# General Case Characteristics

Judgment Title:
Ligue Royale Belge pour la Protection des Oiseaux ASBL v Region Wallone

Plaintiff:
Ligue Royale Belge pour la Protection des Oiseaux ASBL


Judgment Title:
Criminal proceedings against Italia Testa


Judgment Title:
P.H. Asscher v. Staatssecretaris van Financien


Plaintiff:
Intercommunale voor Zeewaterontsilting (Inzo), in liquidation


Judgment Title:
Associazione Italiana per Il WWF and Others v. Regione Veneto

Plaintiff:
Associazione Italiana per Il WWF and Other


Judgment Title:
VOBIS Microcomputer AG v. Oberfinanzdirektion Munchen


Judgment Title:
Societe Cadi Surgeles and Others v Ministre des Finances and Others


Judgment Title:
Hallouzi-Choho v. Bestuur van de Sociale Ver. . .


Judgment Title:
The Queen v. Ministry of Agriculture, Fisheries, and Food, ex parte H. & R. Ecroyd Holdings Ltd and

Plaintiff:
The Queen, , ex parte H. & R. Ecroyd Holdings Ltd

Defendant:
Ministry of Agriculture, Fisheries, and Food


Judgment Title:
Criminal proceedings against Rafael Ruiz Bernaldez


Judgment Title:
Associazione agricoltori della provincia di rovigo and others v. Commission

Plaintiff:
Associazione agricoltori della provincia di rovigo and others


Judgment Title:
Van es Duan Agenten v Inspecteur der Invoerrechten en Accijnzen

Defendant:
Inspecteur der Invoerrechten en Accinjnzen


Judgment Title:
Criminal proceedings against Jean-Louis Maurin


Judgment Title:
The Queen v. Commissioners of Customs and Excise

Plaintiff:
The Queen, ex parte Faroe Seafood Co Ltd and Others


Judgment Title:
Wellcome Trust Ltd v. Commissioners of Customs and Excise


Judgment Title:
Pezzullo Molini v Ministero delle Finanze

Plaintiff:
Pezzullo Molini Pastifici Mangimifici SpA


Judgment Title:
Criminal proceedings against Luciano Arcaro


Judgment Title:
Office National de L-Emploi v. Calogero Spataro


Judgment Title:
societe sucriere agricole de maizy v. directeur


Judgment Title:
Hopkins v.  National Power plc and PowerGen plc


Judgment Title:
AGF Belgium SA vs. European Economic Community and others


Judgment Title:
Criminal proceedings against Mario Modesti


Judgment Title:
El Corte Ingles SA v. Cristina Blazquez Rivero


Defendant:
Sofia Skanavi and Konstantin Chryssanthakopoulos


Judgment Title:
CIA security international SA v. Signalson SA and Securitel SPRL


Judgment Title:
Criminal proceedings against Hassan Lahlou


Plaintiff:
Societe Bautiaa and Societe Francaise Maritime SA

Defendant:
Directeur des Services Fiscaux des Landes and Directeur des Services Fiscaux du Finistere


Judgment Title:
Denkavit International BV v. Kamer van Koophandel en Fabrieken

Defendant:
Kamer van Koophandel en Fabrieken voor Midden-Gelderland and Others


Judgment Title:
Criminal Proceedings against Carlo Sunino and Giancarlo Data


Judgment Title:
The Queen v Medicine Control Agency ex parteSmith & Nephew and Primecrown v Medicines Contorl Agency


Judgment Title:
Binder GmbH & Co. International v. Hauptzollamt Stuttgart-West


Judgment Title:
Buralux SA and Others v Council of the European Union


Judgment Title:
FCM and Others v Intervention Board for Agricultural Produce and Another

Defendant:
Intervention Board for Agricultural Produce and Ministry of Agriculture, Fisheries, and Food


Judgment Title:
Ingrid Boukhalfa v. Bundesrepublik Deutschland


Judgment Title:
Eismann Alto adige Srl v. Ufficio IVA di Bolzano


Judgment Title:
Grand Garagealbigeois and Others v Garage Massol


Judgment Title:
Atkins v Wrekin District Council and Department of Transport

Defendant:
Wrekin District Council and Department of Transport


Judgment Title:
Faaborg-Gelting Linien A/S v. Finanzamt Flensburg


Judgment Title:
Waltraud Tomberger v. Gebruder von der Wettern GmbH


Judgment Title:
Garcia and Others v. Mutuelle de Prevoyance Social dAquitaine and Others

Defendant:
Mutuelle de Prevoyance Sociale dAquitaine and Others


Judgment Title:
Criminal Proceedings against Remy Schmit


Judgment Title:
The Queen v. Intervention Board for agricultural produce

Plaintiff:
The Queen, ex parte Accrington Beef Co. Ltd and Others

Defendant:
Intervention Board for agricultural produce


Judgment Title:
Rincon Moreno vs. Bundesanstalt Fur Arbeit


Judgment Title:
Hoever and Zachow v. Land Nordrhein-Westfalen


Judgment Title:
Cooperativa Agricola Zootecnica S. Antonio and Others v Admministrazione delle Finanze dello Stato

Plaintiff:
Cooperativa Agricola Zootecnica S. Antonio and Others

Defendant:
Amministrazione delle Finanze dello Stato


Defendant:
Instituto Nacional de la Seguridad Social (INSS) and Tesoreria General de la Seguridad Social (TGSS)


Judgment Title:
Fattoria Autonoma Tabacchi and Others v Ministero dell Agricoltura e delle Foreste and Others

Defendant:
Ministero dell Agricoltura e delle Foreste and Others


Judgment Title:
Merck and Others v. Primecrown and Beecham v. Europharm

Defendant:
Primecrown Ltd and Others AND Europharm of Worthing Ltd


Judgment Title:
Christina Kik vs. Council and Commission


Judgment Title:
European Parliament v. Council of the EU


Judgment Title:
Criminal proceedings against Michel Guiot


Judgment Title:
Van Der Lindedn v. Berufgenossenschaft der feinmechanik

Defendant:
Berufgenossenschaft der Feinmechanik und Elektrotechnik


Judgment Title:
Taflan-Met and Others v Bestuur van de Social Verzekeringsbank


Judgment Title:
Erika Lenz and Volker Lenz v. Commission


Judgment Title:
Edith Freers and Hannelore Speckmann v. Deutsche Bundespost


Defendant:
Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwne


Judgment Title:
Denkavit Internationaal  v. Bundesamt Fur Finanzen


Judgment Title:
Argos Distributors v Commissioners of Customs and Excise


Judgment Title:
Criminal proceedings against Jacqueline Brandsma


Judgment Title:
Henke v. Gemeinde Schierke and Verwaltungsgem. . .


Judgment Title:
Anglo Irish Beef processors International vs. MAFF

Plaintiff:
Anglo irish Beef processors International and others

Defendant:
Minister for Agriculture, Food and Forestry


Judgment Title:
Debouche v Inspecteur der Invoerrechten en Accijnzan

Defendant:
Inspecteur der Invoerrechten en Accijnzen


Judgment Title:
The Queen v. Secretary of State for Trade and Industry

Plaintiff:
The Queen, ex parte British Telecommunications plc

Defendant:
Secretary of State for Trade and Industry


Defendant:
J. Benoidt SA, in liquidation, and IGC Housing Service SA


Judgment Title:
Regie Dauphinoise - Cabinet A. Forest v Ministre Du Budget

Plaintiff:
Regie Dauphinoise - Cabinet A. Forest SARL


Judgment Title:
Bestuur van de Sociale Verzekeringsbank v. J. M. Cabanis-Issarte

Plaintiff:
LBestuur van de Sociale Verzekeringsbank


Judgment Title:
Nissan France and Others v Dupasquier and Others

Defendant:
Jean-Luc Duspasquier, of Garage Sport Auto, and Others


Judgment Title:
Ijssel-Vliet v. Minister Van economische Zaken


Judgment Title:
Elida Gibbs Ltd v. Commissioners of Customs and


Judgment Title:
RTI and Others v. Ministero delle Poste e Telecomunicazioni

Plaintiff:
Reti Televisive Italiane SpA (RTI) and Others

Defendant:
Ministero delle Poste e Telecomunicazioni


Plaintiff:
An Taisce - The National Trust for Ireland and World Wide Fund for Nature UK (WWF)


Defendant:
Belgische Dienst voor Bedrijfsleven en Landbouw


Judgment Title:
Tetra Pak International SA v. Commission


Defendant:
EC law/challenge to an administrative fine


Plaintiff:
Instiut National Assurances Sociales pour. . .


Judgment Title:
Criminal proceedings against Andre Allain


Judgment Title:
Gillespie and Others v Northern Health and Social Services Board and Others

Defendant:
Northern Health and Social Services Board and Others


Judgment Title:
Ministero delle Finanze v. Foods Import Srl


Plaintiff:
Syndicat Francais de l Express International (SFEI) and Others


Judgment Title:
Criminal proceedings against Pierre Goupil


Plaintiff:
The Queen, , ex parte British Telecommunications plc


Judgment Title:
Semeraro Casa Uno Srl and Others v. Sindaco del Comune di Erbusco and Others

Defendant:
Sindaco del Comune di Erbusco and Others


Judgment Title:
Bristol-Myers Squibb and Others v Paranova A/S


Judgment Title:
Data Delecta and Forsberg v MSL Dynamics LTD

Plaintiff:
Data Delecta Aktiebolag and Ronny Forsberg


Judgment Title:
Royal Society for the Protection of Birds

Plaintiff:
Royal Society for the Protection of Birds


Judgment Title:
Panagis Pafitis and Others v. Trapeza Kentrikis Ellados A.E. and Others

Defendant:
Trapeza Kentrikis Ellados A.E. and Others


Plaintiff:
SEIM Sociedade de Exportacao e Importacao de Materias Ld


Judgment Title:
Kuratorium Dur Dialyse Unde Nierentransplantation v Lewark

Plaintiff:
Kuratorium fir Dialyse und Nierentransplantation eV


Plaintiff:
Brasserie du Pecheur SA and Factortame Ltd


Judgment Title:
Gemente Emmen vs. Belastingsdienst Grote Ondernemingen


Judgment Title:
Olasagasti and Others v. Amministrazione delle finanze dello stato

Defendant:
Amministrazione delle finanze dello stato


Judgment Title:
The Queen v. Ministry of Agriculture, Fisheries, and Food


Plaintiff:
Institut National d'Assurances Sociales pour Travailleurs Independents (Inasti)


Judgment Title:
Criminal proceedings against Sandro Gallotti and Others


Judgment Title:
Duff and Others v Minister for Agriculture and Food, Ireland and the Attorney General

Defendant:
Minister for Agriculer and Food, Ireland and the Attorney General


Plaintiff:
Konservenfabrik Lubella Friedrich Buker GmbH&Co.


Judgment Title:
T. Port GmbH & Co. KG v. Bundesanstalt fur. . .

Defendant:
Bundesanstalt fur Landwirtschaft und Ernahrung


Judgment Title:
Kraaijeveld and others v. Gedeputeerde Staten Van

Plaintiff:
Aannemersbedrijf P.K. Kraaijeveld BV and others


Judgment Title:
Hendrikman and Feyen v. Magenta Druck & Verlag


Defendant:
Bestuurscommissie Beroepszaken in de Provincie Zuid-Holland


Judgment Title:
Bosphorus v Minister for Ireland and the Attorney General

Plaintiff:
Bosphorus Hava Yollari Turizm ve Ticaret AS

Defendant:
Minister for Transport, Energy, and Communications, Ireland and the Attorney General


Judgment Title:
De Venhorst v. Staatssecretaris van Landbouw

Defendant:
Staatssecretaris van Landbouw, Natuurbeheer. . .


Plaintiff:
Cassa Nazionale di Previdenza ed Assistenza a favore degli Avvocati e Procuratori


# Issue area

issue area (key word):
transfer in the interests of the service


issue area (key word):
time limits for bringing of an action for damages


issue area (key word):
Accession of new member states to the Communities


issue area (key word):
Own resources of the European Communities


issue area (key word):
Accession of new Member States to the Communities


issue area (key word):
Actions for failure to fulfil obligations


issue area (key word):
Actions against Member States for failure to fulfil obligations


issue area (key word):
Privileges and immunities of the European Communities


issue area (key word):
Own resources of the European communities


issue area (key word):
Community measures to assist the elderly


issue area (key word):
Actions against member states for failure to fulfil obligations


issue area (key word):
Ascension of new members states to the communities


issue area (key word):
Convention on jurisdiction and the enforcement…


issue area (key word):
competition and rejection of a complaint


# Issues and positions

legal issue:
Did Luxembourg fail to fulfil obligations concerning telecommuncations terminal equipment?


legal issue:
Does social security cover a person who undertakes the care of his or her handicapped spouse?


legal issue:
Did Germany violate EC law concerning the discharge of dangerous substances into aquatic environments?


legal issue:
Did Italy fail to fulfil obligations by not adopting and bringing into force certain EC directives?


legal issue:
Should the UK application be dismissed and should the UK be ordered to pay the Councils costs?


legal issue:
Should the judgement of the Court of First Instance be set aside because it said that EC law was not applicable?


legal issue:
Should safeguards in employees contracts be transferred along with a transfer of undertakings of a business?


legal issue:
Should the ECJ uphold Tetra Pak Internationals appeal against the Commission?


legal issue:
Can Member States grant a right of pre-emption to shareholders in the event of an increase in capital?


legal issue:
Are Member States allowed to preclude imports with certain trade marks if there is no misleading of consumers?


legal issue:
Does EC law allow the Commission to lay down rules to protect banana exporters who are faced with low quotas?

AG position on issue:
yes, as long as those difficulties were caused by the transition to a common market

ECJ ruling:
yes, as long as those difficulties were caused by the transition to a common market


legal issue:
Can national courts decide upon measures for interim relief for industries?


legal issue:
Should the Odigitria appeal on fishery agreements be accepted?


legal issue:
Should Portugals request to overturn the Council decision over an agreement between the EC and India be accepted?


legal issue:
Should the Commission decision on the clearance of the accounts in respect to the EAGGF be annulled?


legal issue:
Does the EC law on the harmonization of turnover tax laws allow for any document to serve as an invoice?


legal issue:
Did Spain and Portugals transitional accession periods end in 1995 or after?


legal issue:
Does EC law permit a patent holder in one state to oppose imports of the product from another state?


legal issue:
Did Greece fail to fulfil its obligations in the case at hand?


legal issue:
Is Mr. Lopes appeal on the grounds that he was not adequately represented in the ECJ hearing legitimate?


legal issue:
Are the undertakings in question considered telecommuncations organizations and thus subject to obligations under EC law?


legal issue:
Under EC law, do forms of advertisements such as direct offers to the public include other forms of advertising?


legal issue:
Does EC law permit references to the sponsors name and or logo during programs?


legal issue:
Does Article 59 prohibit an undertaking in another member state to secure judicial recovery of debts of others?


legal issue:
Does EC tariff law mean that the molva molva fish is exempt from customs duties?


legal issue:
Should the national court clarify the terminology in its fisheries law?


legal issue:
Do the agricultural products listed in the Annex to the regulation in question apply to imports of tuna in olive oil?


legal issue:
Do the national courts have the jurisdiction to decide on the case at hand?


legal issue:
If a commercial agent is responsible for a geographical area, is he entitled to commission on all transactions in that area?


legal issue:
Does the term customer belonging refer to the establishment which placed the order?


legal issue:
Do EC regulations with regard to the import arrangements for frozen beef valid in this case?


legal issue:
Did Germany fail to fulfill EC law regarding urban waste water treatment?


legal issue:
Did Germany fail to fulfill obligations regarding the quality required of shellfish water?


legal issue:
Did Italy fail to fulfill obligations regarding urban waste water treatment?


legal issue:
Did Belgium fail to fulfill obligations in the case at hand?


legal issue:
Should the Court of First Instance decision be changed?


legal issue:
Did Luxembourg fail to fulfill obligations regarding the protection of animals used for experimental purposes?


legal issue:
Did Belgium fail to fulfil obligations regarding public contracts over transportation?


legal issue:
Does EC law preclude legislation that denies members of the family of a worker the right to insurance contributions?


legal issue:
Can this judgement be relied on in support of claims concerning insurance benefits?


legal issue:
Is the dismissal of a transsexual sexual discrimination?


legal issue:
Should the application to annul a law concerning public access to Council and Commission documents be accepted?


legal issue:
Does Article 30 preclude a system of type approval of alarm systems and networks like the ones in question?


legal issue:
Does Article 8 mean that the items in question are covered by the requirement of notification under that provision?


legal issue:
Can EC law be relied on by individuals before a national court in the case area at hand?


legal issue:
Does non discrimination on grounds of nationality apply to a national who is employed in an embassy in a non member state?


legal issue:
Does the ECSC treaty constitute the legal framework for dealing with discrimination practices within the coal business?


legal issue:
Does the ECSC create rights which individuals may rely on before national courts?

AG position on issue:
no, unless with a recommendation based on Article 63(1)

ECJ ruling:
no, unless with a recommendation based on Article 63(1)


legal issue:
Are Commission decisions based on the ECSC treaty binding on national courts?


legal issue:
Did Belgium fail to fulfil obligations over environmental projects?


legal issue:
Does EC law apply even where cash benefits are not payable until a cetain period of time has elapsed post-incapacitation?


legal issue:
Does EC law preclude the institution responsible for paying the benefits from adducing evidence of no incapacity for work?


legal issue:
Is the supply of services on water plying between two member states taxable in the providers member state?


legal issue:
Did France fail to fulfill obligations regarding public service contracts?


legal issue:
Did Germany fail to fulfill obligations regarding public service contracts?


legal issue:
Did Greece fail to fulfill obligations regarding public service contracts?


legal issue:
Should the German application for interim measures be accepted?


legal issue:
Can the customs authorities of a Member State proceed with the post clearance recovery of customs duties?


legal issue:
Should the criteria for defining Faroe Island vessels be applied conjunctively?


legal issue:
Should the term crew apply to all persons engaged in the navigation and servicing of a vessel?


legal issue:
Can the customs authorities of a state set aside movement certifications based on their own view


legal issue:
Should the exporter produce proof that it is acting within customs laws?


legal issue:
Do national authorities have the right to set post clearance recovery of duties?


legal issue:
When uncollected duties amount to ECU 2000 or more, are national authorities obliged to refer to the Commission for a decision?


legal issue:
Does the fact that Faroese authorities initially certified the goods constitute an error made by the competent authorities?


legal issue:
Do the national courts have the authority to determine errors by relevant customs authorities?


legal issue:
Does EC law preclude a member state from justifying a limitation of exports on the grounds that the second state is not complyiing with a Community harmonizing directive?


legal issue:
Does a state have an obligation to make reparation for the damage caused to an individual by a refusal to issue an export licence?


legal issue:
Does a national provision which makes a funeral payment conditional on it taking place in the Member State concerned infringe the prohibition of discrimination on grounds of nationality?


legal issue:
Does EC law mean that observance of the quality standards for food aid constitutes an obligation which the successful tenderer must fulfil?


legal issue:
Does the successful tenderer incur liability in the case at hand?


legal issue:
Is security forfeited where quality standards have been infringed


legal issue:
Did Greece violate EC law regarding taxation of transportation?


legal issue:
Did Italy fail to fulfill obligations regarding transferable securities?


legal issue:
Did the national authority have the power to award a special reference quantity to the applicant?


legal issue:
Can national authorities draw the appropritate conclusions from the judgment in Whers before the adoption new legislation?


legal issue:
Should Italy-s application regarding clearance of EAGGF accounts for the year 1991 be accepted?


legal issue:
Does EC law prohibit the levy in question?


legal issue:
Is EC law on protective measures on frozen strawberries origininating in Poland and Yugoslavia valid?


legal issue:
Should the ECJ examine whether national legislation is compatible with the principles concerning observance of the rights of the dewfence and of the adversarial nature of the proceedings?


legal issue:
Does EC law mean that the law requiring an unemployed person to be employed for 3 months after returning to Belgium is applicable only where the unemployed person claims to requalify for benefits and not to acquisition of entitlement to benefits under the


legal issue:
Should the Court annul the Council directive concerning the placing of plant protection products on the market?


legal issue:
Does EC law apply to the national rules prohibiting business on public holidays and Sundays?


legal issue:
Does the concept of economic activities include the purchase and sale of shares by a trustee in the course of the management of the assets of a charitable trust?


legal issue:
Should the Common Customs Tariff be interpreted as meaning that a basic module for the assembly of a data-processing machine is classified as a unit?


legal issue:
Did Italy fail to fulfil obligation regarding trhe prevention of air pollution from new municipal waste incineration plants?


legal issue:
Is the request for a preliminary ruling submitted by the Pretura Circondariale di Roma inadmissable?


legal issue:
Can a national of a a Member State purising an activity as a self employed person in another Member State rely on EC law in the case at hand?


legal issue:
Does EC law preclude a member state from applying to a national of a member state a higher income tax in the situation at hand?


legal issue:
Does EC law preclude a member state from taking accout of the fact that the taxpayer is not obliged to pay contriubtions to its national social insurance scheme?


legal issue:
Does EC law preclude the accounting operation in question?


legal issue:
Does national legislation prohibiting pesticides for non-agriculutral use violate EC law?


legal issue:
Is the national legislation in question justified under EC law even if the product has already been authroized for sale in another state?


legal issue:
Does EC law preclude the national legislation concerning model year dates for motor vehicles in question?


legal issue:
Are member states liable for reparation in the cases at hand?


legal issue:
Can member states make liability subject to the same restrictions laid down in national constitutions where those restrictions make reparation virtually impossible?


legal issue:
Should national legislatures establish the conditions governing entitlement to compensation when Community harmonization is absent?


legal issue:
Should state liability depend on finding fault accompayning the infringement of the provision?


legal issue:
Should national legal systems determine the types of injury for which reparation may be awarded and the criteria for quantifying the loss?


legal issue:
Should compensation paid to male or female workers for taking part in statutorily established staff representation constitute pay?


legal issue:
Does legislation that limits women from getting compensation violate EC law?


legal issue:
Should the Court annul the Council decision regarding the agreement between the USA and the EEC on government procurement?


legal issue:
Can member states derogate from the general prohibition on hunting in this particular case?


legal issue:
Does EC law apply where a motor vehicle dealership moves and takes on a part of the staff?


legal issue:
In the absence of implementing measures for a directive, can a consumer base a right of action on that directive against a lender who is a private litigant?


legal issue:
Did France fail to fulfil obligations regarding the rights to register vessels and compliance of the previous judgment?


legal issue:
Does EC law mean that national courts cannot declare that the banking legislation in question is abusive?


legal issue:
Can proof of service be produced after the application has been made during appeal proceedings?


legal issue:
Is an immigrant worker entitled to have payment of contributions to pension schemes continued at the same level when called up for military service?


legal issue:
Did Italy fail to fulfil obligations regarding risks to the environment from dangerous substances?


legal issue:
did Belgium fail to fulfil obligations concerning laws on implantable medical devices?


legal issue:
Should the fisheries Council decision be annuled?


legal issue:
should case C-120/94 be removed from the register?


legal issue:
Is the request for a prelimiary ruling admissable?


legal issue:
Does EC law prohibit the administration/import of veterinary medicianl products that have not been authorized by states?


legal issue:
Does EC law cover vehnicles used for the collection of waste of all kinds which is not subject to more specific rules?


legal issue:
Does EC law cover vehicles used for the collection of waste of all kinds which is not subject to more specific rules?


legal issue:
Is it open to a state to determine which communications services are to be excluded from its scope in implementatin of EC law?


legal issue:
Does the criterion laid down by EC law have to be verified with regards to all the characteristics of the services concerned?


legal issue:
Does EC law require a mebmber state to compensate an entity for any loss suffered by it as a result of the error committed by the state?


legal issue:
Does EC law on insurance mean that social security schemes such as the one in this case are excluded from the scope of the directive?


legal issue:
Should the Council decision on inter-administration telematic networks for statistics relating to trade of goods be annuled?


legal issue:
Are member states supposed to define the concept of building land within EU law or should the court specify a definition?

ECJ ruling:
member states should specify the definition


legal issue:
Should EU regulations be interpreted as applying only to imports of standardized electric motors which are finished?


legal issue:
According to EU law, can insurance contracts provide that the insurer is not obliged to pay compensation for damages done by a drunk driver?

ECJ ruling:
no, but it can provide that the insurer has a right of recovery against the insured


legal issue:
Is EU law to be interpreted as covering compulsory charges such as additional motor insurance premiums when they are social contributions?


legal issue:
Is the third paragraph of Article 3 of the protocol to be interpreted as applicable to the aformentioned compulsory charges?


legal issue:
Does the second paragraph of Article 3 of the protocol apply to indirect taxes levied on the prevoision of services?


legal issue:
Should EU law be interpreted as including unemployed persons such as the plaintiff?


legal issue:
Does EU law preclude the requirement that businesses which meet the aformentioned criteria must provide the requested services?


legal issue:
What is the amount of security forfeited when the types of exports in question do not reach their intended country of destination?

AG position on issue:
the difference between the amount of the refund paid in advance and the amount actually due

ECJ ruling:
the difference between the amount of the refund paid in advance and the amount actually due


legal issue:
Are the regulations in question valid in this case?


legal issue:
Did Germany fail to fulfill its obligations regarding public works contracts in the case at hand?


legal issue:
Did the Hellenic Republic fail to fulfil obligations at hand?


legal issue:
Did Greece fail to fulfil its obligations regarding urban watse water treatment?


legal issue:
Does Luxembourg have the right to exclude nations of other Member States from civil servant and public employment posts?


legal issue:
Can Belgium require employees of public bodies to be of Belgium nationality?


legal issue:
Can Greece limit employment in public institutions and facilities to those of Greek nationality?


legal issue:
Did the commission err in refusing to allow certain price subsidies to be charged through the EAGGF?


legal issue:
Are EU regulations invalid that allow for custom duties to be imposed upon imported mushrooms?


legal issue:
Are EU regulations allowing for import duties for mushrooms invalid?


legal issue:
Should the court overturn the decision of the Court of First Instance and allow the Parliament to withold from applicants reasons why they were not hired?


legal issue:
Are companies allowed to repackage and remarket trademark products as long as the quality of product is not affected and the trademark is still visible?


legal issue:
Does a national court have jurisdiction to take action in state aid cases when the case has already been rerferred to the ECJ?


legal issue:
Can there be a government program which offers benefits to women of a certain age but not to men of that age?


legal issue:
Can a trade mark owner restrict the repackaging and reselling of his products when the product quality and reputation is not damaged?


legal issue:
Is income from the financial management of properties excluded from VAT charges?


legal issue:
Should the court overturn a ruling by the Court of First Instance which allows the Commission to withdraw and/or lessen funding for development projects?


legal issue:
Do benefits awarded through a workers home country count against unemployment benefits received through the country in which he is working?


legal issue:
Can a member state use economic considerations in deciding where to declare a bird protection zone?


legal issue:
Is Italy in violation of community obligations by not adoping regulations on batteries and other hazardous materials?


legal issue:
Did Greece violate its community obligations by failing to implement legislative on the safety of meat products?


legal issue:
Should the court overturn the ruling of the court of first instance in saying that it would not appoint the plaintiff to a positoin within the Commission?


legal issue:
Should the court overturn the decision of the President of the Court of First Instance and prevent the UK from restricting Mr. Goldsteins medical practice?


legal issue:
Should the court overturn the decision of the Court of First Instance and allow the UK to export beef products in light of mad cow disease concerns?


legal issue:
Is the case of copying music admissible to this court based on the vagueness of the article 177 application?


legal issue:
Is this case admissible based on the vaguenss of the article 177 application?


legal issue:
Does Ireland have the right to impound an airplane that is operating under a foreign flag but is owned by a Yugoslavian interest, considering the embargo on Yugoslavia?


legal issue:
Did Germany violates its community obligations by importing dairy products at a lower price than that allowed by Community legislation?


legal issue:
Did the UK violate its community obligations by applying different regulatory regimes to domestic and foreign broadcasting services?


legal issue:
Does community legislation currently cover Turkish workers in Member States and make them eligible for social benefits?


legal issue:
Did Belgium fail to fulfill its obligations by failing to implement legislation to bring its cable transmission policies into compliance with EU regulations?


legal issue:
Does community law require that disability insurance payment amounts be calculated based on amount contributed to the system instead of time since last employment?


legal issue:
Do commission regulations allow for Italy to allocate tobacco quotas as it sees fit?


legal issue:
Has Belgium violated its community obligations by requiring the children of migrant workers to have attended Belgium schools to be eligible for education benefits?


legal issue:
Can a member state impose penalties on operators who transport waste without obtaining a permit?


legal issue:
Does community legislation on the importation of cattle confer, by direct effect, rights to individuals which they may assert against the state?


legal issue:
Did Italy violate its community obligations by failing to notify the commission when technical legislation was in draft form?


legal issue:
Does the Comimssion assume the role of guarntor for a contract with a non-EU member state and an EU company if a contract falls through that was approved by EU agents?


legal issue:
Has Greece failed to fulfil its community obligations by failing to implement legislation to reform the procedure for reviewing public works and public services contracts?


legal issue:
Should the Commission withdraw its invitation from member states to apply for commission funding to combat poverty and social exclusion?


legal issue:
Does an individual have a right to request a VAT refund from a member state in which he does not reside if he lives in another member state?


legal issue:
Is the hiring out of property for commerical uses to gain profit taxable?


legal issue:
Should the Commision decision that found certain social provisions and unemployment benefits to be state aid be annuled?


legal issue:
Is the interest saved from taking an interest-free loan from a parent company taxable?


legal issue:
Should the services of an engineer who works in many different states be charged singularly under the VAT?


legal issue:
Are penalties against persons who violated importation quotas for German steel before German unification still valid?


legal issue:
Does community law prohibit a member state from requiring litigants to produce a security deposit for judicial proceedings?


legal issue:
Has Spain violated its community obligations by not impelmenting legislation to protect the health and safety of workers?


legal issue:
Has Italy violated its community obligations by failing to impelment legislation to protect the health of livestock?


legal issue:
Is it necessary for a member state to first grant a license for water pollution before the direct effect of appropriate community legislation applies?


legal issue:
Is a company whose sole purpose is to expore the profitability of something and then exploit it considered an econ. activity even if the profitability survey concludes that the activity isnt profitable and the company is immed. liquidated after?


legal issue:
Should the two Council decisions in question be annulled?


legal issue:
Is regulatoin 482/74 still in force with regards to the four import declarations at issue?


legal issue:
Must this Council Directive be interpreted as permitting a member to enact rules restricting trade in specimens belonging to a species which is not listed in the annexes to that directive?


legal issue:
Is this permitted if the birds were raised in captivity

AG position on issue:
the directive does not apply to those raised in captivity

ECJ ruling:
the directive does not apply to those raised in captivity


legal issue:
Is the article to be interpreted as meaning that there is a regulated profession even where the only education for the profession are provided by earning a certain degree?


legal issue:
Does Community law preclude charging interest on the import duty/levy?


legal issue:
Does Community law preclude charging interest on the import VAT?


legal issue:
Is the Italian code requiring the foreigners wishing to be party to a civil suit file a special legal document contrary to community law?


legal issue:
Can member states require that someone with a drivers liscence from another member state exchange that liscense for a liscence from the new member state within one year of moving?


legal issue:
Can member states apply penalties like fines or imprisonment for violations of these regulations?


legal issue:
Does Article 7(1) preclude application of national laws maintaining at 1.20% the rate of registraion duty on contributions of movable property made in the context of a marger?


legal issue:
Is national legislatoin which protects birds that don't occur naturally in the wild in the EU compatible with community law?


legal issue:
Is the new method for calculating the clawback is valid?


legal issue:
Whether national rules on driving periods may apply in areas which are excluded from the scope of Community rules, such as those areas referred to in Article 4(6) of the regulation?

ECJ ruling:
In areas not covered by Reg No 3820/85, MSs remain competent to adopt rules on driving periods.


legal issue:
What proof may national authorities require to calculate the clawback?

AG position on issue:
Proof to the satisfaction of competent UK authorities

ECJ ruling:
Proof to the satisfaction of competent UK authorities


legal issue:
Does the previous judgment mean that exporters may only claim reimbursement for clawback unduly charged after the date he brought proceedings or also before?

AG position on issue:
they are entitled to reimbursement for clawback charged before the ruling as well

ECJ ruling:
they are entitled to reimbursement for clawback charged before the ruling as well


legal issue:
Are there community standards to rely on for determining reimbursement?

AG position on issue:
the national courts should apply national law

ECJ ruling:
the national courts should apply national law


legal issue:
Do the Articles in question mean that an undertaking to discontinue milk production constitutes the provision of services so that the compensation received is subject to a turnover tax?


legal issue:
Does rgulation 123/85 prevent a trader who is neither an approved reseller nor an authorized intermediary from carrying on business as an independent reseller of new vehicles of that make?


legal issue:
Did Ireland fail to fulfil their obligations?


legal issue:
Did the netherlands fail to fulfil their obligations?


legal issue:
Is Article 2 to be interpreted as meaning that the inspectino pennant must be displayed on the boarding boat or is it sufficient that the parent boat displayed the symbol?


legal issue:
Are skippers required to stop if they are unaware of the status of the representative trying to board?


legal issue:
Does Article 4(1) preclude laws that have minimum income requirements for receiving benefits even if it is shown that these laws affect women more than men?


legal issue:
Should Commission regulatoin EEC No 685/93 be annulled?


legal issue:
Do the arrangements in the ascencsion agreements apply to the variable components of the tarriff duties on agricultural products governed by certain regulations despite the fact that they are not listed in Anex II of the treaty


legal issue:
Did Italy fail to fulfil their obligations?


legal issue:
Should insurance payments be determined by Regulation 1408/71 when a civil servant is from one member state and works in another?


legal issue:
Is the Article to be interpreted as meaning that a worker may receive unemployment benefits payable by the competent state without regard to the residence requirement and other conditions?


legal issue:
May a parralel importer carry on the businesses of intermediary and of reseller of imported vehicles at the same time?


legal issue:
Does it follow from the principle of equal pay or from the principle that pregnant omen have a lawful right to protection that women on maternity leave must ocntinue to receive full pay?


legal issue:
Does a decision of the national customs authority dismissing an application for remission of duties involve the application of substantive tax provisions or was it adopted by the customs service acting as a tax authority?

AG position on issue:
Application of substantive tax provisions, the national court decides jurisdiction

ECJ ruling:
Application of substantive tax provisions, the national court decides jurisdiction


legal issue:
Does "duties which have not yet been paid" mean duties whose payment has been deferred?


legal issue:
Was the customs authority required to assess the application for remission from the point of view of the general principle of equity?


legal issue:
Does the prohibition of indirect discrimination preclude national legislation that make membership of a staff council protected only against missing work hourse because of staff council duties?

AG position on issue:
yes, but is allowed in certain instances

ECJ ruling:
yes, but is allowed in certain instances


legal issue:
Is the effect of treaty law that before 1 July 1982 member states could not require nationals from another member state who were pursuing the same job as self employed persons to pay ocntributions to the Belgian pension scheme?


legal issue:
Should the Commission's decision be annulled?


legal issue:
Does Article 3(1) impose on member states an obligatoin to grant a special reference quantity to producers who have adopted milk development plans under CD 72/159/EEC?

AG position on issue:
no, not an obligation, it is at their discretion


legal issue:
Should the discretion vested to the competent authority in Ireland be construed as an obligation to grant a special rederence wuantity to the appellants since their milk plans were approved by the competent authority in Ireland?


legal issue:
If the answers are negative, is council regulatoin 857/84 invalid?


legal issue:
Does community law preclude a nationa law like the IOAW because a significantly greater number of men than women are eligible?


legal issue:
Should the Commission law that penalized Germany for special premiums over beef and veal be annulled?


legal issue:
Can a member state refuse to grant pension benefits based on nationality?


legal issue:
Did the Hellenic Republic fail to comply with laws concerning the placing of plant protection products on the market?


legal issue:
Do the purchasers of a packaged tour have the right to reimbursements in the event of the insolvency of the organizer?


legal issue:
Does the failure to transpose a directive to achieve its desired results violate community law and entail liability?


legal issue:
Should states have adopted all the measures necessary to prevent the risk of insolvency of the retailer party?

AG position on issue:
yes, but not if it is the consumers fault

ECJ ruling:
yes, but not if it is the consumers fault


legal issue:
Can a member state authorize travel organizers to require a payment of 10% to cover the risk?


legal issue:
Are the member states liable for compensation in this instance?


legal issue:
Should child-raising allowances be treated as family benefits as according to Community law?


legal issue:
Is the spouse who lives in a different state than the person employed entitled to benefits such as child-raising allowance?


legal issue:
Does child-raising allowance fall within the scope of equal treament for men and women in matters of social security?


legal issue:
Does the Brussels Convention apply to judgements given against a defendant who was not duly notified of the new rules?


legal issue:
Should the appeal of the SCK and FNK to overturn the order of the president of the Court of First Instance be upheld?


legal issue:
Does the laws on the transfers of businesses apply to the transfers of administrative functions of municipalities?


legal issue:
Does the Commission have the authority to make laws in the assessment of national aid schemes for fishing vessels?


legal issue:
Can a member state deny a parent company located in another state the witholding tax exemption provided by EC law?


legal issue:
Should a parent company rely directly upon EC law against the authorities of the State before the Court in that State?


legal issue:
Does Community law allow parent company compensation for postponement of a distribution of profits?


legal issue:
Does this case affect the validity of Regulations establishing protective measures on imports of items such as sour cherries?


legal issue:
Did Luxembourg fail to comply with EC law regarding genetically modified micro-organisms?


legal issue:
Should the Commissions decision over aid from the German government to certain shipbuilding industries be annulled?


legal issue:
Does the right to join an occupational pension scheme fall within the scope of Community law?


legal issue:
Does the Barber case apply to the right to join an occupational pension scheme?


legal issue:
Do the administrators of the occupational pension scheme have to comply with Community laws over discrimination?


legal issue:
Must a worker pay the contributions to the period of membership concerned despite retroactive claims?


legal issue:
Should national rules relating to time limits for bringin actions under national law be relied on against workers?


legal issue:
Does Treaty law affect the right to join an occupational pension scheme where the worker was excluded from membership?


legal issue:
Does community law mean that fees should be calculated based on the weight of the meat that is cut and boned?


legal issue:
Are national laws requiring accompanying documents for transactions within the confines of the state ok?


legal issue:
should taxable amounts on the suppply of goods be reduced when consumers use money off coupons?


legal issue:
Should the taxable amount of goods be reduced when consumers use cash refunds?


legal issue:
Should the Commissions appeal over the right to reduce financial assistance initially granted be accepted?


legal issue:
Do dykes fall under the concept of canalization and flood relief works?


legal issue:
Does the concept of environmental projects include issues relating to dykes?


legal issue:
Are states obligated to undertake an environmental impact assessment concerning a given project?


legal issue:
Does this directive in question have direct effect?


legal issue:
Should the appeal from the Viho company be accepted?


legal issue:
Should the defendant be forced to pay fines including interest over the case at hand?


legal issue:
Should Roger Tremblays appeal be upheld?


legal issue:
Should levies be determined by the estimated production of the products is determined at the end of each year?


legal issue:
Did Ireland fail to fulfil its obligations concerning health conditions of specified aquaculture products?


legal issue:
Does EC law for social security benefits apply regardless of whether the provisions have been complied with?


legal issue:
Should the ruling of the Court of First Instance in case T-83/92 be overturned?


legal issue:
Does the Directive impose the same obligation even if the natural habitat of the species in question does not occur in the territory of the MS concerned?


legal issue:
Should the Court overturn the ruling of the Court of First Instance in case T-475/93?

AG position on issue:
The appeal should be dismissed as unfounded.


legal issue:
Does Art 3(2) of Dir 77/187 preclude an employee employed by the transferor at the date of the transfer of an undertaking from objecting to the transfer to the transferee of the contract of employment?


legal issue:
By retaining in force the contested laws, has France failed to fulfil its obligations under Arts 6, 48, 52, 58 and 221 of the EC Treaty?


legal issue:
Does the publicaiton of an offer of subscription in a daily newspaper constitute informaiton given in writing to the holders of registered shares within the meaning of Art 29(3) of Dir 77/91?


legal issue:
Should the effects of the contested decision be maintained, and if so for what period of time?

AG position on issue:
They should be maintained until a new decision is adopted.

ECJ ruling:
They should be maintained until such a time as a new decision is adopted.


legal issue:
Did Italy fail to fulfil its obligations by restricting the activity of dealing in transferable securities to companies or firms whose registerd office is in Italy?


legal issue:
Is Art 3a(1) of Reg 857/84, as amended by Reg No 764/89 valid?

AG position on issue:
Art 3a(1) of Reg  no 857/84 is invalid to the extent held in the judgment in Wehrs, cited above.

ECJ ruling:
The Art is invalid insofar as it excludes producers finding themselves in the above mentioned circumstances from the award of a special reference quantity.


legal issue:
What were the responsibilities of the national authority regarding the graning of special reference quantities to producers under Reg No 857/84, et seq.?

AG position on issue:
The competent national authority has neither a power nor a duty to award a provisional special reference quantity to the application or to treat it as if it had been awarded a special reference quantity.

ECJ ruling:
The naitonal authority had not duty under the Reg to grant the special reference quantity, nor did it have the power to do so.


legal issue:
As regards Rupert Ecroyd, did the naitonal authority have a duty to grant a special reference category?


legal issue:
As regards Rupert Ecroyd, did the competent authority have a duty to grant a special reference category following the judgment in Wehrs?


legal issue:
As regards Rupert Ecroyd, is Art 3a, in part. The 2nd indent of subpara. (1) of Reg 857/84 as amended by Reg No 764/89 and Reg No 1639/91 valid?

AG position on issue:
Art 3a(1) has not revealed any factor of such a kind as to affect its validity insofar as it exclueds producers who have acquired a holding throuhg an inheritance or similar means after 29 June 1989.

ECJ ruling:
Consideration of the Article has not revealed any factors of such a kind as to affect its validity in the light of the principle of the protection of legitmate expectations.


legal issue:
Should the Commission's decision regarding slaughter documents be declared incorrect and the Commission declared to to have failed in its duty of sincere cooperation with the MS?


legal issue:
Are MS which are subject to the obligation of cooperation udner Art 93(1) of the Treaty & has accepted the Guidelines bound by those guidelines when deciding on an application for aid in construction of a fishing vessel, irrespective of the area in which


legal issue:
Is Art 11(A)(1)(a) to be interpreted so that the part of the consideration represented by the voucher is the face value of the voucher or the sum actually obtained by the supplier of the goods from the sale of the voucher?

AG position on issue:
The consideration represented by the voucher is equal to its face value.

ECJ ruling:
The consideration represented by the voucher is the sum actually received by the supplier upon the sale of the voucher.


legal issue:
May a MS introduce a a customs duty or charge having equicalent effect which has been unilaterally introduced after introduction of the CCT and may a MS increase already existing charges after the introduction of the CCT?

AG position on issue:
No, but existing charges may remain in effect.

ECJ ruling:
No, but existing charges may remain in effect.


legal issue:
Can Treaty provisions relating to customs duties and charges having equivalent effect be relied upon in support of claims for reimbursement of sums levied befre 16 July 1992 by was of the 'droit additionnel'?


legal issue:
Should the second sentence of Art 5 of Dir 93/104 be annulled?

ECJ ruling:
The second sentence of the Article is annulled.


legal issue:
May the holder of the original authorization rely on Art 5 of Dir 65/65 when contesting the validity of a marketing authorization to a competitor?

AG position on issue:
yes, so long as the company is inovative, etc.


legal issue:
Does the fact that the manufact licenses For proprietary products were granted by the same legal person affect the answer to qs 3 and 4?


legal issue:
Under what conditions may duplicate marketing authorizations such as the one at issue here be granted?

AG position on issue:
The actual manufacturing processes of product Y must be compared with those of product X.

ECJ ruling:
When the products are identical or are manufactured acc to same formulation no license is req but one must be had if conditions not met.


legal issue:
Should the Commission's decision, which was not communicated directly to Mr Ojha, be annulled?


legal issue:
On what date does the transfer actually occur?

AG position on issue:
The date of the transfer of the undertaking.

ECJ ruling:
The date of the transfer of the undertaking.


legal issue:
Does Art 12(2)(b) of Dir 89/104 preclude such activity by a MS?


legal issue:
Does Art 9(1) of the Dir require regular eye and eyesight tests for all workers to whom the Dir applies?

AG position on issue:
The test are to be carried out on all employees covered by the Dir

ECJ ruling:
The test are to be carried out on all employees covered by the Dir


legal issue:
Do the obligations imposed by Art 2(b) and 2© apply to all workstations defined in Art 2(b)?

AG position on issue:
The obligations apply to all workstations.

ECJ ruling:
The obligations apply to all workstations.


legal issue:
May a MS authorize the capture of protected species of bird in the circumstances described in the case?


legal issue:
May the birds be captured to obviate the problems of consanguinity?


legal issue:
Should the decision eliminating the applicant from the third written test be overturned?


legal issue:
If the trademark is re-affixed without the owner's authorization, may the trademark owner prevent an importer from marketing a product?


legal issue:
Do provisions of logistical and commercial assistance constitute State aid within the meaning of Art 92 of the Treaty.


legal issue:
Should the order for repayment of aid be granted?

ECJ ruling:
Yes, if the aid was not notifed to the Commission.


legal issue:
Is the recipient of aid liable on the basis of Community law?


legal issue:
May a trademarked good be repackaged by another entity if the conditions set by the Court are met?


legal issue:
May economic concerns be considered a general interest superiro to that represented by ecological concerns?


legal issue:
May economic concerns be considered if they are an overriding public interest?


legal issue:
Did Germany fail to fulfil its obligations by authorizing imports of dairy products at lower than min prices?


legal issue:
Is Decision No 3/80 binding on the contracting parties?


legal issue:
Has belgium failed to implement the dir in Brussels?


legal issue:
Does Art 46(2)c of Reg 1408/71 cover benefits that don't depend on length of insurance period?


legal issue:
Does Art 47(1)e of the Reg cover benefits such as that laid down by the Spanish legislation?


legal issue:
The Commission's complaint regarind access to specail employment and re-employment programmes.


legal issue:
Is the Art applicable when Reg 612/77 is infringed?


legal issue:
Does Art 4(2)b of the Dir apply in the circumstances of the case?


legal issue:
Does coordination with another effects provider alter the answer to the other question?


legal issue:
In the absence of full transposition may a MS rely on Art 3 of the Reg RE camium discharge?


legal issue:
May a national court eliminate provisions of national law provisions contrary to an untransposed directive?


legal issue:
Do Arts 2 and 21 of Reg 3477/92 preclude national rules on tobacco such as those described in the case?


legal issue:
May the undertakings be divided into seven groups with different quotas applied to each?


legal issue:
How should the court detmine if a motor caravan was hired-out to obtain income?

AG position on issue:
If the activity is carried out to obtain income on a continuing basis.

ECJ ruling:
The nat'l court must evaluate all the circumstances of the particular case.


legal issue:
How are expenses incurred when goods are used by the taxable person for non-business purposes to be taxed?

AG position on issue:
The portion of expenses taxed must be proportionate to the ratio of actual use and non-business use.

ECJ ruling:
The portion of expenses taxed must be proportionate to the ratio of actual use and non-business use.


legal issue:
Does the directive require MS to adopt measures to protect package travellers from their own negligence?

AG position on issue:
no, but the parties have not acted neglegently

ECJ ruling:
no, but the parties in the case were not neglegent


legal issue:
Does Art 1 of the Reg mean that the conditions for materialization are satisfied when production is calculated at the end of 1986/87 marketing year?


legal issue:
Does Art 32a(1) of the Reg, etc. mean that the conditions for materialization are met when production is cacluated at the end of ea. Year from 1986/7-1990/1?


legal issue:
Do Arts 28(3&4) of the Reg mean that the conditions are met when the sugar is disposed of?


legal issue:
Does Dir 83/189 apply to laws governing business closing times?


legal issue:
Does Art 52 of the Treaty apply to laws on closing times of shops?


legal issue:
Under what circumstances do Faroese raw materials enjoy preferential customs treatment?

AG position on issue:
If not kept separate proof of proportions must be shown; otherwise MS may impose rate on basis of materials brought into factory.

ECJ ruling:
They must be physcially separate. But MS may be calculated on basis of materials brought to factory w/consent of Commission.


legal issue:
Under what conditions is a demand for payment void when a portion of the sum is irrecoverable?

AG position on issue:
It is for the national court to decide this q on basis of criteria in decision.

ECJ ruling:
It is for nat'l law to make a determination, but must not make it less effective to collect Community charges.


legal issue:
In the absence of the aforementioned criteria, how is the process of market authorization to proceed?

AG position on issue:
If the competent authority concludes that the product to be imported does not satisfy those criteria, a new authorization is required and can be issued only in accordance with the conditions laid down in Articles 3 and 4 of Directive 65/65/EEC.

ECJ ruling:
If the competent authority concludes that the product to be imported does not satisfy those criteria, a new authorization is required and can be issued only in accordance with the conditions laid down in Articles 3 and 4 of Directive 65/65/EEC.


legal issue:
How must Article 7(2) of Directive 89/103 be interpreted giving consideration to the case opposing the further marketing of pharmaceutical products?

AG position on issue:
The owner of the trade mark may in principle object to the further marketing of repackaged goods under the trade mark.

ECJ ruling:
The owners trademark rights to oppose the marketing of repackaged products may contribute to the artificial partitioning of the market, however, repackaging cannot affect the original condition of the product and new packaging must clearly label…


# Observations

legal issue:
Does social security cover a person who undertakes the care of his or her handicapped spouse?


legal issue:
Should the UK application be dismissed and should the UK be ordered to pay the Councils costs?


legal issue:
Should safeguards in employees contracts be transferred along with a transfer of undertakings of a business?


legal issue:
Can Member States grant a right of pre-emption to shareholders in the event of an increase in capital?


legal issue:
Are Member States allowed to preclude imports with certain trade marks if there is no misleading of consumers?


legal issue:
Does EC law allow the Commission to lay down rules to protect banana exporters who are faced with low quotas?

observer's position on legal issue:
yes, as long as those difficulties were caused by the transition to a common market


legal issue:
Does the EC law on the harmonization of turnover tax laws allow for any document to serve as an invoice?


observer's position on legal issue:
no, but a strict approach should be avoided


legal issue:
Did Spain and Portugals transitional accession periods end in 1995 or after?


observer's position on legal issue:
they end three years after pharmaceuticals are patentable


legal issue:
Does EC law permit a patent holder in one state to oppose imports of the product from another state?


legal issue:
Are the undertakings in question considered telecommuncations organizations and thus subject to obligations under EC law?


legal issue:
Under EC law, do forms of advertisements such as direct offers to the public include other forms of advertising?


legal issue:
Does EC law permit references to the sponsors name and or logo during programs?


legal issue:
Does Article 59 prohibit an undertaking in another member state to secure judicial recovery of debts of others?


legal issue:
Does EC tariff law mean that the molva molva fish is exempt from customs duties?


legal issue:
Should the national court clarify the terminology in its fisheries law?


legal issue:
Do the agricultural products listed in the Annex to the regulation in question apply to imports of tuna in olive oil?


legal issue:
Do the national courts have the jurisdiction to decide on the case at hand?


legal issue:
If a commercial agent is responsible for a geographical area, is he entitled to commission on all transactions in that area?


legal issue:
Does the term customer belonging refer to the establishment which placed the order?


legal issue:
Do EC regulations with regard to the import arrangements for frozen beef valid in this case?


legal issue:
Does EC law preclude legislation that denies members of the family of a worker the right to insurance contributions?


legal issue:
Can this judgement be relied on in support of claims concerning insurance benefits?


legal issue:
Is the dismissal of a transsexual sexual discrimination?


legal issue:
Does Article 30 preclude a system of type approval of alarm systems and networks like the ones in question?


legal issue:
Does Article 8 mean that the items in question are covered by the requirement of notification under that provision?


legal issue:
Can EC law be relied on by individuals before a national court in the case area at hand?


legal issue:
Does non discrimination on grounds of nationality apply to a national who is employed in an embassy in a non member state?


legal issue:
Does the ECSC treaty constitute the legal framework for dealing with discrimination practices within the coal business?


legal issue:
Did Belgium fail to fulfil obligations over environmental projects?


legal issue:
Does EC law apply even where cash benefits are not payable until a cetain period of time has elapsed post-incapacitation?


legal issue:
Does EC law preclude the institution responsible for paying the benefits from adducing evidence of no incapacity for work?


legal issue:
Is the supply of services on water plying between two member states taxable in the providers member state?


legal issue:
Does a national provision which makes a funeral payment conditional on it taking place in the Member State concerned infringe the prohibition of discrimination on grounds of nationality?


legal issue:
Does EC law mean that observance of the quality standards for food aid constitutes an obligation which the successful tenderer must fulfil?


legal issue:
Is security forfeited where quality standards have been infringed


legal issue:
Does the successful tenderer incur liability in the case at hand?


legal issue:
Did the national authority have the power to award a special reference quantity to the applicant?


legal issue:
Does EC law prohibit the levy in question?


legal issue:
Is EC law on protective measures on frozen strawberries origininating in Poland and Yugoslavia valid?


legal issue:
Should the ECJ examine whether national legislation is compatible with the principles concerning observance of the rights of the dewfence and of the adversarial nature of the proceedings?


legal issue:
Does EC law mean that the law requiring an unemployed person to be employed for 3 months after returning to Belgium is applicable only where the unemployed person claims to requalify for benefits and not to acquisition of entitlement to benefits under the


legal issue:
Does EC law apply to the national rules prohibiting business on public holidays and Sundays?


legal issue:
Does the concept of economic activities include the purchase and sale of shares by a trustee in the course of the management of the assets of a charitable trust?


legal issue:
Should the Common Customs Tariff be interpreted as meaning that a basic module for the assembly of a data-processing machine is classified as a unit?


legal issue:
Can a national of a a Member State purising an activity as a self employed person in another Member State rely on EC law in the case at hand?


legal issue:
Does EC law preclude a member state from applying to a national of a member state a higher income tax in the situation at hand?


legal issue:
Does EC law preclude a member state from taking accout of the fact that the taxpayer is not obliged to pay contriubtions to its national social insurance scheme?


legal issue:
Does EC law preclude the accounting operation in question?


legal issue:
Does national legislation prohibiting pesticides for non-agriculutral use violate EC law?


legal issue:
Is the national legislation in question justified under EC law even if the product has already been authroized for sale in another state?


legal issue:
Does EC law preclude the national legislation concerning model year dates for motor vehicles in question?


legal issue:
Are member states liable for reparation in the cases at hand?


legal issue:
Can member states make liability subject to the same restrictions laid down in national constitutions where those restrictions make reparation virtually impossible?


legal issue:
Should national legislatures establish the conditions governing entitlement to compensation when Community harmonization is absent?


legal issue:
Should state liability depend on finding fault accompayning the infringement of the provision?


legal issue:
Should national legal systems determine the types of injury for which reparation may be awarded and the criteria for quantifying the loss?


legal issue:
Should compensation paid to male or female workers for taking part in statutorily established staff representation constitute pay?


legal issue:
Does legislation that limits women from getting compensation violate EC law?


legal issue:
Does EC law apply where a motor vehicle dealership moves and takes on a part of the staff?


legal issue:
In the absence of implementing measures for a directive, can a consumer base a right of action on that directive against a lender who is a private litigant?


legal issue:
Does EC law mean that national courts cannot declare that the banking legislation in question is abusive?


legal issue:
Can proof of service be produced after the application has been made during appeal proceedings?


legal issue:
Is an immigrant worker entitled to have payment of contributions to pension schemes continued at the same level when called up for military service?


legal issue:
Does EC law prohibit the administration/import of veterinary medicianl products that have not been authorized by states?


legal issue:
Does EC law cover vehicles used for the collection of waste of all kinds which is not subject to more specific rules?


legal issue:
Is it open to a state to determine which communications services are to be excluded from its scope in implementatin of EC law?


legal issue:
Does EC law require a mebmber state to compensate an entity for any loss suffered by it as a result of the error committed by the state?


legal issue:
Does EC law on insurance mean that social security schemes such as the one in this case are excluded from the scope of the directive?


legal issue:
Are member states supposed to define the concept of building land within EU law or should the court specify a definition?

observer's position on legal issue:
member states should specify a definition


legal issue:
Should EU regulations be interpreted as applying only to imports of standardized electric motors which are finished?


legal issue:
According to EU law, can insurance contracts provide that the insurer is not obliged to pay compensation for damages done by a drunk driver?


legal issue:
Is EU law to be interpreted as covering compulsory charges such as additional motor insurance premiums when they are social contributions?


legal issue:
Is the third paragraph of Article 3 of the protocol to be interpreted as applicable to the aformentioned compulsory charges?


legal issue:
Does the second paragraph of Article 3 of the protocol apply to indirect taxes levied on the prevoision of services?


legal issue:
Should EU law be interpreted as including unemployed persons such as the plaintiff?


legal issue:
Does EU law preclude the requirement that businesses which meet the aformentioned criteria must provide the requested services?


legal issue:
Are EU regulations invalid that allow for custom duties to be imposed upon imported mushrooms?


legal issue:
Are EU regulations allowing for import duties for mushrooms invalid?


legal issue:
Are companies allowed to repackage and remarket trademark products as long as the quality of product is not affected and the trademark is still visible?


legal issue:
Does a national court have jurisdiction to take action in state aid cases when the case has already been rerferred to the ECJ?


legal issue:
Can there be a government program which offers benefits to women of a certain age but not to men of that age?


legal issue:
Can a trade mark owner restrict the repackaging and reselling of his products when the product quality and reputation is not damaged?


legal issue:
Is income from the financial management of properties excluded from VAT charges?


legal issue:
Do benefits awarded through a workers home country count against unemployment benefits received through the country in which he is working?


legal issue:
Can a member state use economic considerations in deciding where to declare a bird protection zone?


legal issue:
Does Ireland have the right to impound an airplane that is operating under a foreign flag but is owned by a Yugoslavian interest, considering the embargo on Yugoslavia?


legal issue:
Does community legislation currently cover Turkish workers in Member States and make them eligible for social benefits?


legal issue:
Does community law require that disability insurance payment amounts be calculated based on amount contributed to the system instead of time since last employment?


legal issue:
Do commission regulations allow for Italy to allocate tobacco quotas as it sees fit?


legal issue:
Can a member state impose penalties on operators who transport waste without obtaining a permit?


legal issue:
Does community legislation on the importation of cattle confer, by direct effect, rights to individuals which they may assert against the state?


legal issue:
Does an individual have a right to request a VAT refund from a member state in which he does not reside if he lives in another member state?


legal issue:
Is the hiring out of property for commerical uses to gain profit taxable?


legal issue:
Is the interest saved from taking an interest-free loan from a parent company taxable?


legal issue:
Should the services of an engineer who works in many different states be charged singularly under the VAT?

observer's position on legal issue:
should be refered back to national governments


legal issue:
Are penalties against persons who violated importation quotas for German steel before German unification still valid?


legal issue:
Does community law prohibit a member state from requiring litigants to produce a security deposit for judicial proceedings?


legal issue:
Is it necessary for a member state to first grant a license for water pollution before the direct effect of appropriate community legislation applies?


legal issue:
Is a company whose sole purpose is to expore the profitability of something and then exploit it considered an econ. activity even if the profitability survey concludes that the activity isnt profitable and the company is immed. liquidated after?


legal issue:
Should the two Council decisions in question be annulled?


legal issue:
Is regulatoin 482/74 still in force with regards to the four import declarations at issue?


legal issue:
Must this Council Directive be interpreted as permitting a member to enact rules restricting trade in specimens belonging to a species which is not listed in the annexes to that directive?


legal issue:
Is this permitted if the birds were raised in captivity

observer's position on legal issue:
the directive does not apply to those raised in captivity


legal issue:
Is the article to be interpreted as meaning that there is a regulated profession even where the only education for the profession are provided by earning a certain degree?

observer's position on legal issue:
The german system is an indirect regulation


legal issue:
Does Community law preclude charging interest on the import duty/levy?


legal issue:
Does Community law preclude charging interest on the import VAT?


legal issue:
Is the Italian code requiring the foreigners wishing to be party to a civil suit file a special legal document contrary to community law?


legal issue:
Does Article 7(1) preclude application of national laws maintaining at 1.20% the rate of registraion duty on contributions of movable property made in the context of a marger?


legal issue:
Is national legislatoin which protects birds that don't occur naturally in the wild in the EU compatible with community law?


legal issue:
Does the previous judgment mean that exporters may only claim reimbursement for clawback unduly charged after the date he brought proceedings or also before?


legal issue:
Are there community standards to rely on for determining reimbursement?

observer's position on legal issue:
yes, Article 2(2) of Council Reg No 1430/79


legal issue:
Do the Articles in question mean that an undertaking to discontinue milk production constitutes the provision of services so that the compensation received is subject to a turnover tax?


legal issue:
Does rgulation 123/85 prevent a trader who is neither an approved reseller nor an authorized intermediary from carrying on business as an independent reseller of new vehicles of that make?


observer's position on legal issue:
naitonal courts should make the decision


legal issue:
Is Article 2 to be interpreted as meaning that the inspectino pennant must be displayed on the boarding boat or is it sufficient that the parent boat displayed the symbol?


legal issue:
Are skippers required to stop if they are unaware of the status of the representative trying to board?


legal issue:
Does Article 4(1) preclude laws that have minimum income requirements for receiving benefits even if it is shown that these laws affect women more than men?


legal issue:
Should Commission regulatoin EEC No 685/93 be annulled?


legal issue:
May a parralel importer carry on the businesses of intermediary and of reseller of imported vehicles at the same time?


legal issue:
Does it follow from the principle of equal pay or from the principle that pregnant omen have a lawful right to protection that women on maternity leave must ocntinue to receive full pay?


legal issue:
Does a decision of the national customs authority dismissing an application for remission of duties involve the application of substantive tax provisions or was it adopted by the customs service acting as a tax authority?


legal issue:
Does "duties which have not yet been paid" mean duties whose payment has been deferred?


legal issue:
Was the customs authority required to assess the application for remission from the point of view of the general principle of equity?


legal issue:
Does the prohibition of indirect discrimination preclude national legislation that make membership of a staff council protected only against missing work hourse because of staff council duties?


legal issue:
Is the effect of treaty law that before 1 July 1982 member states could not require nationals from another member state who were pursuing the same job as self employed persons to pay ocntributions to the Belgian pension scheme?


legal issue:
Should the Commission's decision be annulled?


legal issue:
Does Article 3(1) impose on member states an obligatoin to grant a special reference quantity to producers who have adopted milk development plans under CD 72/159/EEC?


legal issue:
Should the discretion vested to the competent authority in Ireland be construed as an obligation to grant a special rederence wuantity to the appellants since their milk plans were approved by the competent authority in Ireland?


legal issue:
Does community law preclude a nationa law like the IOAW because a significantly greater number of men than women are eligible?


legal issue:
Can a member state refuse to grant pension benefits based on nationality?


legal issue:
Should levies be determined by the estimated production of the products is determined at the end of each year?


legal issue:
Do the purchasers of a packaged tour have the right to reimbursements in the event of the insolvency of the organizer?


legal issue:
Does the failure to transpose a directive to achieve its desired results violate community law and entail liability?


legal issue:
Are the member states liable for compensation in this instance?


legal issue:
Are national laws requiring accompanying documents for transactions within the confines of the state ok?


legal issue:
Should child-raising allowances be treated as family benefits as according to Community law?


legal issue:
Is the spouse who lives in a different state than the person employed entitled to benefits such as child-raising allowance?


legal issue:
Does child-raising allowance fall within the scope of equal treament for men and women in matters of social security?


legal issue:
Can a member state deny a parent company located in another state the witholding tax exemption provided by EC law?


legal issue:
Should a parent company rely directly upon EC law against the authorities of the State before the Court in that State?


legal issue:
Does the laws on the transfers of businesses apply to the transfers of administrative functions of municipalities?


legal issue:
Does the Commission have the authority to make laws in the assessment of national aid schemes for fishing vessels?


observer's position on legal issue:
No in this instance, but in general it should have


legal issue:
should taxable amounts on the suppply of goods be reduced when consumers use money off coupons?


legal issue:
Does EC law for social security benefits apply regardless of whether the provisions have been complied with?


legal issue:
Does the right to join an occupational pension scheme fall within the scope of Community law?


legal issue:
Does this case affect the validity of Regulations establishing protective measures on imports of items such as sour cherries?


legal issue:
Do dykes fall under the concept of canalization and flood relief works?


legal issue:
Does the concept of environmental projects include issues relating to dykes?


legal issue:
Are states obligated to undertake an environmental impact assessment concerning a given project?


legal issue:
Does this directive in question have direct effect?


legal issue:
Does the Brussels Convention apply to judgements given against a defendant who was not duly notified of the new rules?


legal issue:
Does community law mean that fees should be calculated based on the weight of the meat that is cut and boned?


legal issue:
Does the Directive impose the same obligation even if the natural habitat of the species in question does not occur in the territory of the MS concerned?

observer's position on legal issue:
Each MS is required to extend the protection prescribed by the Directive to species whose natural or usual habitat does not occur in the territory of that State, but which live in the wild in the European territory of another MS.


legal issue:
Does Art 3(2) of Dir 77/187 preclude an employee employed by the transferor at the date of the transfer of an undertaking from objecting to the transfer to the transferee of the contract of employment?

observer's position on legal issue:
Mr Neuhuys and Mr Merckx may actually have made use of that right to object.


legal issue:
Does the publicaiton of an offer of subscription in a daily newspaper constitute informaiton given in writing to the holders of registered shares within the meaning of Art 29(3) of Dir 77/91?


legal issue:
Are MS which are subject to the obligation of cooperation udner Art 93(1) of the Treaty & has accepted the Guidelines bound by those guidelines when deciding on an application for aid in construction of a fishing vessel, irrespective of the area in which

observer's position on legal issue:
The relevant Community legal instruments on aid do not treat fishing vessels differently according to the place where they fish.


legal issue:
Is Art 11(A)(1)(a) to be interpreted so that the part of the consideration represented by the voucher is the face value of the voucher or the sum actually obtained by the supplier of the goods from the sale of the voucher?


legal issue:
Can Treaty provisions relating to customs duties and charges having equivalent effect be relied upon in support of claims for reimbursement of sums levied befre 16 July 1992 by was of the 'droit additionnel'?

observer's position on legal issue:
The effects of the judgment should be limited in time.


legal issue:
Should the second sentence of Art 5 of Dir 93/104 be annulled?


legal issue:
May the holder of the original authorization rely on Art 5 of Dir 65/65 when contesting the validity of a marketing authorization to a competitor?


legal issue:
Does Art 12(2)(b) of Dir 89/104 preclude such activity by a MS?


legal issue:
Does Art 9(1) of the Dir require regular eye and eyesight tests for all workers to whom the Dir applies?


legal issue:
Do the obligations imposed by Art 2(b) and 2© apply to all workstations defined in Art 2(b)?


observer's position on legal issue:
The obligations apply to all workstations.


legal issue:
May the birds be captured to obviate the problems of consanguinity?


legal issue:
May a MS authorize the capture of protected species of bird in the circumstances described in the case?


legal issue:
If the trademark is re-affixed without the owner's authorization, may the trademark owner prevent an importer from marketing a product?


legal issue:
Should the order for repayment of aid be granted?


legal issue:
Do provisions of logistical and commercial assistance constitute State aid within the meaning of Art 92 of the Treaty.


legal issue:
Is the recipient of aid liable on the basis of Community law?


legal issue:
May a trademarked good be repackaged by another entity if the conditions set by the Court are met?


legal issue:
May economic concerns be considered if they are an overriding public interest?


legal issue:
May economic concerns be considered a general interest superiro to that represented by ecological concerns?


legal issue:
Is Decision No 3/80 binding on the contracting parties?


legal issue:
Does Art 47(1)e of the Reg cover benefits such as that laid down by the Spanish legislation?


legal issue:
Does Art 46(2)c of Reg 1408/71 cover benefits that don't depend on length of insurance period?


legal issue:
Is the Art applicable when Reg 612/77 is infringed?

observer's position on legal issue:
Customs debt arises w/o other conditions being considered.


observer's position on legal issue:
Yes, but should be evaluted on a case by case basis.


legal issue:
Does coordination with another effects provider alter the answer to the other question?


legal issue:
In the absence of full transposition may a MS rely on Art 3 of the Reg RE camium discharge?


legal issue:
May a national court eliminate provisions of national law provisions contrary to an untransposed directive?


legal issue:
Do Arts 2 and 21 of Reg 3477/92 preclude national rules on tobacco such as those described in the case?


legal issue:
May the undertakings be divided into seven groups with different quotas applied to each?


legal issue:
Do Arts 28(3&4) of the Reg mean that the conditions are met when the sugar is disposed of?


legal issue:
Does Art 32a(1) of the Reg, etc. mean that the conditions for materialization are met when production is cacluated at the end of ea. Year from 1986/7-1990/1?


legal issue:
Does Art 1 of the Reg mean that the conditions for materialization are satisfied when production is calculated at the end of 1986/87 marketing year?


legal issue:
Does Art 52 of the Treaty apply to laws on closing times of shops?


legal issue:
Does Dir 83/189 apply to laws governing business closing times?


legal issue:
Do national authorities have the right to set post clearance recovery of duties?


# Referral

referring court:
High Court of Justice of England and Wales


referring court:
Regional Administrative Court for the Lazio region


referring court:
High Court of Justice, Queen Bench Division


referring court:
High Court of Justice, Queens Bench Division


referring court:
Administrative Court for Trade and Industry


referring court:
Maritime and commerical Court of Copenhagen


referring court:
High Court of Justice of the Basque Autonomous Com


referring court:
High Court of Justice, Queen's Bench Division


referring court:
Tribunal Superior de Justicia, Andalusia


referring court:
North Rhine-Westphalia Higher Social Court


