE MARKET GIVES THE COURT OF FIRST INSTANCE AN OPPORTUNITY TO CLARIFY THE CRITERIA FOR FIXING THE AMOUNT OF FINES

Nº 56/2003 : 3 July 2003 Judgment of the Court of Justice in Case C-156/01 van der Duin et ANOZ Zorgverzekeringen Social security for migrant workers RETIRED PERSONS HAVING CHOSEN TO RESIDE IN A MEMBER STATE OTHER THAN THEIR STATE OF ORIGIN MUST APPLY TO THE SICKNESS INSURANCE INSTITUTION WITH WHICH THEY ARE REGISTERED IN THEIR STATE OF RESIDENCE FOR PRIOR AUTHORISATION IN ORDER TO RECEIVE HEALTH CARE IN ANOTHER MEMBER STATE

Nº 55/2003 : 26 June 2003 Judgment of the Court of Justice in Case C-422/01 Försäkringsaktiebolaget Skandia et Ola Ramstedt / Riksskatteverket Principles of Community law SWEDISH TAX RULES WHICH FAVOUR OCCUPATIONAL PENSION INSURANCE POLICIES TAKEN OUT WITH A SWEDISH INSURER OVER THOSE TAKEN OUT WITH AN INSURER IN ANOTHER MEMBER STATE ARE INCOMPATIBLE WITH COMMUNITY LAW

Nº 54/2003 : 19 June 2003 Judgment of the Court of Justice in Case C-34/02 Pasquini Social security for migrant workers THE COMMUNITY PRINCIPLES OF EQUIVALENCE AND EFFECTIVENESS REQUIRE THE INPS TO TAKE INTO CONSIDERATION THE PENSIONER'S GOOD FAITH AND DULY TO REVIEW ONCE A YEAR THE SITUATION OF EMIGRANT WORKERS IN RECEIPT OF A PENSION.

Nº 53/2003 : 17 June 2003 Judgment of the Court of Justice in Case C-383/01 De Danske Bilimportører Free movement of goods THE COURT OF JUSTICE DECLARES A VERY HIGH NATIONAL CHARGE ON THE REGISTRATION OF NEW MOTOR VEHICLES COMPATIBLE WITH THE EC TREATY.

Nº 50/2003 : 12 June 2003

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Judgment of the Court of Justice in Case C-112/00 Schmidberger Principles of Community law THE FACT THAT THE AUSTRIAN AUTHORITIES DID NOT BAN A PEACEFUL DEMONSTRATION OF LIMITED DURATION ON THE BRENNER MOTORWAY IS NOT CONTRARY TO COMMUNITY LAW

Nº 47/2003 : 22 May 2003 Judgment of the Court of Justice in Case C-393/01 France / Commission Agriculture THE COURT OF JUSTICE ANNULS THE COMMISSION DECISION TO END THE BAN ON BOVINE PRODUCTS FROM PORTUGAL, INTRODUCED TO COMBAT BOVINE SPONGIFORM ENCEPHALOPATHY (BSE).

Nº 42/2003 : 20 May 2003 Judgments of the Court of Justice in Cases C-469/00 and C-108/01 Ravil Free movement of goods THE COURT CONFIRMS THE EXTENT OF PROTECTION CONFERRED BY COMMUNITY LEGISLATION ON GRANA PADANO CHEESE AND PARMA HAM

Nº 41/2003 : 20 May 2003 Judgment of the Court of Justice in Joined Cases C-465/00, C-138/01 and C-139/01 Österreichischer Rundfunk e.a. Approximation of laws THE TRANSMISSION OF DATA ON THE SALARIES OF EMPLOYEES OF PUBLIC BODIES FOR PUBLICATION IN AN ANNUAL REPORT MAY BE COMPATIBLE WITH COMMUNITY LAW

Nº 37/2003 : 13 May 2003 Judgments of the Court of Justice in Cases C-463/00 and C-98/01 Commission / Spain and Commission / United Kingdom Freedom to provide services THE COURT FINDS AGAINST THE SPANISH AND UNITED KINGDOM RULES REGULATING SPECIAL SHARES ("GOLDEN SHARES")

Nº 36/2003 : 13 May 2003 Judgment of the Court of Justice in Case C-385/99 Müller-Fauré et van Riet Freedom to provide services THE PRINCIPLE OF FREEDOM TO PROVIDE SERVICES PRECLUDES NETHERLANDS LEGISLATION REQUIRING PRIOR AUTHORISATION FOR NON-HOSPITAL CARE PROVIDED IN ANOTHER MEMBER STATE BY A NON-CONTRACTED PROVIDER

Nº 35/2003 : 8 May 2003 Judgment of the Court of Justice in Case C-438/00 External relations THE COURT INTERPRETS, WITHIN THE AREA OF SPORT, THE PRINCIPLE OF NON-DISCRIMINATION ON GROUNDS OF NATIONALITY SET OUT IN THE ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND SLOVAKIA

Nº 32/2003 : 10 April 2003 Judgment of the Court of Justice in Case C-305/00 Schulin Agriculture THE HOLDER OF A COMMUNITY PLANT VARIETY RIGHT CAN ASK A FARMER TO PROVIDE INFORMATION IF THERE IS SOME INDICATION THAT THE FARMER HAS MADE USE OF THE "AGRICULTURAL EXEMPTION"

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Nº 29/2003 : 3 April 2003 Judgments of the Court of First Instance in cases T-114/02 and T-119/02 BaByliss and others / Commission Competition THE COURT OF FIRST INSTANCE FOR THE MOST PART CONFIRMS THE COMMISSION’S DECISION APPROVING THE MERGER BETWEEN SEB AND MOULINEX.

Nº 28/2003 : 3 April 2003 Judgment of the Court of Justice in Case C-144/00 Hoffmann Taxation THE PRINCIPLE OF FISCAL NEUTRALITY REQUIRES THAT INDIVIDUAL PERFORMERS SHOULD NOT BE TREATED DIFFERENTLY FROM CULTURAL GROUPS IN RESPECT OF EXEMPTION FROM VAT

Nº 20/2003 : 20 March 2003 Judgment of the Court of Justice in Case C-3/00 Denmark / Commission Approximation of laws THE COURT ANNULS THE COMMISSION'S DECISION REFUSING AUTHORISATION FOR DANISH PROVISIONS STRICTER THAN COMMUNITY PROVISIONS ON THE USE OF NITRATES AND NITRITES AS FOOD ADDITIVES.

Nº 15/2003 : 11 March 2003 Judgment of the Court of Justice in Case C-186/01 Dory Social policy COMMUNITY LAW DOES NOT PRECLUDE THE OBLIGATION OF MILITARY SERVICE BEING IMPOSED ONLY ON MEN

Nº 13/2003 : 6 March 2003 Judgment of the Court of First Instance in joined cases T-228/99 and T-233/99 Westdeutsche Landesbank Girozentrale and others / Commission State aid THE COURT OF FIRST INSTANCE ANNULS, ON GROUNDS OF INADEQUATE REASONING, THE EUROPEAN COMMISSION'S DECISION FINDING THAT THE TRANSFER OF THE WOHNUNGSBAUFÖRDERUNGSANSTALT TO WESTLB WAS UNLAWFUL STATE AID AMOUNTING TO DEM 1,579,700,000

Nº 12/2003 : 4 March 2003 Judgment of the Court of First Instance in Case T-319/99 Fenin / Commission Competition THE COURT OF FIRST INSTANCE DISMISSES THE ACTION BROUGHT BY FENIN AGAINST THE COMMISSION

Nº 10/2003 : 25 February 2003 Judgment of the Court of Justice in Case C-59/01 Commission / Italy Freedom to provide services THE COURT OF JUSTICE CONSIDERS ITALIAN LEGISLATION FREEZING COMPULSORY MOTOR INSURANCE PREMIUMS TO BE CONTRARY TO COMMUNITY LAW

Nº 9/2003 : 25 February 2003 Judgment of the Court of Justice in Case C-326/00 IKA Social security for migrant workers THE COURT OF JUSTICE GIVES A FURTHER JUDGMENT ON MEDICAL TREATMENT ABROAD

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Nº 7/2003 : 11 February 2003 Judgment of the Court of Justice in Cases C-187/01 and C-385/01 Gözütok and others Justice and Home Affairs THE COURT OF JUSTICE GIVES ITS FIRST RULING ON THE INTERPRETATION OF THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT

Nº 5/2003 : 23 January 2003 Judgment of the Court of Justice in Case C-57/01 Makedoniko Metro et Michaniki Freedom to provide services PUBLIC WORKS CONTRACTS: A NATIONAL LAW MAY PROHIBIT A CHANGE IN THE COMPOSITION OF A CONSORTIUM AFTER SUBMISSION OF TENDERS

Nº 4/2003 : 16 January 2003 Judgment of the Court of Justice in Case C-388/01 Commission / Italy Principles of Community law THE COURT OF JUSTICE CENSURES ITALY FOR HAVING ALLOWED ADVANTAGEOUS RATES FOR ADMISSION TO CULTURAL SITES UNDER MUNICIPAL OR DECENTRALISED CONTROL ONLY FOR ITALIAN NATIONALS AND PERSONS RESIDENT WITHIN THE TERRITORIES OF THE AUTHORITIES RUNNING THEM

Nº 3/2003 : 16 January 2003 Judgments of the Court of Justice in Cases C-12/00 and C-14/00 Commission / Spain Approximation of laws SPAIN AND ITALY ARE FOUND TO HAVE WRONGLY PROHIBITED THE MARKETING UNDER THE NAME 'CHOCOLATE' OF PRODUCTS CONTAINING VEGETABLE FATS OTHER THAN COCOA BUTTER

Nº 2/2003 : 15 January 2003 Judgment of the Court of First Instance in joined cases T-377/00 and others Philip Morris International and others / Commission Community own resources THE COURT OF FIRST INSTANCE DISMISSES THE ACTIONS BROUGHT AGAINST THE COMMISSION'S DECISIONS TO BRING PROCEEDINGS AGAINST CIGARETTE MANUFACTURERS BEFORE AMERICAN COURTS

2002

Nº 101/2002 : 12 December 2002 Judgment of the Court of Justice in Case C-209/00 Commission / Germany State aid THE COURT OF JUSTICE DECLARES THAT GERMANY HAS FAILED TO IMPLEMENT PROPERLY THE COMMISSION'S DECISION ORDERING THE RECOVERY OF STATE AID GRANTED TO WestLB

Nº 100/2002 : 10 December 2002 Judgment of the Court of Justice in Case C-153/00 Der Weduwe Freedom to provide services THE COURT DECLARES INADMISSIBLE THE REFERENCE FOR A PRELIMINARY RULING ON THE COMPATIBILITY OF THE BELGIAN LAW ON GIVING EVIDENCE IN LEGAL PROCEEDINGS AND THE LUXEMBOURG LAW ON BANKING SECRECY WITH THE PRINCIPLE OF FREE MOVEMENT OF SERVICES

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Nº 99/2002 : 10 December 2002 Judgment of the Court of Justice in Case C-491/01 British American Tobacco e.a. Approximation of laws THE COURT UPHOLDS THE VALIDITY OF THE DIRECTIVE ON THE MANUFACTURE, PRESENTATION AND SALE OF TOBACCO PRODUCTS

Nº 98/2002 : 10 December 2002 Judgment of the Court of Justice in Case C-29/99 Commission / Council Law governing the institutions THE COURT HAS ANNULLED IN PART THE DECLARATION OF ACCESSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY (EAEC OR EURATOM) TO THE NUCLEAR SAFETY CONVENTION, WITH REGARD TO THE SCOPE OF THE EAEC'S COMPETENCES IN THE FIELD

Nº 94/2002 : 26 November 2002 Judgment of the Court of First Instance in joined cases T-74/00 and others Artegodan / Commission Approximation of laws THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION DECISIONS ORDERING THE WITHDRAWAL OF MARKETING AUTHORISATIONS FOR ANTI-OBESITY DRUGS

Nº 92/2002 : 14 November 2002 Judgment of the Court of Justice in Case C-435/00 GEHA Naftiliaki e.a. Freedom to provide services MARITIME TRANSPORT BETWEEN RHODES AND TURKEY CANNOT BE SUBJECT TO MORE ONEROUS CONDITIONS THAN THOSE TO WHICH SUCH TRANSPORT BETWEEN RHODES AND PORTS IN GREECE OR OTHER MEMBER STATES IS SUBJECT.

Nº 91/2002 : 12 November 2002 Judgment of the Court of Justice in Case C-206/01 Arsenal Football Club Approximation of laws THE PROPRIETOR OF A TRADE MARK MUST BE ABLE TO PREVENT ITS USE BY A THIRD PARTY IF THAT USE IS LIABLE TO AFFECT THE GUARANTEE OF ORIGIN OF THE GOODS

Nº 89/2002 : 5 November 2002 Judgments of the Court of Justice in Cases C-466/98 and others Commission / United Kingdom and others Freedom to provide services THE COURT OF JUSTICE EXPLAINS, BY THESE JUDGMENTS, THE DISTRIBUTION OF COMPETENCE AS REGARDS THE CONCLUSION OF INTERNATIONAL AIR TRANSPORT AGREEMENTS

Nº 87/2002 : 25 October 2002 Judgments of the Court of First Instance in cases T-5/02 and T-80/02 Tetra Laval / Commission Competition THE COURT OF FIRST INSTANCE ANNULS A COMMISSION DECISION PROHIBITING THE MERGER OF TETRA LAVAL AND SIDEL AND THE RELATED DIVESTITURE DECISION.

Nº 84/2002 : 22 October 2002 Judgments of the Court of First Instance in cases T-310/01 and T-77/02 Schneider Electric / Commission Competition THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION'S DECISIONS PROHIBITING

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THE CONCENTRATION BETWEEN SCHNEIDER AND LEGRAND AND ORDERING THEM TO SEPARATE ACCORDINGLY

Nº 80/2002 : 8 October 2002 Judgment of the Court of First Instance in joined cases T-185/00 and others M6 / Commission Competition RULES GOVERNING THE ACQUISITION BY THIRD PARTIES OF TELEVISION RIGHTS FOR SPORTING EVENTS UNDER EUROVISION LEAD TO RESTRICTIONS ON COMPETITION IN BREACH OF THE PROVISIONS OF THE TREATY

Nº 78/2002 : 30 September 2002 Judgment of the Court of First Instance in Case T-211/02 Tideland Signal / Commission External relations COURT OF FIRST INSTANCE APPLIES “FAST TRACK” PROCEDURE

Nº 77/2002 : 26 September 2002 Judgment of the Court of Justice in Case C-351/98 Spain / Commission State aid THE COURT OF JUSTICE PARTIALLY ANNULS THE DECISION ADOPTED BY THE COMMISSION IN 1998 CONCERNING THE SPANISH AID SCHEME, IMPLEMENTED WITHIN THE FRAMEWORK OF THE "PLAN RENOVE INDUSTRIAL", FOR THE PURCHASE OF COMMERCIAL VEHICLES

Nº 75/2002 : 19 September 2002 Judgment of the Court of Justice in Case C-101/00 Tulliasiamies et Siilin Taxation THE TAXABLE VALUE USED TO APPLY THE TAX ON THE REGISTRATION OF VEHICLES MUST BE DEFINED IN THE SAME WAY FOR IMPORTED USED CARS AS FOR NEW VEHICLES REGISTERED IN THE NATIONAL TERRITORY

Nº 73/2002 : 17 September 2002 Judgment of the Court of Justice in Case C-513/99 Concordia Bus Finland Freedom to provide services A MUNICIPALITY WHICH ORGANISES A TENDER PROCEDURE FOR THE OPERATION OF AN URBAN BUS SERVICE IS ENTITLED TO TAKE ACCOUNT OF ECOLOGICAL CONSIDERATIONS CONCERNING THE BUS FLEET OFFERED

Nº 71/2002 : 11 September 2002 Judgments of the Court of First Instance in cases T-13/99 and T-70/99 Pfizer - Alpharma Agriculture THE COURT OF FIRST INSTANCE UPHOLDS THE COUNCIL'S DECISION TO BAN THE USE OF CERTAIN ANTIBIOTICS AS ADDITIVES IN ANIMAL FEED AND SETS OUT THE CONDITIONS ON WHICH THE PRECAUTIONARY PRINCIPLE MAY BE APPLIED

Nº 69/2002 : 10 September 2002 Judgment of the Court of Justice in Joined Cases C-216/99 and C-222/99 Riccardo Prisco Taxation CHARGES FOR REGISTRATION OF COMPANY DOCUMENTS IN THE REGISTER OF COMPANIES ARE LAWFUL ONLY IF THEY ARE CALCULATED ON THE BASIS OF THE COST OF THE SERVICE PROVIDED

Nº 68/2002 : 25 July 2002 Judgment of the Court of Justice in Case C-459/99 MRAX

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Freedom of movement for persons THE COURT REAFFIRMS THE IMPORTANCE OF PROTECTING THE FAMILY LIFE OF NATIONALS OF THE MEMBER STATES TO WHOM THE COMMUNITY LEGISLATION ON FREEDOM OF MOVEMENT APPLIES

Nº 67/2002 : 25 July 2002 Judgment of the Court of Justice in Case C-50/00 P Unión de Pequeños Agricultores / Council Agriculture THE COURT OF JUSTICE REAFFIRMS ITS CASE-LAW ON THE CONDITIONS FOR THE ACCESS OF INDIVIDUALS TO THE COMMUNITY COURTS

Nº 66/2002 : 11 July 2002 Judgment of the Court of Justice in Case C-60/00 Carpenter Freedom to provide services A NATIONAL OF A MEMBER STATE ESTABLISHED IN THAT STATE, WHO CARRIES ON A CROSS-BORDER BUSINESS PROVIDING SERVICES, MAY RELY ON COMMUNITY LAW FOR THE PURPOSE OF ENABLING HIS SPOUSE, WHO IS A NATIONAL OF A THIRD COUNTRY, TO OBTAIN A RIGHT TO RESIDE IN THAT STATE.

Nº 62/2002 : 9 July 2002 Judgment of the Court of Justice in Case C-181/00 Flightline Transport A MEMBER STATE MAY LIMIT ACCESS TO INTERNAL ROUTES OF COMMUNITY AIR CARRIERS DURING THE TRANSITIONAL PERIOD FOR LIBERALISATION OF THE SECTOR, EVEN IF IT ISSUES AN INVITATION TO TENDER IN ORDER TO ENSURE SERVICE TO DISTANT OR THINLY-SERVED NATIONAL DESTINATIONS

Nº 59/2002 : 2 July 2002 Judgment of the Court of Justice in Case C-115/00 Andreas Hoves Internationaler Transport-Service Transport A LUXEMBOURG ROAD HAULAGE COMPANY THAT COMPLIES WITH THE REGULATIONS AND CARRIES OUT CABOTAGE IN GERMANY MAY NOT BE REQUIRED TO REGISTER ITS LORRIES THERE OR PAY THE TAXES ARISING FROM SUCH REGISTRATION

Nº 58/2002 : 25 June 2002 Judgment of the Court of Justice in Case C-66/00 Bigi Agriculture FOR REASONS OF CONSUMER PROTECTION AND FAIR COMPETITION, “IMITATION” PARMESAN MANUFACTURED IN ITALY IS NOT ELIGIBLE FOR PROTECTION UNDER THE TRANSITIONAL PROCEDURE FOR DESIGNATIONS OF ORIGIN

Nº 55/2002 : 18 June 2002 Judgment of the Court of Justice in Case C-299/99 Philips Approximation of laws ONLY MARKS WITH DISTINCTIVE CHARACTER BY THEIR NATURE OR THROUGH THE USE MADE OF THEM ARE CAPABLE OF DISTINGUISHING THEIR PRODUCTS FROM THOSE OF OTHER UNDERTAKINGS AND THEREBY CAPABLE OF REGISTRATION

Nº 51/2002 : 13 June 2002 Judgment of the Court of Justice in Case C-382/99 Netherlands / Commission State aid The court of justice dismisses the application brought by the netherlands for partial annulment of the

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commission's decision on state aid to 633 dutch service stations located near the border between germany and the netherlands

Nº 50/2002 : 6 June 2002 Judgment of the Court of First Instance in Case T-342/99 Airtours / Commission Law governing the institutions THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION DECISION DECLARING THE MERGER BETWEEN AIRTOURS AND FIRST CHOICE INCOMPATIBLE WITH THE COMMON MARKET

Nº 49/2002 : 4 June 2002 Judgments of the Court of Justice in Cases C-367/98, C-483/99, C-503/99 Commission / Portugal and others Freedom to provide services THE COURT OF JUSTICE TODAY DELIVERS THREE JUDGMENTS CONCERNING "GOLDEN SHARES" IN THE CONTEXT OF THE PRIVATISATION OF UNDERTAKINGS. THE FRENCH AND PORTUGUESE PROVISIONS ARE DECLARED UNLAWFUL; THE BELGIAN RULES ARE HELD TO BE VALID

Nº 45/2002 : 16 May 2002 Judgment of the Court of Justice in Case C-232/99 Commission / Spain Freedom to provide services THE COURT OF JUSTICE DECLARES THAT SPAIN HAS FAILED TO TRANSPOSE CORRECTLY THE COMMUNITY PROVISIONS INTENDED TO FACILITATE THE FREE MOVEMENT OF DOCTORS AND THE MUTUAL RECOGNITION OF THEIR FORMAL QUALIFICATIONS OBTAINED IN OTHER MEMBER STATES

Nº 41/2002 : 3 May 2002 Judgment of the Court of First Instance in Case T-177/01 Jégo-Quéré / Commission Agriculture THE COURT OF FIRST INSTANCE, CONSCIOUS OF THE NEED TO ENSURE EFFECTIVE PROTECTION OF LEGAL RIGHTS FOR EUROPEAN CITIZENS AND BUSINESSES, REDEFINES THE RULES GOVERNING INDIVIDUAL ACCESS TO THE COMMUNITY COURTS

Nº 40/2002 : 30 April 2002 Judgment of the Court of First Instance in cases T-195/01 and T-207/01 Government of Gibraltar / Commission State aid THE COURT OF FIRST INSTANCE DELIVERS FOR THE FIRST TIME, IN THE FIELD OF STATE AID, A JUDGMENT USING THE EXPEDITED PROCEDURE

Nº 37/2002 : 25 April 2002 Judgment of the Court of Justice in Case C-396/00 Commission / Italy Environment and consumers THE COURT OF JUSTICE DECLARES THAT ITALY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE DIRECTIVE ON URBAN WASTE WATER, BECAUSE DISCHARGES FROM MILAN ARE RELEASED INTO SENSITIVE AREAS, WITHOUT BEING SUBJECTED TO SPECIFIC TREATMENT

Nº 35/2002 : 25 April 2002 Judgments of the Court of Justice in Cases C-52/00, C-154/00, C-183/00 Commission / France and others Approximation of laws A PRODUCER'S LIABILITY FOR DEFECTIVE PRODUCTS MUST BE IDENTICAL THROUGHOUT THE MEMBER STATES

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Nº 30/2002 : 21 March 2002 Judgment of the Court of Justice in Case C-36/00 Spain / Commission State aid A CHANGE BY THE MEMBER STATE OF THE CONDITIONS IMPOSED WHEN STATE AID WAS APPROVED ENABLES THE COMMISSION TO REGARD IT AS UNAPPROVED AID

Nº 29/2002 : 20 March 2002 Judgment of the Court of First Instance in Case T-175/99 UPS Europe / Commission Competition THE FACT THAT DEUTSCHE POST POSSESSES FUNDS FOR ACQUIRING JOINT CONTROL OF DHL DOES NOT JUSTIFY PRESUMING AN ABUSE OF A DOMINANT POSITION IN THE RESERVED POSTAL MARKET

Nº 28/2002 : 20 April 2002 Judgment of the Court of First Instance in cases T-9/99 and others HFB e.a. / Commission Competition THE COURT OF FIRST INSTANCE CONFIRMS THE EXISTENCE OF A CARTEL IN THE EUROPEAN DISTRICT HEATING MARKET.

Nº 25/2002 : 19 March 2002 Judgment of the Court of Justice in Case C-224/00 Commission / Italy Principles of Community law THE COURT OF JUSTICE DECLARES UNLAWFUL PROVISIONS OF THE ITALIAN HIGHWAY CODE WHICH DISCRIMINATE ON GROUNDS OF NATIONALITY

Nº 23/2002 : 12 March 2002 Judgment of the Court of Justice in Case C-168/00 Leitner Freedom to provide services TOURISTS WHO HAVE SUFFERED FROM THE IMPROPER PERFORMANCE OF A PACKAGE TRAVEL CONTRACT MAY CLAIM COMPENSATION FOR THE NON-MATERIAL DAMAGE CAUSED BY LOSS OF ENJOYMENT OF THEIR HOLIDAYS

Nº 19/2002 : 27 February 2002 Judgment of the Court of Justice in Case C-6/00 ASA Abfall Service Approximation of laws ALL NATIONAL AUTHORITIES WHICH RECEIVE NOTIFICATION OF A PROPOSED SHIPMENT OF WASTE FROM ONE MEMBER STATE TO ANOTHER MEMBER STATE ARE COMPETENT TO VERIFY WHETHER THE SHIPMENT IS CLASSIFIED IN THE APPROPRIATE CATEGORY (RECOVERY OR DISPOSAL) AND MUST OBJECT TO THE SHIPMENT WHERE THE CLASSIFICATION IS INCORRECT

Nº 18/2002 : 27 February 2002 Judgment of the Court of Justice in Case C-302/00 Commission / France Taxation UNFAVOURABLE RATE OF TAX LEVIED BY FRANCE ON LIGHT-TOBACCO CIGARETTES PROTECTS DOMESTIC PRODUCTION AND IS CONTRARY TO COMMUNITY LAW

Nº 17/2002 : 26 February 2002 Judgment of the Court of First Instance in Case T-17/00 Rothley e.a. / Parliament Law governing the institutions MEMBERS OF THE EUROPEAN PARLIAMENT CANNOT OBTAIN ANNULMENT OF THE

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DECISION OF THE EUROPEAN PARLIAMENT MAKING THEM SUBJECT TO THE INVESTIGATORY POWER OF THE EUROPEAN ANTI- FRAUD OFFICE

Nº 16/2002 : 19 February 2002 Judgment of the Court of Justice in Case C-35/99 Arduino Competition THE COMPULSORY TARIFFS FOR THE FEES PAYABLE TO MEMBERS OF THE ITALIAN BAR ARE NOT CONTRARY TO THE TREATY PROVISIONS ON COMPETITION

Nº 15/2002 : 19 February 2002 Judgment of the Court of Justice in Case C-309/99 Wouters Competition THE NETHERLANDS RULES PROHIBITING MULTI-DISCIPLINARY PARTNERSHIPS BETWEEN MEMBERS OF THE BAR AND ACCOUNTANTS ARE COMPATIBLE WITH THE TREATY

Nº 12/2002 : 5 February 2002 Judgment of the Court of Justice in Case C-277/99 Kaske Freedom of movement for persons ENTITLEMENT TO BENEFITS ACQUIRED BY A MIGRANT WORKER WHO IS A NATIONAL OF A COUNTRY THAT IS PARTY TO A BILATERAL AGREEMENT ON SOCIAL SECURITY MATTERS MUST BE PRESERVED, EVEN IF THE WORKER EXERCISED HIS OR HER RIGHT TO FREE MOVEMENT BEFORE THE ENTRY INTO FORCE OF A COMMUNITY REGULATION, AND BEFORE THE TREATY BECAME APPLICABLE, IN HIS OR HER COUNTRY OF ORIGIN.

Nº 11/2002 : 5 February 2002 Judgment of the Court of Justice in Case C-255/99 Humer Principles of Community law THE CHILD OF DIVORCED PARENTS MAY OBTAIN AN ADVANCE ON MAINTENANCE PAYMENTS FROM THE STATE IN WHICH THE DEFAULTING PARENT IS RESIDENT EVEN IF THE CHILD IS NOT ALSO RESIDENT IN THAT MEMBER STATE

Nº 5/2002 : 24 January 2002 Judgment of the Court of Justice in Case C-164/99 Portugaia Construções Freedom to provide services A MEMBER STATE MAY REQUIRE AN UNDERTAKING IN THE CONSTRUCTION INDUSTRY ESTABLISHED IN ANOTHER MEMBER STATE WHICH POSTS SOME OF ITS WORKERS TO APPLY MINIMUM WAGE RULES IF THESE ARE TO THE ADVANTAGE OF THE POSTED WORKERS

Nº 2/2002 : 15 January 2002 Judgment of the Court of Justice in Case C-55/00 Gottardo Principles of Community law THE ADVANTAGES ARISING UNDER A BILATERAL CONVENTION CONCLUDED BETWEEN A MEMBER STATE AND A NON-MEMBER COUNTRY MUST, IN PRINCIPLE, BE CONFERRED ON WORKERS FROM OTHER MEMBER STATES THAT ARE NOT PARTIES TO THAT CONVENTION.

2001

Nº 69/2001 : 13 December 2001

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Judgment of the Court of Justice in Case C-324/99 DaimlerChrysler Free movement of goods WHEN WASTE IS SHIPPED TO ANOTHER MEMBER STATE FOR DISPOSAL, THE MEMBER STATE FROM WHICH IT IS SHIPPED CANNOT REQUIRE THAT THE WASTE BE DISPOSED OF IN ACCORDANCE WITH ITS OWN ENVIRONMENT PROTECTION LEGISLATION

Nº 68/2001 : 13 December 2001 Judgment of the Court of Justice in Case C-1/00 Commission / France Agriculture THE COURT DECLARES UNLAWFUL FRANCE'S REFUSAL TO LIFT THE BAN ON CORRECTLY MARKED OR LABELLED IMPORTS OF BRITISH BEEF AND VEAL FROM 30 DECEMBER 1999.

Nº 67/2001 : 13 December 2001 Judgment of the Court of Justice in Case C-79/00 Telefónica de España Competition SPANISH LEGISLATION CONCERNING INTERCONNECTION AND ACCESS TO THE PUBLIC NETWORKS AND TO NUMBERING IS IN CONFORMITY WITH COMMUNITY LAW

Nº 63/2001 : 6 December 2001 Judgment of the Court of Justice in Case C-353/99 P Council / Hautala and others Law governing the institutions THE COURT OF JUSTICE UPHOLDS THE JUDGMENT OF THE COURT OF FIRST INSTANCE ANNULLING THE COUNCIL'S DECISION TO REFUSE MS HAUTALA ACCESS TO A REPORT ON ARMS EXPORTS

Nº 62/2001 : 29 November 2001 Judgment of the Court of Justice in Case C-366/99 Griesmar Social policy THE COURT OF JUSTICE RULES THAT CIVIL SERVANTS WHO ARE FATHERS AND MOTHERS MUST BE TREATED EQUALLY WHEN THEIR RETIREMENT PENSIONS ARE BEING CALCULATED

Nº 61/2001 : 29 November 2001 Judgment of the Court of Justice in Case C-17/00 De Coster Freedom to provide services LEVY OF A MUNICIPAL TAX APPLYING ONLY TO SATELLITE DISHES IS DECLARED CONTRARY TO THE FREEDOM TO PROVIDE SERVICES

Nº 59/2001 : 22 November 2001 Judgment of the Court of Justice in Joined Cases C-541/99 and C-542/99 Cape SNC Environment and consumers THE TERM 'CONSUMER' IN THE DIRECTIVE ON UNFAIR TERMS IN CONSUMER CONTRACTS CONCLUDED BETWEEN A SELLER OR SUPPLIER AND A CONSUMER REFERS ONLY TO NATURAL PERSONS

Nº 58/2001 : 20 November 2001 Judgment of the Court of Justice in Joined Cases C-414/99, C-415/99, C-416/99 Zino Davidoff Approximation of laws THE CONSENT OF A TRADE MARK PROPRIETOR TO MARKETING WITHIN THE EEA OF GOODS PLACED ON THE MARKET OUTSIDE THE EEA MUST BE EXPRESSED UNEQUIVOCALLY, WHETHER IT IS EXPRESS OR IMPLIED. SUCH IS NOT THE CASE WHERE THE TRADE MARK PROPRIETOR IS MERELY SILENT.

Nº 56/2001 : 8 November 2001 Judgment of the Court of Justice in Case C-338/98 Commission / Netherlands

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Taxation THE COURT FINDS THAT THE NETHERLANDS HAS FAILED TO FULFIL ITS OBLIGATIONS

Nº 54/2001 : 25 October 2001 Judgment of the Court of Justice in Case C-398/98 Commission / Greece Free movement of goods GREEK LEGISLATION ON EMERGENCY STOCKS OF PETROLEUM PRODUCTS IS INCOMPATIBLE WITH COMMUNITY LAW

Nº 53/2001 : 25 October 2001 Judgment of the Court of Justice in Case C-475/99 Ambulanz Glöckner Competition THE COURT OF JUSTICE RULES ON THE QUASI-MONOPOLY OF MEDICAL AID ORGANISATIONS OVER THE TRANSPORT OF PATIENTS BY AMBULANCE IN THE LAND OF RHEINLAND-PFALZ

Nº 52/2001 : 25 October 2001 Judgment of the Court of Justice in Joined Cases C-49/98 and others Finalarte Freedom of movement for persons A MEMBER STATE MAY, IN CERTAIN CIRCUMSTANCES, REQUIRE A CONSTRUCTION BUSINESS ESTABLISHED IN ANOTHER MEMBER STATE WHICH SENDS WORKERS TO WORK IN THE FIRST MEMBER STATE TO COMPLY WITH A SCHEME FOR PAID LEAVE IF THE SCHEME IS TO THE ADVANTAGE OF THOSE WORKERS

Nº 51/2001 : 11 October 2001 Judgment of the Court of Justice in cases C-95/99-C-98/99,C-180/99 Khalil Social security for migrant workers REFUGEES OR STATELESS PERSONS CANNOT CLAIM PAYMENT OF FAMILY BENEFITS UNDER COMMUNITY LAW WHERE THEY HAVE TRAVELLED DIRECTLY FROM A NON-MEMBER STATE AND ARE IN A SITUATION HAVING NO FACTOR LINKING THEM WITH COMMUNITY LAW

Nº 50/2001 : 10 October 2001 Judgment of the Court of First Instance in Case T-111/00 British American Tobacco International (Investments) / Commission Law governing the institutions THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION'S DECISION PARTIALLY REFUSING BRITISH AMERICAN TOBACCO INTERNATIONAL (INVESTMENTS) LTD ACCESS TO MINUTES OF THE COMMITTEE ON EXCISE DUTIES

Nº 48/2001 : 9 October 2001 Judgment of the Court of Justice in Case C-377/98 Netherlands / Parlement - Conseil Principles of Community law THE COURT OF JUSTICE HAS DISMISSED THE ACTION BROUGHT BY THE NETHERLANDS SEEKING ANNULMENT OF THE COMMUNITY DIRECTIVE ON THE LEGAL PROTECTION OF BIOTECHNOLOGICAL INVENTIONS

Nº 47/2001 : 4 October 2001 Judgments of the Court of Justice in Cases C-438/99 ; C-109/00 Jiménez Melgar ; Tele Danmark Social policy THE COURT DEVELOPS ITS CASE-LAW ON THE PROHIBITION OF DISMISSAL OF PREGNANT WOMEN

Nº 46/2001 : 2 October 2001 Judgment of the Court of First Instance in cases T-222/99 ; T-327/99 ; T-329/99 Martinez et de Gaulle / Parliament ; Front National / Parliament ; Emma Bonino / Parliament Law governing the institutions THE COURT OF FIRST INSTANCE DISMISSES THE ACTIONS BROUGHT BY MEMBERS OF PARLIAMENT AND THE FRONT NATIONAL AGAINST THE ACT OF 14 SEPTEMBER 1999

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INTERPRETING THE RULE OF PROCEDURE OF THE EUROPEAN PARLIAMENT CONCERNING THE FORMATION OF POLITICAL GROUPS

Nº 45/2001 : 27 September 2001 Judgments of the Court of Justice in Cases C-63/99 ; C-257/99; C-235/99 Gloszczuk ; Malik ; Kondova External relations THE COURT OF JUSTICE DELIVERS THREE JUDGMENTS CONCERNING THE RIGHT OF ESTABLISHMENT OF POLISH, CZECH AND BULGARIAN NATIONALS WITHIN THE MEMBER STATES OF THE EUROPEAN UNION

Nº 41/2001 : 20 September 2001 Judgment of the Court of Justice in Case C-184/99 Grzelczyk Principles of Community law STUDENTS RESIDING IN A MEMBER STATE OTHER THAN THEIR OWN ARE ENTITLED TO RECEIVE A MINIMUM SUBSISTENCE ALLOWANCE ON THE SAME CONDITIONS AS NATIONALS OF THE HOST STATE

Nº 35/2001 : 11 September 2001 Judgments of the Court of Justice in Cases C-67/99 ; C-71/99 ; C-220/99 Commission / Ireland ; Commission / Germany ; Commission / France Approximation of laws THE COURT OF JUSTICE RULES AGAINST FRANCE, GERMANY AND IRELAND FOR FAILURE TO COMPLY WITH COMMUNITY LAW ON THE ENVIRONMENT

Nº 34/2001 : 12 July 2001 Judgment of the Court of Justice in Case C-189/01 Jippes e.a. Agriculture THE PRINCIPLE OF A BAN ON VACCINATION AGAINST FOOT-AND-MOUTH DISEASE, AS LAID DOWN BY THE COUNCIL IN 1990, IS NOT CONTRARY TO COMMUNITY LAW

Nº 33/2001 : 12 July 2001 Judgment of the Court of Justice in Case C-368/98 Vanbraekel e.a. Freedom of movement for persons FURTHER DEVELOPING ITS CASE-LAW CONCERNING PRIOR AUTHORISATION TO RECEIVE MEDICAL TREATMENT IN ANOTHER MEMBER STATE, THE COURT OF JUSTICE RULES ON THE ASSUMPTION OF COSTS OF TREATMENT INCURRED WHEN UNDERGOING AN OPERATION IN HOSPITAL

Nº 32/2001 : 12 July 2001 Judgment of the Court of Justice in Case C-157/99 Smits (épouse Geraets) et Peerbooms THE CONDITIONS FOR OBTAINING PRIOR AUTHORISATION TO RECEIVE HOSPITAL TREATMENT IN ANOTHER MEMBER STATE MUST NOT GIVE RISE TO AN ARBITRARY REFUSAL

Nº 31/2001 : 12 July 2001 Judgment of the Court of First Instance in cases T-12/99 ; T-63/99 UK Coal (RJB Mining) / Commission State aid THE COURT OF FIRST INSTANCE DISMISSES ACTIONS BROUGHT BY RJB MINING AGAINST DECISIONS OF THE EUROPEAN COMMISSION AUTHORISING AID GRANTED BY GERMANY TO ITS COAL INDUSTRY FOR 1998 AND 1999

Nº 21/2001 : 26 June 2001 Judgment of the Court of Justice in Case C-173/99 BECTU Social policy THE RIGHT TO PAID ANNUAL LEAVE IS A SOCIAL RIGHT CONFERRED DIRECTLY ON ALL WORKERS BY COMMUNITY LAW

Nº 14/2001 : 17 May 2001 Judgment of the Court of Justice in Case C-340/99 TNT Traco

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COMPETITION AN UNDERTAKING PROVIDING AN EXPRESS MAIL SERVICE MAY IN CERTAIN CIRCUMSTANCES BE REQUIRED TO PAY POSTAL DUES TO THE OPERATOR RESPONSIBLE FOR THE UNIVERSAL POSTAL SERVICE

Nº 10/2001 : 13 March 2001 Judgment of the Court of Justice in Case C-379/98 PreussenElektra STATE AID AN OBLIGATION TO PURCHASE AT MINIMUM PRICES DOES NOT CONSTITUTE STATE AID MERELY BECAUSE IT IS IMPOSED BY STATUTE

Nº 7/2001 : 6 March 2001 Judgment of the Court of Justice in cases C-273/99 P and C-274/99 P Connolly / Commission STAFF REGULATIONS OF OFFICIALS MR CONNOLLY'S CONDUCT WAS BOUND TO LEAD TO A BREAKDOWN IN MUTUAL TRUST BETWEEN HIM AND HIS EMPLOYER AND TO THE END OF THEIR WORKING RELATIONSHIP

Nº 5/2001 : 15 February 2001 Judgment of the Court of Justice in Case C-99/98 Austria/Commission STATE AID THE COMMISSION MUST ADHERE TO A TWO-MONTH PERIOD FOR ITS PRELIMINARY EXAMINATION OF STATE AID MEASURES

Nº 3/2001 : 8 February 2001 Judgment of the Court of Justice in Case C-350/99 Lange SOCIAL POLICY EMPLOYERS MUST INFORM EMPLOYEES OF THEIR OBLIGATION TO WORK OVERTIME

Nº 2/2001 : 31 January 2001 Judgment of the Court of First Instance in Case T-156/98 RJB Mining Competition THE COURT OF FIRST INSTANCE ANNULS THE COMMISSION'S 1998 DECISION APPROVING THE MERGER OF THREE UNDERTAKINGS IN THE GERMAN COAL-MINING INDUSTRY

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