# General Case Characteristics

Judgment Title:
Criminal proceedings against Yvon Chiciak and Jean-Pierre Fol


Defendant:
Instituo Nazionale della Previdenze Sociale (INPS)


Judgment Title:
Hidalgo v Asociacion de Servicios Aser and Sociedad Cooperativa Minerva and Ziemann v Ziemann Sicher

Defendant:
Asociacion de Servicios Aser and Sociedad Cooperativa and Horst Bohn Sicherheitsdienst


Judgment Title:
The Queen v Intervention Board for Agricultural Produce

Plaintiff:
The Queen, ex parte First City Trading Ltd and Others

Defendant:
Intervention Board for Agricultural Produce


Defendant:
Amministrazione delle Finanze della stato


Judgment Title:
Canon Kabushiki Kaisha v Metro-Goldwyn Mayer


Defendant:
Kainiin Liikenne Oy and Oy Pohjolan Liikenne Ab


Plaintiff:
Foreningen af Danske Videogramdistributorer and others


Judgment Title:
The Queen v. Minister of Agriculture, Fishers and Food, ex parte Compassion in World Farming Limited

Plaintiff:
The Queen,  ex parte Compassion in World Farming Limited

Defendant:
Minister of Agriculture, Fishers and Food


Judgment Title:
Ministero delle Finanze v IN. CO. GE.90 Srl and Others


Judgment Title:
United Kingdom of Great Britian and Northern Ireland v Commission of the European Communities


Judgment Title:
Manuela Gomez Rodriguez and Gregorio Gomez Rodriguez v Landesversicherungsanstalt Rheinprovinz

Plaintiff:
Manuela Gomez Rodriguez and Gregorio Gomez Rodriguez


Judgment Title:
Commission of the European Communities v Kingdom of Spain


Judgment Title:
Reiseburo Binder BmbH v. European Court of Justice


Judgment Title:
Safir v Skattemyndigheten i Dalarnas Lan

Defendant:
Skattemyndigheten I Dalarnas Lan, formerly Skattemyndigheten I Kopparbergs Lan


Judgment Title:
Nicolas Decker v Caisse de Maladie des Employes Prives


Judgment Title:
Federal Republic of Germany v Council of European Union


Judgment Title:
Goritz Inransco International v HZA Dusseldorf


Judgment Title:
Regeling v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid

Defendant:
Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid


Judgment Title:
Norbrook Laboratories Ltd v Ministry of Agriculture, Fisheries and Food

Defendant:
Ministry of Agriculture, Fishers and Food


Judgment Title:
Francisco Hernandez Vidal SA v Purdencia Gomes Perez and Others, Santer v Hoechst and Montana v Clar


Judgment Title:
Bent Jensen and Korn-og Foderstofkompagniet A/S v Landbrugsministeriet, EF-Direktoratet

Plaintiff:
Bent Jensen and Korn-og Foderstofkompagniet A/S


Plaintiff:
Caisse Nationale d Assurance Vieillesse des Travilleurs Salaries (CNAVTS)


Judgment Title:
Scotch Whisky Association v Cofepp and Others


Judgment Title:
Office National des Pensions (ONP) v Francesco Conti


Judgment Title:
Commission of the European Communities v Kingdom of Belgium


Judgment Title:
Institute of the Motor Industry v Commissioners of Customs and Excise


Judgment Title:
Anne-Marie Toller v Commission of the European Communities


Judgment Title:
Kalliope Schoning-Kougebetopoulou v Freie und Hansestadt Hamburg


Judgment Title:
Abruzzi Gas SpA v Amministrazione Tributaria di Milano


Judgment Title:
Aristoteles Grajera Rodriguez v INSS and TGSS


Judgment Title:
Louis Wolfs v Office National des Pensions (ONP)


Judgment Title:
The Queen v Maff and Others, ex parte National Farmers Union and Others

Plaintiff:
The Queen, ex parte National Farmers' Union, David Burnett and Sons Ltd, and Others

Defendant:
Ministry of Agriculture, Fisheries and Food


Judgment Title:
Raymond Kohll v Union des Caisses de Maladie


Judgment Title:
Government of the Netherlands Antilles v Council of the European Union


Plaintiff:
Manfred Molenaar and barbara Fath-Molenaar


Judgment Title:
Sudzucker Mannheim/Ochsenfurt AG v Hauptzollamt Mannheim


Judgment Title:
Commission of the European Communities v Council of the European Union


Judgment Title:
Pereira Roque v Lieutenant Governor of Jersey


Judgment Title:
Commissioners of Customs and Excise v First National Bank of Chicago


Plaintiff:
Federation Francaise des Societes d Assurances (FFSA) and Others


Judgment Title:
Commission of the European Communities v Kingdom of Belgium and Grand Duchy of Luxembourg


Judgment Title:
Commission of the European Communities v Portuguese Republic


Judgment Title:
Commission of the European Communities v French Republic


Judgment Title:
Baustahlgewebe GmbH v Commission of the European Communities


Judgment Title:
Commission of the European Communities v Hellenic Republic


Judgment Title:
Beside BV and I.M. Besselsen v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer

Defendant:
Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer


Judgment Title:
Manuel de Castro Freitas and Raymond Escallier v Ministre des Classes Moyennes et tu Torisme

Plaintiff:
Manueal Castro Freitas and Raymond Escallier

Defendant:
Ministre des Classes Moyennes et du Tourisme


Plaintiff:
Compania Internacional de Pesca y Derivados SA (Inpesca)


Judgment Title:
Societa Italiana Petroli SpA (IP) v Borsana Srl


Judgment Title:
Metronome Musik GmbH v Music Point Hokamp GmbH


Judgment Title:
Ecotrade Srl v Altiforni e Ferriere di Servola SpA (AFS)

Defendant:
Altiforni e Ferriere di Servola SpA (AFS)


Judgment Title:
Dusseldorp and others v Minister Van Volkshuisvesting, Ruimtelijke Ordening en Milieubreheer

Defendant:
Minister Van Volkshuisvesting, Ruimtelijke Ordening en Milieubreheer


Judgment Title:
Commission of the European Communities v Grand Duchy of Luxembourg


Judgment Title:
United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities


Judgment Title:
Gut Springenheide and Tusky v Oberkreisdirektor Steinfurt


Judgment Title:
Akman v Oberkreisdirektor des rheinisch-Bergischen-Kreises


Judgment Title:
Chevassus-Marche v Conseil Regional de la Reunion


Judgment Title:
European Parliament v Council of the European Union


Judgment Title:
Aloys Schroder and Others v Commission of the European Communities


Judgment Title:
Anestis Kapasakalis and Others v Greek State


Judgment Title:
Criminal proceedings against Johannes Martinus Lemmens


Judgment Title:
Aprile v Amministrazione delle Finanze dello Stato

Defendant:
Amministrazione delle Finanze dello Stato


Judgment Title:
Hedwig Kuchlenz-Winter v Commission of the European Communities


Judgment Title:
Cabour and Nord Distribution Automobile v Arnor

Plaintiff:
Cabour SA and Nord Distribution Automobile SA


Judgment Title:
Criminal proceedings against Ibiyinka Awoyemi


Judgment Title:
French Republic v Commission of the European Communities


Judgment Title:
Kingdom of Denmark v Commission of the European Communities


Judgment Title:
Skatteministeriet v Aktieselskabet Forsikringsselskabet Codan


Judgment Title:
Ireland v Commission of the European Communities


Judgment Title:
Italian Republic v Commission of the European Communities


Judgment Title:
Kathleen Hill and Ann Stapleton v Revenue Commissioners and the Deparment of Finance

Defendant:
Revenue Commissioners and the Deparment of Finance


Judgment Title:
Rijksdienst voor Pensioenen v Gerdina Lustig


Judgment Title:
Marcel Schoonbroodt and Others v Belgian State


Judgment Title:
Dansk Metalarbejderforbund, acting on behalf of John Lauge and Others v Lonmodtagernes Garantifond

Plaintiff:
Dansk Metalarbejderforbund, acting on behalf of John Lauge and Others


Judgment Title:
Council of the European Union v Lieve de Nil and Christiane Impens


Judgment Title:
Commission of the European Communities v Ireland


Judgment Title:
Corsica Ferries France SA v Gruppo Antichi Ormeggiatori del Porto di Genova Coop. arl and Others

Defendant:
Gruppo Antichi Ormeggiatori del Porto di Genova Coop. arl and Others


Defendant:
Fonds d Intervention et de Regularisation du Marche du Sucre (FIRS)


Judgment Title:
Kingdom of Netherlands v Commission of the European Communities


Defendant:
Fonds d Intervention et de Regularisation du Marche du Sucre


Judgment Title:
Italy v Horst Otto Bickel and Ulrich Franz


Judgment Title:
Langnese-Iglo GmbH v Commission of the European Communities


Judgment Title:
Bestuur van het Landelijk Instituut Sociale Verzekeringen v C.J.M. Voeten and J. Beckers

Plaintiff:
Bestuur van het Landelijk Instituut Sociale Verzekeringen


Judgment Title:
Karlheinz Fischer v Finanzamt Donaueschingen


Judgment Title:
Commission of the European Communities v Italian Republic


Judgment Title:
Commission of the European Communities v Portugese Republic


Judgment Title:
Georg Bruner, trading as 'Georg Bruner' v Hauptzollamt Hamburg-Jonas


Judgment Title:
H v Commission of the European Communities


Judgment Title:
The Queen v Commissioners of Customs and Excise, ex parte EMU Tabac SARL and Others

Plaintiff:
The Queen, , ex parte EMU Tabac SARL and Others


Judgment Title:
Vera A. Partridge v Adjudication Officer


Judgment Title:
Oelmuhle and Schmidt Sohne v Bundesanstalt fur Landwirtschaft und Ernahrung

Defendant:
Bundesanstalt fur Landwirtschaft und Ernahrung


Judgment Title:
Commission of the European Communities v Kingdom of the Netherlands


Judgment Title:
Criminal Proceedings against John Charles Goodwin and Edward Thomas Unstead

Defendant:
John Charles Goodwin and Edward Thomas Unstead


Judgment Title:
Commission of the European Communities v Federal Republic of Germany


Judgment Title:
Connemara Machine Turf Co. Ltd v Coillte Teoranta


Judgment Title:
Commissioners of Customs and Excise v T.P. Madgett and R. M. Baldwin, trading as Howden Court Hotel

Defendant:
T.P. Madgett and R. M. Baldwin, trading as Howden Court Hotel


Judgment Title:
Fuerzas Electricas de Catalunya SA (FECSA) and Autopistas v Departament dEconomia i Finances de la

Plaintiff:
Fuerzas Electricas de Catalunya SA (FECSA) and Autopistas Concesionaria Espanola SA

Defendant:
Departament dEconomia i Finances de la Generalitat de Catalunva


Judgment Title:
Augusto Fichtner v Commission of the European Communities


Judgment Title:
Ourdia Djabali v Caisse d Allocations Familiales de l Essonne

Defendant:
Caisse d Allocations Familiales de l Essonne


Judgment Title:
SPAR v Finanzlandesdirektion fur Salzburg


Defendant:
Jules Dassy and Sovam SPRL, in liquidation


Judgment Title:
Greenpeace Council and Others v Commission

Plaintiff:
Stichting Greenpeace Council (Greenpeace International) and Others


Judgment Title:
Wilhelm Mecklenburg v Kreis Pinneberg--Der Landrat


Plaintiff:
Odette Nikou Petridi Anonymos Kapnemboriki AE


Judgment Title:
B.S. Levez v T.H. Jennings (Harlow Pools) Ltd


Judgment Title:
Mr and Mrs Robert Gilly v Directeur des Services Fiscaux du Bas-Rhin

Defendant:
Directeur des Services Fiscaux du Bas-Rhin


Judgment Title:
Commission of the European Communities v Industrial Refuse & Coal Energy Ltd


Judgment Title:
Solred SA v Administracion General del Estado


Judgment Title:
Clean Car Autoservice GmbH v Landeshauptmann von Wien


Judgment Title:
Drouot Assurances SA v Consolidated Metallurgical Industries (CMI Industrial Sites) and Others

Defendant:
Consolidated Metallurgical Industries (CMI Industrial Sites) and Others


Judgment Title:
Silhouette International Schmeid v Hartlauer Handelsgesellschaft


Judgment Title:
Hilmar Kellinghusen and Ernst-Detlef Ketelsen v Amt fur land-und Wasserwirtschaft Kiel

Plaintiff:
Hilmar Kellinghusen and Ernst-Detlef Ketelsen


Judgment Title:
Gemeente Arnhem and Gemeente Rheden v BFI Holding BV


Judgment Title:
Societe Generale des Grandes Sources d'Eaux Minerales Francaises v Bundesmat fur Finanzen

Plaintiff:
Grandes Sources d'Eaux Minerales Francaises


Judgment Title:
Rouhollah Nour v Burgenlandische Gebietskrankenkasse


Judgment Title:
Emesa Sugar (Free Zone) NV v Council of the European Union


Judgment Title:
T. Port GmbH & Co. v Hauptzollamt Hamburg-Jonas


Judgment Title:
Verein fur Konsumenteninformation v Osterreichische Kreditversicherungs AG


Judgment Title:
Emesa Sugar (Free Zone) NV v Commission of the European Communities


Judgment Title:
Landrugsministeriet-EF-Direktoratet v Steff-Houlberg Export I/S and Others


Defendant:
Chambre Syndicale Nationale des Entreprises de Transport de Fonds et Valeurs (Sytraval) and Brinks


Judgment Title:
Alexandros Kefalas and Others v Elliniko Dimosio (Greek State) and OAE


Judgment Title:
The Queen v The Medicines Control Agency, Ex Parte Generics (UK) and Others

Plaintiff:
The Queen,  Ex Parte Generics (UK) and Others


Judgment Title:
Sodiprem and Others v Direction Generale Des Douanes

Plaintiff:
Sodiprem SARL and Others and Roger Albert SA


Judgment Title:
Covita AVE v Elliniko Dimosio (Greek State)


Judgment Title:
Florian Vorderbruggen v Hauptzollamt Bielefeld


Judgment Title:
Galileo Zaninotto v Ispettorato Centrale Repressione Frodi--Ufficio di Conegliano--Ministero delle R


Judgment Title:
De Vriendt and Others v Rijksdienst voor Pensioenen and Others


Judgment Title:
Autotrasporti Librandi Snc di Librandi F. & C. v Cuttica Spendizioni e Servizi Internazionali Srl

Plaintiff:
Autotrasporti Librandi Snc di Librandi F. & C.

Defendant:
Cuttica Spendizioni e Servizi Internazionali Srl


Judgment Title:
Societe Louis Dreyfus & Cie v Commission of the European Communities


Judgment Title:
Lease Plan Luxembourg SA v Belgian State


Plaintiff:
Van Uden Maritime BV, trading as Van Uden Africa Line

Defendant:
Kommanditgesellschaft in Firma Deco-Line and Another


Judgment Title:
Compagnie Continentale (France) SA v Commission of the European Communities


Judgment Title:
Mary Brown v Rentokil Initial UK Ltd (formerly Rentokil Ltd)

Defendant:
Rentokil Initial UK Ltd (formerly Rentokil Ltd)


Defendant:
Wilfried Sanders and Automotive Industries Holding Company SA, declared insolvent


Judgment Title:
NIFPO and Northern Ireland Fishermens Federation v Depeartment of Agriculture for Northern Ireland

Plaintiff:
NIFPO and Northern Ireland Fishermens Federation

Defendant:
Depeartment of Agriculture for Northern Ireland


Judgment Title:
Manifattura Italiana Nonwoven SpA v Direzione Regionale della Entrate per la Toscana

Defendant:
Direzione Regionale della Entrate per la Toscana


Judgment Title:
Somaco SARL v Commission of the European Communities


Judgment Title:
Glencore Grain Ltd, formerly trading as Richco Commodities Ltd v Commission of European Communities


Judgment Title:
Belgian State v Foodic BV (a company in liquidation) and Others


Judgment Title:
Margaret Boyle and Others v Equal Opportunities Commission


Judgment Title:
Kingdom of Spain v Commission of the European Communities


Judgment Title:
Mannesmann Anlagenbau Austria v Strohal Rotationsdruck


Judgment Title:
Bayerische Hypotheken- und Wechselbank AG v Edgar Dietzinger

Plaintiff:
Bayerische Hypotheken- und Wechselbank AG


Judgment Title:
United Kingdom v Clarke & Sons and Ferne

Defendant:
E. Clarke & Sons (Coaches) Ltd and D. J. Ferne


Judgment Title:
Windpark Groothusen GmbH&Co. Betriebs KG v Commission of the European Communities

Plaintiff:
Windpark Groothusen GmbH&Co. Betriebs KG


Judgment Title:
Reunion Europeenne SA and Others v Spliethoff's Bevrachtingskantoor BV and The Master of Vessel Albl

Defendant:
Spliethoff's Bevrachtingskantoor BV and The Master of the Vessel


Judgment Title:
Epifanio Viscido and Others v Ente Poste Italiane


Judgment Title:
Hermes International v. FHT Marketing Choice BV


Judgment Title:
Commission of the European Communities v Maria Lidia Lozano Palacios


Judgment Title:
Hoj Pedersen and Others v Skive and Others

Plaintiff:
Handels- og Kontorfunktionaerenes Forbund I danmark, acting on behalf of Berit Hoj Pedersen & others

Defendant:
Faellesforeningen for Danmarks Brugsforeninger, acting on behalf of Kvickly Skive, and Others


Judgment Title:
Criminal proceedings against Ditlev Bluhme


Judgment Title:
French Republican and Others v Commission


Judgment Title:
Grundig Italiana SpA v Ministero delle Finanze


Judgment Title:
John Deere Ltd v Commission of the European Communities


Defendant:
Mediaprint Zeitungs- und Zeitschriftenverlaag GmbH&Co. KG and Others


Judgment Title:
Kruidvat BVBA v Commission of the European Communities


Judgment Title:
New Holland Ford Ltd v Commission of the European Communities


Judgment Title:
Quelle Schickedanz AG und Co. v Oberfinanzdirektion Frankfurt am Main


Judgment Title:
Haarlemmerliede en Spaarnwoude and Others v Gedeputeerde Staten van Noord-Holland

Plaintiff:
Haarlemmerliede en Spaarnwoude and Others


Plaintiff:
Societe Financiere d Investissements SPRL (SFI)


Judgment Title:
Proceedings brought by Raija-Liisa Jokela and Laura Pitkaranta


Judgment Title:
Federation Belge Des Chambres Syndicales de Medecins v Flemish Government and Others

Plaintiff:
Federation Belge Des Chambres Syndicales de Medecins


# Issue area

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):
association of the overseas countries and territories


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


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


issue area (key word):
Measures implementing a judgement annulling a decision


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


issue area (key word):
Convention on Jurisdiction and the Enforcement of Judgments


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


issue area (key word):
Association of the overseas countries and territories


issue area (key word):
Emergency assistance given by the Community to the States of the former Soviet Union


issue area (key word):
Emergency Assistance given by the Community to the States of the former Soviet Union


issue area (key word):
Possible incompatibility with Community law


issue area (key word):
Failure to initiate infringement proceedings


issue area (key word):
Action for a declaration of failure to act and 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):
own resources of the european communities


issue area (key word):
Cover by the Common Sickness Insurance Scheme


issue area (key word):
Appeal manifestly inadmissible and unfounded


issue area (key word):
Prohibition on concluding exclusive agreements in the future


issue area (key word):
Failure by a Member State to fulfil its obligations


issue area (key word):
Failure to transpose within the prescribed period


# Issues and positions

legal issue:
Does community law preclude placing limitations on collecting retribution based on discrimination violating the rules for equal pay?


legal issue:
If the employer violated other employment rules, does the worker still have standing under equal pay rules if there are restrictions on domestic court enforcement for equal pay but no restrictions on enforcing other rules?


legal issue:
Does community law preclude member state requirements forcing providers of services to have domestic credit guarantees?


legal issue:
Do provisions of Italian liquidation law constitute state aid under the ECSC?


legal issue:
Did Industrial Refuse & Coal Energy Ltd violate the contract such that the Commission deserves to be reimbursed with interest?


legal issue:
Because the Commission notified other companies of its intent to end the contract, did this constitute a breach of contract provisions?


legal issue:
Are medicinal products "essentially similar" for purposes of EU law so that they are marketable if they have the same qualitative and quantitative active principles rather than a more stringent standard?

AG position on issue:
yes, they are essentially similar under these two conditions versus a more stringent standard


legal issue:
Do the 6-10 year protection for innovations on original drugs give special rights to original producers versus generic producers even when the drugs are "essentially similar"?

AG position on issue:
New indications for the original product should enjoy an additional 6 to 10 year protection.


legal issue:
Do generic drug producers have access to the same marketing rights after the 6 to 10 year period referred to earlier?


legal issue:
Do national rules prohibiting the keeping of non-native bees constitute a quantiative restriction on imports?


legal issue:
Are these restrictions on bees justified under provisions protecting the health and welfare of animals?


legal issue:
Does Finlands accession agreement permit a tranitionary tariff upon goods originating in non member states?


legal issue:
Is a "standard tank" referred to in community regulations to be interpreted as excluding additional tanks fitted as an option to motor vehicles or containers?


legal issue:
Does the plaintiffs car, which has been out of production for 30 years and is not commonly used, qualify as a collectors piece under the common customs tariff?


legal issue:
Does community legislation on the harmonization of taxes prevent a member state from subsequently abolishing taxable option provisions and reintroducing exemptions?


legal issue:
Did the Court of First Instance correctly decide against the plaintiffs in a case involving retribution for the control of swine fever?


legal issue:
Does community law preclude the medical institutions in a host member state, rather than the state of residence, from carrying out examinations without the worker having first been examined by in his home state?


legal issue:
Does the Community legislation preclude the member state where the migrant worker is employed from carrying out an examination without first requesting he be examined in his home state?


legal issue:
Do poultry cuts made up of two hind quarters attached to one another by sking constitute "quarters" within community agricultural regulations?


legal issue:
Are the vitamin C tablets referred to included products within the nomenclature on the Common Customs Tariff?


legal issue:
Is there a time limit for resuming milk deliveries, and, is community regulation governing milk delivieries valid?


legal issue:
Should the operative part of the COI's decision imposing the fine be annulled?


legal issue:
Are the pleas based upon infringement of Article 85 admissible?


legal issue:
Does community legislation that estabishes an additional levy on milk and milk producers violate property rights and protection of "legitimate expectations?"


legal issue:
Did the state-owned company violate community supply contract provisions by failing to publicize the contract?

AG position on issue:
no, because the state is only an owner, not a controller of the company

ECJ ruling:
yes, the state could potentially exercise control


legal issue:
Do member state regulations affecting the health and safety of workers which goes beyond the level of community legislation violate the principle of proportionality?


legal issue:
Does community law prevent member states from imposing their own time limits to replace equipment with safer equipment for workers?


legal issue:
If a worker leaves the country and subsequently has a change in salary or income, must his benefits be calculated according to his new salary?


legal issue:
Is community legislation concerning the taxation of raising capital solely applicable to shares on a stock exchange, and if no, is it thus more wide ranging?

AG position on issue:
no, it is applicable to direct exchanges as well

ECJ ruling:
no, it is applicable to direct exchanges as well


legal issue:
If a worker moves between member states, and a member state has a pension benefit based upon years of work, is the member state required to sum the years of work over periods of employment in all member states?


legal issue:
Is the defendant a contracting authority under community law, and thus subject community legislation concerning public supply contracts?


legal issue:
Should the original judgment of the Court of First Instance be set aside?


legal issue:
Must the Court of First Instances ruling be set aside?


legal issue:
May a member state alter a designation of origin registered at the community with national law?


legal issue:
Does community law protect compound designations of origin that are not individually registered?


legal issue:
Does the fact that a municipality has changed service providers imply that there was a transfer of an economic entity entitling former workers to protection?


legal issue:
Can a company terminate workers because of insolvency before a court declared bankruptcy and avoid paying collective redundancies?


legal issue:
Can a member state account for sex in calcualting retirement age for men and women?


legal issue:
Does the right to deduct exist when a person fails to make use of goods/services for taxable transactions?


legal issue:
Is it justified to allow seniority promotions without taking into account experience from another member state?


legal issue:
Should the time employed in another member state be taken into account in seniority promotions?


legal issue:
Should a set of brassieres and briefs be classified under a single code?


legal issue:
Does the amount of levy due refer to the quantity of milk actually delivered?


legal issue:
Can Community transit declarations be granted even if the goods are already presented


legal issue:
Based on the cooperative agreement, can Belgium deny disability to an Algerian whose spouse recieves pension?


legal issue:
Should the Commission decision involving the clearance of accounts of EAGGF be annuled?


legal issue:
Is Italy justified in not recovering an aid granted to Italian road-haulage undertakings due to difficulties?


legal issue:
Are the contested regulations in Articles 2 and 3 in regards to sugar production valid?


legal issue:
Is the first paragraph of Article 13 in regards to customs authorities valid?


legal issue:
Should the tenderer who failed to make a supply of goods bear all the finanacial consequences of the failure?


legal issue:
By appeal, does the concept of injury and threat of inury need to be rexamined in regards to dumping?


legal issue:
Should the Commission decision involving the procedure for attesting conformity in product families be annulled?


legal issue:
Is subjecting short-term accomodations to VAT compatiable with the Sixth VAT Directive?


legal issue:
Should the Court declare that Spain has failed to fulfil its obligations under the EC treaty in regars to bathing water?


legal issue:
Does Article 52 prevent provisions against overlapping of a survivors pension locally and old age pension abroad?


legal issue:
Should it be declared that Italy has failed to fulfil its obligations under the Directive in regards to labeling appliances?


legal issue:
Should it be declared that France has failed to fulfil its obligations under the Directive in regards to veterinary products?


legal issue:
Does an employers granting of benefits to an employees opposite gender cohabitte, but denial for same sex cohabitte, constitute discrimination?


legal issue:
Should the Councils decision in regards to acceptance of Frances aid to wine producers be annulled?


legal issue:
Is the validity of the allocation of fish dependent on whether the Council Resolution was properly adopted?


legal issue:
Is the Council Decision on dock dues arrangements in the French overseas department valid?


legal issue:
Is the levy to finance the chambers of commerce lawful under Article 33 of the Sixth Directive?


legal issue:
Should it be declared that Greece has failed to fulfill obligations of the Directive in regards to exchanging shares?


legal issue:
Should an entity such as OS be regarded as a body governed by public law?


legal issue:
Should an undertaking which carries a commercial activities in the majority be regarded as governed by public law?


legal issue:
Is a public work subject to the Directive when the undertakings fall outside the undertakings from the start?


legal issue:
If the contracting authorities fall outside of scope, is Community funding conditoinal upon the authorities compliance of the Directive?


legal issue:
Was it wrong that the court dismissed as inadmissible the appellants claims?


legal issue:
The the Court of First Instance commit an error by holding, contrary to its intention, the appealent seeked a declaration?


legal issue:
Was the Court of First Instance wrong in its decision on pay slips and weightings?


legal issue:
Do the Articles preclude a national provision that allows a dock-work company the exclusive right to labor?


legal issue:
Does the Council Regulation mean that the use and marketing of ozone depling substances is entirely prohobited?


legal issue:
Does the Council Regulation on substance disclose any factor to affect its validity?


legal issue:
Do foreign exchange transactions such as services by the bank fall under the scope of the VAT directive?


legal issue:
What is the nature of consideration in relation to transactions of goods or services?

AG position on issue:
what the bank recieves by way of spread b/w the bid and offer rates

ECJ ruling:
what the bank recieves by way of spread b/w the bid and offer rates


legal issue:
Should action be brought against the Commission and others?


legal issue:
Does EU law allow a member state to prohibit the selling of veal cattle in another member state in the interests of public morality?


legal issue:
The Commission decision announcing certain grants for European projects seeking to overcome social exclusion should be annulled.


legal issue:
Should the annulment of the decision affect the validity of payments made or undertakings given under the contracts in issue


legal issue:
Is the article applicable where a right to orphans penion has been lost by attainment of age-limit in State where reside, while in another state whose legislation was also applicable to the insured person would run beyond that date?


legal issue:
Can the convention between Germany and Spain prior to the regulation be applied in this case?


legal issue:
Should the Court reverse its previous preliminary ruling in light of new testimony?


legal issue:
Does EU regulation prohibit a state from taxing savings in the form of life insurance through a company in another member state?


legal issue:
Can a member state refuse to reemburse a citizen for medical service incured in another state because he did not seek prior authorization?


legal issue:
Should the Council agreement on bananas at the Uruguay round be annuled?


legal issue:
Has Spain failed to fulfill its obligations on the harmonisation of the laws of Member States relating to turnover taxes?


legal issue:
Does EU regulation specify specific obligations and restrictions upon administrative agencies for the enforcement of advertising regulations?


legal issue:
Is a preliminary ruling that lacks sufficient background and legislative information admissible?


legal issue:
Does community law preclude a member state from effecting set-off between an amount due to a beneficiary of aid payable under Community legislation and an outstanding debt to that member state?


legal issue:
For the purpose of evaluating work performance, can an EU member country count maternity leave as sick leave?


legal issue:
Did Belgium fail to fulfill its obligations by adopting the contested decree without first communicating it to the Commission in draft form?


legal issue:
Is the Commission Decision invalid in whole or in part b/c the Commission lacked the power or misused power or b/c it infringes principle of proportionality?


legal issue:
Can a private insurance company refuse to pay for treatment in another member state without prior approval?


legal issue:
Did the Court of First Instance correctly decide the matter of urgency?


legal issue:
Did the Court of First Instance correctly interpret the initial appeal such that even if the new appeal is correct, it is irrelevant?


legal issue:
Is the suspension of the international agreement between the EEC and Yugoslavia valid?


legal issue:
Does the court have jurisdiction to decide a case adopted under the Treaty on European Union where jurisdiction in reviewing measures whose legal base is an article of the EC treaty.

AG position on issue:
no the court has no jurisdiction to review the legality of a Council act that falls outside of the Communitys competence


legal issue:
Should the decision of the Court of First Instance be overturned in light of inadmissable testimony?


legal issue:
Has the French Government violated its EU obligations by failing to adopt Council directives on taxes for vehicles used to carry goods?


legal issue:
Have the defendants failed to comply with community cargo-sharing arrangements although they have attempted to amend the agreement in violation?


legal issue:
Is the action brought by the UK and Northern Ireland Admissible in so far as it seeks annulment of the Commissions statements of position?


legal issue:
Can Commission Decision on emergency measure to protect against bovine spongiform encephalogpathy be annulled?


legal issue:
Has the Portuguese government failed to fulfil its obligations to implement protection of groundwater against pollution?


legal issue:
Do member states have to recognize work experience in other member state governments for the purpose of pay scaling?


legal issue:
Can plastic wastes, initially subject to stringent transport rules, escape those rules if mixed with other wastes?


legal issue:
Do Community waste laws apply outside of the Community?


legal issue:
Can the destination country autonomously return the waste if it is shipped illegally?


legal issue:
Is a retired civil servant with a child living in a different EU country entitled to child allowance under EU law?


legal issue:
Should the European Court of Justice overrule the Court of First Instance on the basis of new evidence relating to subsidies of fishing vessels?


legal issue:
Does the exclusionary nature of single-lending agreements invalidate Council regulatins concerning intellectual property?


legal issue:
Do the principles of self-sufficiency and proximity apply to waste for recovery as well as waste for disposal?


legal issue:
Is the rule in question effectively a quantitative export quota?


legal issue:
Has Luxembourg failed to implement its obligation to implement water pollution reduction programs?


legal issue:
Are issues not within the main list of the environmental directive, for which Luxembourg is in violation, inadmissible?


legal issue:
Has the Portuguese government failed to implement directives governing the discharge of mercury?


legal issue:
Does EU regulation allow a government to charge a flat rate for imported electricity but a graduated taxation rate for domestic electricity?


legal issue:
Did Portugal fail to fulfil its obligations by not adopting within the time period and/or by not communicating to the Commission the measure necessary to implement the Directive.


legal issue:
Has the Portuguese Republic failed to fulfil its obligations to outline a plan for the abstraction of drinking water?


legal issue:
Is a member state precluded from having laws which makes the validity of an agency contract conditional upon the commerical agent being entered in the apporpriate registrar?


legal issue:
Can the Council Decision on a Community contribution for telematic interchange of data between administrations in the Community be annulled.


legal issue:
In the case of annulment of the Decision can its effects be maintained


legal issue:
Does a failure to report technical specifications invalidate a criminal proceeding?


legal issue:
Does EU free market regulations preclude an agreement for a car dealership to be the sole provider of a certain brand of cars?


legal issue:
Has the Greek government failed to implement standards for reducing water pollution?


legal issue:
Can Ireland seek annulment of Commission Decision eventhough the time for application has expired?


legal issue:
Has Germany failed to fulfill its EU obligations by failing to adopt regulations to ensure equal treatment for non-member state workers?


legal issue:
Does Article 119 preclude difference in time actually worked criteria between part-time job sharers and full time employees?


legal issue:
the judgment of the Court of First Instance that annulled the Councils decision rejecting requests for compensation for material and non-material damage should be set aside

AG position on issue:
yes and refer back to the Court of First instance for judgement on material and non-material damage

ECJ ruling:
yes and no sets aside part of judgment and dismisses claim for compensation for non-material damage and refers back to Court for judement on material damage


legal issue:
Is the reference admissible, given the vague nature of the lower courts handling of the case and the ex parte summary procedure?


legal issue:
Are Italian rules requiring foreign shipping companies to use Italian mooring undertakings compatable with community law?


legal issue:
Do the exclusive rights to moorings preclude the freedom that community law guarantees to provide free maritime transport services?


legal issue:
Under EU law, does pharmaceutical products cover products with the composition of Sargenor, Dynamisan, Lysivit, and Sarvit?


legal issue:
Does a regulation on unemployment benefits apply to unemployed non-nationals at the time the regulation was promulgated?


legal issue:
Is a member state precluded from requiring a person who has ceased working in a state to reside there in order to receive social security?


legal issue:
Are the revenues from an unlawful roulette game taxable?


legal issue:
Did the Commission wrongly retire the appellant?


legal issue:
Does Council regulation prevent a member state from charging excise duty  under very specified conditions?


legal issue:
Does the system of coordination for social security benefits apply to a person originally falling outside of the scope of the community regulation?


legal issue:
Has Spain failed to fulfil its obligations by failing to adopt or communicate to the Commission within the time period the programmes provided for by Article 6?


legal issue:
has the kingdom of the Netherlands failed to comply with it obligations under the EC treaty by failing to clasify a sufficient number and area of special protection areas


legal issue:
Does the supply of counterfeit perfume products constitute a taxable transaction for VAT purposes?


legal issue:
Can a company which contracts out distribution of its products prohibit distribution to certain Member states?


legal issue:
Is the plaintiffs appeal to annul a decision by the Court of First Instance admissible?


legal issue:
Has Italy violated EU law in not fully implimenting Council directives relating to standards for ship inspection?


legal issue:
Does the ECJ need to rule on a preliminary reference where the parties have already resolved the dispute?


legal issue:
Does worker protection under EU extend to a company during liquidation?


legal issue:
Should the decision of the First Court of Instance be overturned in light of EU environmental regulation?


legal issue:
Does freedom of access to environmental material also include access to administrative measures?


legal issue:
Are administrative, non court based actions, considered preliminary investigation proceedings?


legal issue:
Is Article 220 of the Treaty directly applicable.


legal issue:
do articles 48 and 220 preclude a convention between two member states for the avoidance of double taxation from laying down criteria for the taxation of income from employment in one or the other state


legal issue:
Is Article 20 of the Franco-German Convention contrary to Article 28 and 220 of the Treaty and Article 7 of Regulation No 1612/68


legal issue:
Has Germany violated EU law in failing to impliment various Commission directives relating to agricultural products?


legal issue:
Does EU law prohibit the imposition of a duty on share capital where capital duty was already charged?


legal issue:
Is an Italian law requiring a compulsory tariff for the services of customs agents a violation of Community law?


legal issue:
Can the rule of equal treatment of workers in the context of freedom of movement be relied upon in order to employ workers who are nationals of another Member State?


legal issue:
Is a Member State precluded from providing the owner of an undertaking exercising a trade on  territory of  State may not appoint as manager a person not resident there?


legal issue:
Is Article 21 applicable in the case of two actions for contribution to general average


legal issue:
Do Council directives on the harmonization of turnover tax laws preclude member states from making exceptions for documentation?


legal issue:
Does the principle of non-discrimination apply to situations of differing tax documentation?


legal issue:
Does the court have jurisdiction to answer the questions referred to it


legal issue:
Does EU law allow a national court to refuse to apply the provisionons on the common organization of the market in bananas?


legal issue:
Is Article 7 of the Directive to be interpreted as meaning that sums paid to the hotelier by the consumer at the holiday resort fall within the scope of that article for the purposes of repatriation if the holidaymaker is prevented from leaving the hotel


legal issue:
Does community law in principle preclude a national rule from allowing non-recovery of Community aid paid but not due, regard being had to certain said criteria?


legal issue:
Should the ECJ overrule the Court of First Instance in light of allegedly violating the Commissions right to due process?


legal issue:
Does community law preclude national courts from  national law in order to assess whether a right arising from a provision of community law is being exercised abusively.


legal issue:
Can a shareholder relying of Article 25 of Second Directive be deemed to be abusing the right arising from  provision because have taken benefit from capital increase or have not exericed right to take up new shares.


legal issue:
has Belgium failed to fulfil its obligations under the Treaty by failing to adopt with the prescirbed period the provisions necessary to implement the Directive


legal issue:
Does EU regulation prevent the French government from selectively applying dock dues?


legal issue:
Can the decision of the Court of First Instance be appealed for dismissing as inadmissible appellents action for annulment of Commission decision?


legal issue:
Is a publically-owned company that operates passanger buses exempt from the requirement of harmionization in relation to hour limitations?


legal issue:
Is the requirement to carry a driving log satisifed is the log only covers the day it is checked?


legal issue:
Is the presence in Belgian, of a small number of leased vehicles by company, with estab. place of business in Luxem., mean the lessor has a fixed establishment in Belgium?


legal issue:
Is it contrary to the article for national rules toproide tht taxable persons not established in the Member State to receive interest only from time as notice to pay was served and at a lower interest rate than to taxable persons in said territory of Stat


legal issue:
Can the the judgement of the Court of First Instance be appealed b/c it dismissed as inadmissible the action for annulment brought by Continentale?


legal issue:
If an employee has a contract stipulating a right of termination for the employer, if the employee violates those provisions because of pregnancy, is her dismissal permissible?


legal issue:
Appealing to annul a Commission decision.  Judgement as to the admissibility of the appeal


legal issue:
Can the the judgement of the Court of First Instance be appealed b/c it dismissed as inadmissible the action for annulment brought by Glencore


legal issue:
Does "Kashkaval" in a regulation on agriculture refer solely to sheep milk cheese?


legal issue:
Does a product outside of specified products qualify for special levy distinctions for said specified products?


legal issue:
Do French regulations that do not allow deduction of VAT for transport put to business use violate Community VAT standards?


legal issue:
Should the ECJ overrule the Court of First Instance in relation to having testimony ruled inadmissable?


legal issue:
Is a guarntee given to a financial instuttion by an individual who is not acting in the course of his trade or profession under the protection of Council directives?


legal issue:
Does the occasional transport of tourists to and from airport count as regular service under EU regulation?


legal issue:
seeking to annul commission decision refusing the financial support that Windpark has requested


legal issue:
Does  national provision  relieving an undertaking of obligation of complying with generally applicable legislation concerning duration of employ. contracts entail the grant of state aid?


legal issue:
Can the decision of the court of first instance be partially set aside?


legal issue:
Should Commission regulations persuant to the concentration of company power be annuled for lack of treaty base?


legal issue:
Does Community law prohibit differences in consumption tax levels and collection procedures between domestic and imported products?


legal issue:
Can the ruling of the court of first instance be overturned.


legal issue:
Must a project be preceded by an environmental impact assessment before consent is given for the project?


legal issue:
Does German child-raising allowance constitute a family benefit or social advantage?


legal issue:
Can Mrs. Martinez be classified as a worker within the meaning of community law during the time period at issue?

AG position on issue:
yes/no-up to the national court to decide whether she fulfills requirements

ECJ ruling:
yes/no-up to the national court to decide whether she fulfills requirements


legal issue:
Can it be required to be in possession of a formal residence permit to receive child-raising allowance?


legal issue:
Does the Directive mean that a claim can be fulfilled by a payment during the proceedings by payment for something prior?


legal issue:
Can a alcoholic drink containing 30% alcohol be classified as whiskey under common law?


legal issue:
Does the Act of Accession mean nationals from states other than UK are not liable to be deported?


legal issue:
Except for national security/health/policy, are the authorities at Jersey allowed to deport nationals of other Member States?


legal issue:
Are nationals from other member states allowed to be deported from Jersey even if it is not justified to deport them from the UK?


legal issue:
In order to determine product misleadings, must the expectations of the consumer be addressed?


legal issue:
Can national provisions fixing the ceiling for a payment be used against individuals where the Commission has not been informed?


legal issue:
Does the EC treaty preclude tax relief on the requirement that the companies business consist of shares of subsidiaries?


legal issue:
Does the treaty require courts to interpret domestic legislation consistentily w/ Community Law when falling outside its scope?


legal issue:
Is the Article and CN code in regards to agricultural products and regulations valid?


legal issue:
Under the conditions, does Community law preclue national legislation from recovery of unduly paid Community subsidies?


legal issue:
Was the Court of First Instance wrong in dismissing Smanors attempt to make the Commission act?


legal issue:
Should it be declared that by failing to implement the Directive in regards to voting in municipal elections, the UK has failed obligations?


legal issue:
Has examination fo Article 5 of the Council Regulation in regards to ozone depletants raise factors which affect its validity?


legal issue:
Should it be declared that Belgium has failed to fulfill its obligations under the Directive in regards to micro-organisms?


legal issue:
Should the Article be interpreted as allowing a trade marks proprietor to prohibit third parties from importing the mark?


legal issue:
May the proprietor of a trade mark seek an injunction against third parties for goods on the market from a non-Contracting state?


legal issue:
Does the trader act in compliance w/ the Directive if he offers labels for foodstuffs in Italian, French, and English, while in Germany?


legal issue:
Can labels in corresponding languages be displayed on other points, such as a wall, instead of the foodstuffs?


legal issue:
Is it in compliance w/ the free movement of goods to have stricter conditions of compliance in regards to noise in Germany?


legal issue:
Does the Article require the qualifications in medicine referred to in the Directive by obtained before training/practice can begin?


legal issue:
Can the bodies for awarding contracts also hear appeals?


legal issue:
In order to determine a pro rata pension, must the INPS base its calculatoins on the theoretical pension or supplement it to meet the statutory minimum?


legal issue:
Does this council directive require member states to introduce measures to enable a complaintant to pursue a claim where these criteria apply?


legal issue:
Does this council directive require member states to do this save for these circumstances?


legal issue:
Did Germany fail to fulfil their obligatoins?


legal issue:
Does treaty law preclude laws like the Italian one that limits the temporal effects of an ECJ judgement?


legal issue:
Is Article 5 compatible with a national law that provides a 3 year limit from the date of payment?


legal issue:
Does Community law allow provisions which provide these time limits before a directive is transposed into national law?


legal issue:
Does Community law prohibit a member state from resisting actions for repayment of charges by relying on a time limit like in this case?


legal issue:
Does community law preclude a member state from resisting repayment when the directive has not been yet transposed into national law?


legal issue:
Are exporters obliged to repay advanced export refunds in situations like this?


legal issue:
Does community law preclude repayment with interest calculated in less than favorable means?


legal issue:
Is tobacco that must be inserted into a tube to be smoked classified as smoking tobacco?


legal issue:
Does a member state who mistakenly classifies this become liable?


legal issue:
Did Belgium fail to fulil their obligations?


legal issue:
Has france failed to fulfil their obligations?


legal issue:
Should EEC Regulation 1738/91 be regarded as invalid?


legal issue:
For assessment of similarity of goods must the distinctive character of earlier trademark/reputation be taken into account?


legal issue:
Is Belgian legislation in violation of the rules of free movement of goods?


legal issue:
Does the regulation in question mean that a transport undertaking is entitled to terminate its obligation for only a certain part of a route?


legal issue:
Does the article in question mean that the customs authorities must take account of suspensions to recalculate the amount of duties?


legal issue:
Does a national court have the ability to rule on the question when the Commission has delivered a decision like the one in question?


legal issue:
Did Ireland fail to fulfil their obligations in this case?


legal issue:
Does Article 30 preclude a person from giving consent to the rental of his own releases while at the same time preventing the renting of imported leases?


legal issue:
Can the review bodies in question hear appeals?


legal issue:
Does community law reqiure an awarding authority to intervene?


legal issue:
If a Turkish national works for a year in a government-sponsored social welfare program, is he to be counted as part of the workforce?


legal issue:
Does the obligation on a national court to disapply national legislation introducing a charge contrary to Community law must lead the court to uphold claims for repayment.


legal issue:
Has Germany failed to fulfill its community obligations by not providing full distinction of heat treament for meat and boars?


legal issue:
Has spain failed to fulfil its obligations by keeping in force the said provisiond requiring spainish constituency, residency or nationality for certain employments


legal issue:
If the limit value established is applicable only to PCP its salts and esters and to preparations from those substances or also applicable to products treated with those substances or preparations.


legal issue:
Is the exhibition of motion pictures fall under the exemption schedule of the ECJ?


legal issue:
does a national rule which provides that a supplement to a mineworkers retirement pension to be reduced by amount entitled in another state constitutes a provision for reduction of benefit within the meaning of Regulation as amended


legal issue:
Does the Institute of the Motor Industry qualify as a trade union for the purpose of EU protection?


legal issue:
Should the decision of the Court of First Instance allowing the Commission to fire Ms. Toller be overturned on the grounds that the Court of First Instance misclassified the petition?


legal issue:
Should the Commissions trade agreement on quotas between China and member states be overturned due to lack of jurisdiction?


legal issue:
Is a retirement scheme allowing men and women to enter into retirementat the age of 60 but the method of calculating pension still differs according to sex still covered by the derogation in Article 7 of the Directive.


legal issue:
Should the decision of the Commission in regards to trade with China be annulled for overstretching the Commissions power?


legal issue:
Does EU law prohibit a national law which requires one to receive authorization before selling cow semen?


legal issue:
Does EU law prohibit national law which prevents the practice of artificial insemination in the interest of the welfare of the animal?


legal issue:
Are laws regulating administrative fines for motor vehicle applications invalidaded by EU law?


legal issue:
Did France fail to fulfil its obligation under Article 30 of the EC treaty by adotping the Decree without taking account the contents of the detailed opinion and reasoned opinion of the Commission concerning mutual recognition


legal issue:
Has Greece failed to fulfil its obligations by precluding on ground of nationality, Community workers and their families from large family status for benefits provided for large families.


legal issue:
Can the Decision on the clearance of accounts presented by the Member States in respect of the expenditure for 1992 of EAGGF be annulled in part


legal issue:
If at least one of the parents of a Turkish child has worked in a member state for at least three years, is the child entitled to member state citizenship even if the parent is no longer working?


legal issue:
Has Spain violated its EU obligations by failing to implement legislation to reduce pollutents into the common environment?


legal issue:
Does Community law allow a member government to impose a time limit of three to five years for the initiation of proceedings for refund of customs duties?


legal issue:
appeal against the court of first instance seeking to have that judgement set aside


legal issue:
Did Portugal fail to fulfil its obligations by failing to adopt within time the laws, regulations and administrative provisions necessary to comply with the Directive


legal issue:
Can the Decision on the clearance of accounts presented by the Member States in respect of the expenditure for 1992 of EAGGF be annulled in part?


legal issue:
Should the action of the Commission in regards to processed cheese and cereals be annuled for lack of authority and research?


legal issue:
Can the Decision on the clearance of accounts presented by the Member States in respect of the expenditure of 1992 of EAGGF be annulled in part


legal issue:
Should the decision of the Court of First Instance annuling the European Parliaments hiring acts be overturned because it allowed new pleas to be introduced?


legal issue:
Did Ireland fail to fulfil its obligations by failing to adopt within the prescribed period the laws, regulations and administrative provisions to comply with the Directive


legal issue:
Has Belgium failed to fulfil its obligations by not adopting within the prescribed period all the measures of the Directive.


legal issue:
Can a facility which extracts white sugar liquid from cane sugar qualify as a production unit or a refinery?


legal issue:
Can the Decision on the clearance of accounts presented by the member states in respect of the expenditure for 1990 of the EAGGF be annulled?


legal issue:
Does EU law allow a member government to allow citizens to use a non-official language in court proceedings but not afford the same protection to non-citizens?


legal issue:
appeal against the Court of First Instance where that judge dismissed an application  for the annulment of the contested decision


legal issue:
Has belgium failed to fulfil its obligations by failing to adopt within the time, regulations and administrative provisions to comply with the directive


legal issue:
Should the Councils agreement on third-party trade be invalidaded due to lack of jurisdiction?


legal issue:
Did France fail to fulfil its obligations by failiing to adopt within the time, regulations and administrative provision necessary to comply with the Directive


legal issue:
Has the Italy failed to fulfil its obligations by failing to adopt pollution reduction programmes  to communicate summaries  and results of their implementation and to provide relevant information


legal issue:
Has Germany failed to fulfil its obligations under Articles 2,3,5(2),6(2),8,9 and 12(1) and (2) of the Directive

AG position on issue:
yes under the third paragraph of Article 189, Article (20, 12(1) and (2), dismiss the rest

ECJ ruling:
yes under Articles 2(1), 4(2) and 12(1) and (2)


legal issue:
Does Article 26 apply to a hotelier who in return for a package price offers his guests also return transport and an excursion by coach during stay at hotel


legal issue:
Does the VAT scheme only apply to third parties


legal issue:
Did Community legislation prohibit the planting of new wine vineyards?


legal issue:
Should articles 11 and 12 of Directive be interpreted as precluding the levying of duty on the notarial deed recording the redeption of a loan in circumstances such as those of the main proceedings


legal issue:
Should the ECJ annul the decision by the Court of First Instance against the EP on the basis that it should have been ruled inadmissable?


legal issue:
Has Italy failed to fulfil its obligations by failing to adopt within the time the laws, regulations and administrative provisions to comply with the Directive


legal issue:
Did Belgium fail to fulfil its obligations by failig to adopt within the time the laws, regulations and administrative provisions to comply with the Directive


legal issue:
Are Council directives solidiying negotations with third-party countries in relation to rice and broken bread imports invalid?


legal issue:
Are the regulations to be interpreted  as prohibiting the authorities in the Member Staes from charging applicants administrative fees for processing applications for compensatory payments and premiums


legal issue:
Are there any factors of such a kind to affect the validity of the Regulations


legal issue:
Is an agreement between a municipality and a private entity a service contract under EU law?


legal issue:
Did Ireland fail to fulfil its obligations by failing to adopt within the period prescribed the laws, regulations and administrative provisions to comply with the Directive


legal issue:
Can a trader in cherries utilize EU legislation to receive back the post-clearnce import duties if he failed to consult the import and export duties tables?


legal issue:
Do the articles preclude legislation of a Member State which provides for road-haulage tariffs


legal issue:
Is the concept of general interest referred to by the Court in the Reiff and Delta cases the same as public interest used in Centro judgement


legal issue:
Is the definition and appraisal of the terms general interest and public interest the responsibility of the individual member states.


legal issue:
Is it the task of the national court to determine the public interest criteria and ensure they are observed and a framework for competition that conforms with community law.


legal issue:
Did Greece fail to fulfil its obligations by failing to adopt within the prescribed time the laws, regulations and administrative provisions to comply with the Directive


legal issue:
Did Greece fail to fulfil its obligations by failing to adopt within the prescribed period the laws, regulations, and administrative provisions to comply with the Directive


legal issue:
Does the Brussels Convention give the Netherlands government the right to oversee and adjudicate contractual disputes between private parties?


legal issue:
Does EU law continue to protect an employee when his contact is transferred in liquidation to a different holding?


legal issue:
Does the Directive apply to the imposition on captial companies of a tax such as the annual tax on the net assets of companies introduced by virtue of Decree Law Italy


legal issue:
Has Luxembourg failed to fulfil its obligations  by failing to adopt the time, the laws, regulations and administrative provisions neceassary to comply with the Directive.


legal issue:
Should the actino of the Commission in regards to textile policy be annuled for failure to comply with supposed violations of previous ECJ rulings?


legal issue:
Does EU law prohibit national legislation which stipulates a woman on maternity leave should only receive half pay?


legal issue:
Is it an abuse of its dominant position for a market-dominant newspaper to refuse to give a minority newspaper access to its home-delivery scheme?


legal issue:
Should the decision of the Court of First Instance be overturned due to inadmissability of the original annulment case?


legal issue:
Did Spain fail to fulfil its obligations by failing to designate the zones considered vulnerable to notify the Commission of designations and failing to establish codes of good agricultural practice.


legal issue:
Has Belgium failed to fulfil its obligations by failing to adopt laws, regulations and administrative provision necessary to comply with Directive.


legal issue:
Is a national law specifying a limitation of 20 months for the recovery of a VAT allowable under EU law?


legal issue:
Does EU law preclude a national law which includes in VAT the value of an employee borrowing a work vehicle?


legal issue:
May the compensatory allowance be granted to a farmer who does nt live on a farm situated in a less-favored area of Finland but lives outside the set area most of year


legal issue:
is it contrary to the principles of non-discrimination and proportionality for a farmer who live most of year in another Member State to be excluded from eligibility for the compensatory allowance


legal issue:
Under which heading should the items under consideration be classified?

AG position on issue:
Community law must ber interpreted as meaning that the good should be classifeid under heading 6212 10 00.

ECJ ruling:
Community law must ber interpreted as meaning that the good should be classifeid under heading 6212 10 00.


legal issue:
Is mandatory insurance participation in regrads to health for non-resident workers allowable under EU law?


legal issue:
Does the Reg cover a person who draws a pension only under a special scheme for civil servants?


legal issue:
Does Art 10 of Dir 69/335 have direct effect?


legal issue:
Are the regulations at issue regarding the importation of bananas valid?


legal issue:
May employees unlawfully dismissed claim against the transferee that their termination was unlawful?


legal issue:
Has Belgium failed to fufil its obligations regarding Dir 92/74?


legal issue:
Is Dir 91/629 on the protection of calves valid?


legal issue:
Are Art 5 of Dir 81/851 and Part 1 of Dir 81/852 valid?


legal issue:
Are Dirs 81/851 and 82/852 invalid in  whole or in part?


legal issue:
Under Art 30 of Dir 81/851, must a request for more info state the reason on which it is based?


legal issue:
May an applicant be exempted from providing a required document under exterme circumstances?


legal issue:
Is the answer to the first q. affected by the nature of the manufacturing process?


legal issue:
Must an MS make good on damage caused as a result of requirements infringing Dirs 81/851 and 81/852?


legal issue:
Can provisions such as those at issue escape Art 85(1) on the basis of exemption under Art 85(3)?


legal issue:
Under what conditions are the prohibitions set out in Art 85(1) applicable to dealer contracts not covered by the block grant.

AG position on issue:
If they restrict trade or competition between MS.

ECJ ruling:
If the effect of the contract is to restrict trade between MS.


legal issue:
What is the effect of Reg 1475/95 in circumstances such as those of the present case?

AG position on issue:
The reg does not allow a manufacturer to unilaterally fix sales targets.

ECJ ruling:
The reg does not permit the manufacturer to fix sales targets unilaterally.


legal issue:
Should the applicant be granted non-material damages?

AG position on issue:
The Court cannot rule on the substance, but the question should be referred back to the CFI.


legal issue:
Does Community law preclude the delay of the payment of benefits while a MS investigates outstanding debts of the claimant?

ECJ ruling:
No, so long as payment is made before December 31 of that year.


legal issue:
Does Art 15(3) of Reg 1765/92 preclude MS from requiring intervention agencies to effect set-off with debts payable in the case of a beneficiary of compensatory payments?


legal issue:
Has Greece failed to fulfil its obligations under the directive?


legal issue:
Are MS precluded from denying family benefit on the grounds that claimant has moved residence to another MS where he resides with his family?


legal issue:
Should the measure at issue be considered a 'provisional measure' within the meaning of Art 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights?


legal issue:
Is Dir 89/48 applicable in the circumstances of the case?


legal issue:
Do the nature of activites engaged in during the course of medical training make the prior attainment of a qualification necessary?


legal issue:
Has Portugal failed to fulfil its obligations under Dirs 94/51 and 90/219?


legal issue:
Has Luxembourg failed to fulfil its obligations regarding Dirs 94/51 abd 90/219?


legal issue:
Must authorization to distribute a plant protection product be sought from the competent authority of each MS?


legal issue:
Is the action against the Federal Republic admissibile?


legal issue:
By not providing the requested information to the Commission, has Italy failed to fulfil its obligations?


legal issue:
Did Germany fail to transpose Art 5(2) of the directive?


legal issue:
Does Art 119 of the Treaty preclude differential maternity pay for women return or not returning to work for at least one week?


legal issue:
Does Art 119 preclude an employment contract requiring a women to take maternity in conditions such as in this case?


legal issue:
Does Art 119 preclude a clause prohibiting a women on maternity leave taking sick leave?

ECJ ruling:
Only during the period of mandatory maternity leave


legal issue:
Does Art 119 preclude a clause limiting the period during which annual leave accrues?


legal issue:
Does Art 119 preclude a clause limiting the accrual of pension rights during maternity leave?


legal issue:
Does the action seeking redress for damages fall under the category of matters relating to a contract under Art 5(1) or matter relating to tort, etc. under Art 5(3)?


legal issue:
Can the place where the consignee discovered the damage to goods be considered the 'plae where the harmful event occurred'?


legal issue:
Can the various actions raised by the plaintiff be joined under Art 6(1) of the convention?


legal issue:
Does Dir 69/335 preclude the levying of registration duty in circumstances such as those of the present case?


legal issue:
Are the Regulations contested in the present action valid?


legal issue:
Does Art 3 of the Dir allow requirements for self-employed manufacturers such as those at issue in the present case?


legal issue:
Does Dir 80/1263 preclude charges against a national of a non-MS such as those in the present case?


legal issue:
May the defendant be treated as driving without a licence and punished by the imposition of a fine in the circumstances of the case?


legal issue:
Under Dir 77/187 may a transferred employee object to the transfer of his contract?


legal issue:
Should the practice of 'exceptional flexibility' be annulled?


legal issue:
Does the fact that the original application for marketing authorization was made before entry into force of Reg 541/94 affect the answers to the other questions?


legal issue:
Is Art 4.8(a)(iii) or Dir 65/65 invalid?


legal issue:
Can the individuals engaged in cleaning be regarded as an economic entity and if so did an economic transfer occur?

AG position on issue:
The do constitute an entity and the occurrence of a transfer depends on a variety of material and non-material factors.

ECJ ruling:
The do constitute an entity and the occurrence of a transfer depends on a variety of material and non-material factors.


legal issue:
Should Germany's claim of breach of the general principle of non-discrimination be upheld?


AG position on issue:
In light of the invalidity of Reg 1252/89, the Court need not answer this question.


legal issue:
If the Reg in quesiton is valid, then who is required to make the specified payment?

AG position on issue:
Due to the invalidity of the Regs, the Court need not answer the question.

ECJ ruling:
Repayment may be renegotiated by the producer and processor.


legal issue:
On what basis may customs authorities grant the status of authorised cosignor?

ECJ ruling:
Under Arg 398 and 405 of the implementing Reg.


legal issue:
Should Greece's pleas regarding the expenditure in respect of production aid for cotton be granted?


legal issue:
Does the Court w/jurisdiction under Art 5 of the 1968 Convention also have jurisdiction to order provisional measures?


legal issue:
May provisional orders be issued in cases where the parties have referred the dispute to arbitration?

AG position on issue:
The submission for arbitration is not relevant.


legal issue:
Is it possible for Art 24 of the Convention to confer jurisdiction even when proceedings have already commenced on the substance of the case?


legal issue:
Is jurisdiction for provisional measures dependent on the link bet. Subject-matter & territorial jurisdiction?


legal issue:
May an order for payment of a contractual consideration be considered a provisional measure?


legal issue:
Does EU law prohibit sending a pregnant woman home from work when a employer considers that there is no work for her?


legal issue:
Does EU law prohibit to withhold pay from a pregnant woman home from work for reasons other than a pathological condition?


legal issue:
Does the preamble of Dir 87/328 allow MS to require authorization for the use of semen from bulls for artificial insemination which has been accepted in other MS?


legal issue:
Must rights regarding the use of languages other than the priciple one of the state in criminal proceedings comply with Art 6 of the Treaty?


legal issue:
Whether the expression 'not having an industrial or commercial character' is intended to limit the term 'needs in the general interest' to those which are not of an industrial or commercial character?

ECJ ruling:
The second subparagraph of Article 1(b) must be interpreted as meaning that the legislature drew a distinction between needs in the general interest not having AND having an industrial or commerical character.


legal issue:
Whether the condition that a body must have been set up for the specific purpose of meeting needs in the general interest means tha the activity of that body must, to a considerable extent, be concerned with meeting such needs?

ECJ ruling:
The status of a body governed by public law is not dependent on the relative importance of the meeting of needs in the general interest not having an industrial or commercial character.


legal issue:
What inferences are to be drawn from the fact that the provisions setting up the entitiy in question and specifying the needs which it must meet are in the nature of laws, regulations, or administrative or other provisions?

AG position on issue:
The second subparagraph of Article 1(b) of Directive 92/50 must be interpretted as meaning that the existence or absence of needs in the general interest must be appraised objectively, the legal form of the provisions being immaterial.

ECJ ruling:
The second subparagraph of Article 1(b) of Directive 92/50 must be interpretted as meaning that the existence or absence of needs in the general interest must be appraised objectively, the legal form of the provisions being immaterial.


legal issue:
Does the imposition of the countervailing charge in issue concern solely fresh dessert cherries or also cherries intended for industrial processing?

AG position on issue:
The countervailing charge imposed applies to cherries intended for industrial processing.

ECJ ruling:
The countervailing charge introduced by Reg No 1591/92 also applies to cherries intended for industrial processing.


legal issue:
Whether a trader may rely on the fact that the customs authorities taking action for the post-clearance recovery of custom duties have not observed the time-limits laid down in Art 3 and 5 of Reg No 1854/89?

AG position on issue:
The time-limits laid down in Articles 3 and 5 of Council Regulations are not preclusive of the right of competent customs authorities to proceed with the post-clearance recovery of customs duties.

ECJ ruling:
Failure on the part of the customs authorities to observe time-limits laid down in Art 3 and 5 when taking action for the post-clearance recovery does not nullify the right of those authorities to proceed with such post-clearance recovery.


legal issue:
Whether EC law precludes a MS from relying on a national time-limit to resist actions for the repayment of taxes levied in breach of EC Law at a time when that MS has not  amended its national rules to compatible with provisions?

AG position on issue:
Community law does not preclude MSs from such policies.

ECJ ruling:
In circumstances such as those of the main proceedings, Community law does not prohibit a MS from this.


legal issue:
What minimum evidence must be available for a finding that the waste is actually intended for recovery, where notification has not been given?

AG position on issue:
The minimum information that must normally be required is the information set out in Article 11(1) of the regulation.

ECJ ruling:
The information listed in Article 11(1) of Reg No 259/93 constitutes the minimum evidence which the competent authority may, in the absence of notifiaction, require in order to establish that 'green waste' is intended for recovery.


legal issue:
Is it contrary to Articles 2(1) and 5(1) of Directive 76/207 of the Council to dismiss a female employee, at any time during her pregancy, as a result of absence through illness arising from that pregnancy?

AG position on issue:
Dismissal of a woman whilst she is pregnant on account of her incapacity for work as a result of pregnancy is contrary to Art 5(1) in conjunction with Art 2(1).

ECJ ruling:
Articles 2(1) and 5(1) preclude dismissal of a female worker at any time during her pregnancy for absences due to incapacity for work caused by illness resulting from that pregnancy.


legal issue:
Whether Reg No 3362/94 is not contrary to the rules governing the common fisheries policy and whether Reg No 3362/94 is compatible with the principle of proportionality?

AG position on issue:
Consideration of Reg No 3362/94 has revealed no factor of such a kind as to affect its validty.

ECJ ruling:
Consideration of Reg No 3362/94 has revealed no factor of such a kind as to affect its validty.


# Observations

legal issue:
Does community law preclude placing limitations on collecting retribution based on discrimination violating the rules for equal pay?


legal issue:
If the employer violated other employment rules, does the worker still have standing under equal pay rules if there are restrictions on domestic court enforcement for equal pay but no restrictions on enforcing other rules?


legal issue:
Does community law preclude member state requirements forcing providers of services to have domestic credit guarantees?


legal issue:
Do provisions of Italian liquidation law constitute state aid under the ECSC?


legal issue:
Are medicinal products "essentially similar" for purposes of EU law so that they are marketable if they have the same qualitative and quantitative active principles rather than a more stringent standard?


legal issue:
Do the 6-10 year protection for innovations on original drugs give special rights to original producers versus generic producers even when the drugs are "essentially similar"?


legal issue:
Do generic drug producers have access to the same marketing rights after the 6 to 10 year period referred to earlier?


legal issue:
Do national rules prohibiting the keeping of non-native bees constitute a quantiative restriction on imports?


legal issue:
Are these restrictions on bees justified under provisions protecting the health and welfare of animals?


legal issue:
Does Finlands accession agreement permit a tranitionary tariff upon goods originating in non member states?


legal issue:
Is a "standard tank" referred to in community regulations to be interpreted as excluding additional tanks fitted as an option to motor vehicles or containers?


legal issue:
Does the plaintiffs car, which has been out of production for 30 years and is not commonly used, qualify as a collectors piece under the common customs tariff?


legal issue:
Does community legislation on the harmonization of taxes prevent a member state from subsequently abolishing taxable option provisions and reintroducing exemptions?


legal issue:
Does community law preclude the medical institutions in a host member state, rather than the state of residence, from carrying out examinations without the worker having first been examined by in his home state?


legal issue:
Does the Community legislation preclude the member state where the migrant worker is employed from carrying out an examination without first requesting he be examined in his home state?


legal issue:
Do poultry cuts made up of two hind quarters attached to one another by sking constitute "quarters" within community agricultural regulations?


legal issue:
Are the vitamin C tablets referred to included products within the nomenclature on the Common Customs Tariff?


legal issue:
Is there a time limit for resuming milk deliveries, and, is community regulation governing milk delivieries valid?


legal issue:
Does community legislation that estabishes an additional levy on milk and milk producers violate property rights and protection of "legitimate expectations?"


legal issue:
Do member state regulations affecting the health and safety of workers which goes beyond the level of community legislation violate the principle of proportionality?


legal issue:
If a worker leaves the country and subsequently has a change in salary or income, must his benefits be calculated according to his new salary?


legal issue:
Is community legislation concerning the taxation of raising capital solely applicable to shares on a stock exchange, and if no, is it thus more wide ranging?


legal issue:
If a worker moves between member states, and a member state has a pension benefit based upon years of work, is the member state required to sum the years of work over periods of employment in all member states?


legal issue:
Is the defendant a contracting authority under community law, and thus subject community legislation concerning public supply contracts?


legal issue:
Should the original judgment of the Court of First Instance be set aside?


legal issue:
Must the Court of First Instances ruling be set aside?


legal issue:
Does the fact that a municipality has changed service providers imply that there was a transfer of an economic entity entitling former workers to protection?


legal issue:
Can a company terminate workers because of insolvency before a court declared bankruptcy and avoid paying collective redundancies?


legal issue:
Does the right to deduct exist when a person fails to make use of goods/services for taxable transactions?


legal issue:
Is it justified to allow seniority promotions without taking into account experience from another member state?


legal issue:
Should the time employed in another member state be taken into account in seniority promotions?


legal issue:
Should a set of brassieres and briefs be classified under a single code?


legal issue:
Does the amount of levy due refer to the quantity of milk actually delivered?


legal issue:
Can Community transit declarations be granted even if the goods are already presented


legal issue:
Based on the cooperative agreement, can Belgium deny disability to an Algerian whose spouse recieves pension?


legal issue:
Is the first paragraph of Article 13 in regards to customs authorities valid?


legal issue:
Should the tenderer who failed to make a supply of goods bear all the finanacial consequences of the failure?


legal issue:
By appeal, does the concept of injury and threat of inury need to be rexamined in regards to dumping?


observation source:
Federation of European Bearing Manufacturers Associations


legal issue:
Is subjecting short-term accomodations to VAT compatiable with the Sixth VAT Directive?


legal issue:
Does Article 52 prevent provisions against overlapping of a survivors pension locally and old age pension abroad?

observer's position on legal issue:
Pensions calculated before June 1992 should follow the pre-1992 system, and after-post


legal issue:
Does an employers granting of benefits to an employees opposite gender cohabitte, but denial for same sex cohabitte, constitute discrimination?


legal issue:
Should the Councils decision in regards to acceptance of Frances aid to wine producers be annulled?


legal issue:
Is the validity of the allocation of fish dependent on whether the Council Resolution was properly adopted?


legal issue:
Is the Council Decision on dock dues arrangements in the French overseas department valid?


observer's position on legal issue:
yes, but certain changes must be made to Frances law


legal issue:
Is the levy to finance the chambers of commerce lawful under Article 33 of the Sixth Directive?


legal issue:
Should an entity such as OS be regarded as a body governed by public law?


legal issue:
Should an undertaking which carries a commercial activities in the majority be regarded as governed by public law?


legal issue:
Was the Court of First Instance wrong in its decision on pay slips and weightings?


legal issue:
Do the Articles preclude a national provision that allows a dock-work company the exclusive right to labor?


legal issue:
Does the Council Regulation mean that the use and marketing of ozone depling substances is entirely prohobited?


legal issue:
Do foreign exchange transactions such as services by the bank fall under the scope of the VAT directive?


legal issue:
What is the nature of consideration in relation to transactions of goods or services?

observer's position on legal issue:
what the bank recieves by way of spread b/w the bid and offer rates


legal issue:
Is Article 7 of the Directive to be interpreted as meaning that sums paid to the hotelier by the consumer at the holiday resort fall within the scope of that article for the purposes of repatriation if the holidaymaker is prevented from leaving the hotel


observer's position on legal issue:
yes for necessary and unavoidable expenses


legal issue:
May a member state alter a designation of origin registered at the community with national law?


legal issue:
Does community law protect compound designations of origin that are not individually registered?


legal issue:
Does EU law allow a member state to prohibit the selling of veal cattle in another member state in the interests of public morality?


legal issue:
The Commission decision announcing certain grants for European projects seeking to overcome social exclusion should be annulled.


legal issue:
Should the annulment of the decision affect the validity of payments made or undertakings given under the contracts in issue


legal issue:
Is the article applicable where a right to orphans penion has been lost by attainment of age-limit in State where reside, while in another state whose legislation was also applicable to the insured person would run beyond that date?


legal issue:
Can the convention between Germany and Spain prior to the regulation be applied in this case?


legal issue:
Does EU regulation prohibit a state from taxing savings in the form of life insurance through a company in another member state?


legal issue:
Can a member state refuse to reemburse a citizen for medical service incured in another state because he did not seek prior authorization?


legal issue:
Should the Council agreement on bananas at the Uruguay round be annuled?


legal issue:
Has Spain failed to fulfill its obligations on the harmonisation of the laws of Member States relating to turnover taxes?


legal issue:
Does EU regulation specify specific obligations and restrictions upon administrative agencies for the enforcement of advertising regulations?


legal issue:
Does community law preclude a member state from effecting set-off between an amount due to a beneficiary of aid payable under Community legislation and an outstanding debt to that member state?


legal issue:
For the purpose of evaluating work performance, can an EU member country count maternity leave as sick leave?


legal issue:
Is the Commission Decision invalid in whole or in part b/c the Commission lacked the power or misused power or b/c it infringes principle of proportionality?


legal issue:
Can a private insurance company refuse to pay for treatment in another member state without prior approval?


legal issue:
Did the Court of First Instance correctly decide the matter of urgency?


legal issue:
Did the Court of First Instance correctly interpret the initial appeal such that even if the new appeal is correct, it is irrelevant?


legal issue:
Is the suspension of the international agreement between the EEC and Yugoslavia valid?


legal issue:
Does the court have jurisdiction to decide a case adopted under the Treaty on European Union where jurisdiction in reviewing measures whose legal base is an article of the EC treaty.


legal issue:
Should the decision of the Court of First Instance be overturned in light of inadmissable testimony?


legal issue:
Can Commission Decision on emergency measure to protect against bovine spongiform encephalogpathy be annulled?


legal issue:
Is the action brought by the UK and Northern Ireland Admissible in so far as it seeks annulment of the Commissions statements of position?


legal issue:
Can plastic wastes, initially subject to stringent transport rules, escape those rules if mixed with other wastes?


legal issue:
Do Community waste laws apply outside of the Community?


legal issue:
Can the destination country autonomously return the waste if it is shipped illegally?


legal issue:
Do the principles of self-sufficiency and proximity apply to waste for recovery as well as waste for disposal?


legal issue:
Is the rule in question effectively a quantitative export quota?


legal issue:
Does EU regulation allow a government to charge a flat rate for imported electricity but a graduated taxation rate for domestic electricity?


legal issue:
Is a member state precluded from having laws which makes the validity of an agency contract conditional upon the commerical agent being entered in the apporpriate registrar?


legal issue:
Can the Council Decision on a Community contribution for telematic interchange of data between administrations in the Community be annulled.


legal issue:
In the case of annulment of the Decision can its effects be maintained


legal issue:
Does a failure to report technical specifications invalidate a criminal proceeding?


legal issue:
Does EU free market regulations preclude an agreement for a car dealership to be the sole provider of a certain brand of cars?


legal issue:
Does Article 119 preclude difference in time actually worked criteria between part-time job sharers and full time employees?


legal issue:
Is the reference admissible, given the vague nature of the lower courts handling of the case and the ex parte summary procedure?


legal issue:
Are Italian rules requiring foreign shipping companies to use Italian mooring undertakings compatable with community law?


legal issue:
Do the exclusive rights to moorings preclude the freedom that community law guarantees to provide free maritime transport services?


legal issue:
Under EU law, does pharmaceutical products cover products with the composition of Sargenor, Dynamisan, Lysivit, and Sarvit?


legal issue:
Does a regulation on unemployment benefits apply to unemployed non-nationals at the time the regulation was promulgated?


legal issue:
Is a member state precluded from requiring a person who has ceased working in a state to reside there in order to receive social security?


legal issue:
Are the revenues from an unlawful roulette game taxable?


legal issue:
Does Council regulation prevent a member state from charging excise duty  under very specified conditions?


legal issue:
Does the system of coordination for social security benefits apply to a person originally falling outside of the scope of the community regulation?


legal issue:
has the kingdom of the Netherlands failed to comply with it obligations under the EC treaty by failing to clasify a sufficient number and area of special protection areas


legal issue:
Does the supply of counterfeit perfume products constitute a taxable transaction for VAT purposes?


legal issue:
Can a company which contracts out distribution of its products prohibit distribution to certain Member states?


legal issue:
Does the ECJ need to rule on a preliminary reference where the parties have already resolved the dispute?


legal issue:
Does worker protection under EU extend to a company during liquidation?


legal issue:
Should the decision of the First Court of Instance be overturned in light of EU environmental regulation?


legal issue:
Does freedom of access to environmental material also include access to administrative measures?

observation source:
Der Vertreter des offentlichen Interesses, Kiel


legal issue:
Are administrative, non court based actions, considered preliminary investigation proceedings?


legal issue:
Is Article 220 of the Treaty directly applicable.


legal issue:
do articles 48 and 220 preclude a convention between two member states for the avoidance of double taxation from laying down criteria for the taxation of income from employment in one or the other state


legal issue:
Is Article 20 of the Franco-German Convention contrary to Article 28 and 220 of the Treaty and Article 7 of Regulation No 1612/68


legal issue:
Does EU law prohibit the imposition of a duty on share capital where capital duty was already charged?


legal issue:
Can the rule of equal treatment of workers in the context of freedom of movement be relied upon in order to employ workers who are nationals of another Member State?


legal issue:
Is a Member State precluded from providing the owner of an undertaking exercising a trade on  territory of  State may not appoint as manager a person not resident there?


legal issue:
Is Article 21 applicable in the case of two actions for contribution to general average


legal issue:
Do Council directives on the harmonization of turnover tax laws preclude member states from making exceptions for documentation?


legal issue:
Does the principle of non-discrimination apply to situations of differing tax documentation?


legal issue:
Does EU law allow a national court to refuse to apply the provisionons on the common organization of the market in bananas?


legal issue:
Does community law in principle preclude a national rule from allowing non-recovery of Community aid paid but not due, regard being had to certain said criteria?


legal issue:
Should the ECJ overrule the Court of First Instance in light of allegedly violating the Commissions right to due process?


legal issue:
Does community law preclude national courts from  national law in order to assess whether a right arising from a provision of community law is being exercised abusively.


legal issue:
Can a shareholder relying of Article 25 of Second Directive be deemed to be abusing the right arising from  provision because have taken benefit from capital increase or have not exericed right to take up new shares.


legal issue:
Does EU regulation prevent the French government from selectively applying dock dues?


legal issue:
Can a member state account for sex in calcualting retirement age for men and women?


legal issue:
Is a publically-owned company that operates passanger buses exempt from the requirement of harmionization in relation to hour limitations?


legal issue:
Is the requirement to carry a driving log satisifed is the log only covers the day it is checked?


legal issue:
Is the presence in Belgian, of a small number of leased vehicles by company, with estab. place of business in Luxem., mean the lessor has a fixed establishment in Belgium?


legal issue:
Is it contrary to the article for national rules toproide tht taxable persons not established in the Member State to receive interest only from time as notice to pay was served and at a lower interest rate than to taxable persons in said territory of Stat


legal issue:
If an employee has a contract stipulating a right of termination for the employer, if the employee violates those provisions because of pregnancy, is her dismissal permissible?


legal issue:
Appealing to annul a Commission decision.  Judgement as to the admissibility of the appeal


legal issue:
Does "Kashkaval" in a regulation on agriculture refer solely to sheep milk cheese?


legal issue:
Does a product outside of specified products qualify for special levy distinctions for said specified products?


legal issue:
Do French regulations that do not allow deduction of VAT for transport put to business use violate Community VAT standards?


legal issue:
Should the ECJ overrule the Court of First Instance in relation to having testimony ruled inadmissable?


legal issue:
Does the occasional transport of tourists to and from airport count as regular service under EU regulation?


legal issue:
Does  national provision  relieving an undertaking of obligation of complying with generally applicable legislation concerning duration of employ. contracts entail the grant of state aid?


legal issue:
Should Commission regulations persuant to the concentration of company power be annuled for lack of treaty base?


observation source:
Kali und Salz GmbH and Kali und Salz Beteiligungs-AG


legal issue:
Must a project be preceded by an environmental impact assessment before consent is given for the project?


legal issue:
Can it be required to be in possession of a formal residence permit to receive child-raising allowance?


legal issue:
Does the Directive mean that a claim can be fulfilled by a payment during the proceedings by payment for something prior?


legal issue:
Can a alcoholic drink containing 30% alcohol be classified as whiskey under common law?


legal issue:
Does the Act of Accession mean nationals from states other than UK are not liable to be deported?


legal issue:
Except for national security/health/policy, are the authorities at Jersey allowed to deport nationals of other Member States?


legal issue:
In order to determine product misleadings, must the expectations of the consumer be addressed?


legal issue:
Can national provisions fixing the ceiling for a payment be used against individuals where the Commission has not been informed?


legal issue:
Does the EC treaty preclude tax relief on the requirement that the companies business consist of shares of subsidiaries?


legal issue:
Does the treaty require courts to interpret domestic legislation consistentily w/ Community Law when falling outside its scope?


legal issue:
Is the Article and CN code in regards to agricultural products and regulations valid?


legal issue:
Under the conditions, does Community law preclue national legislation from recovery of unduly paid Community subsidies?


legal issue:
Has examination fo Article 5 of the Council Regulation in regards to ozone depletants raise factors which affect its validity?


legal issue:
Should the Article be interpreted as allowing a trade marks proprietor to prohibit third parties from importing the mark?


legal issue:
Does the trader act in compliance w/ the Directive if he offers labels for foodstuffs in Italian, French, and English, while in Germany?


legal issue:
Is it in compliance w/ the free movement of goods to have stricter conditions of compliance in regards to noise in Germany?


legal issue:
Does the Article require the qualifications in medicine referred to in the Directive by obtained before training/practice can begin?


legal issue:
Can the bodies for awarding contracts also hear appeals?


legal issue:
In order to determine a pro rata pension, must the INPS base its calculatoins on the theoretical pension or supplement it to meet the statutory minimum?


legal issue:
Does this council directive require member states to introduce measures to enable a complaintant to pursue a claim where these criteria apply?


legal issue:
Does this council directive require member states to do this save for these circumstances?


legal issue:
Does treaty law preclude laws like the Italian one that limits the temporal effects of an ECJ judgement?


legal issue:
Is Article 5 compatible with a national law that provides a 3 year limit from the date of payment?


legal issue:
Does Community law allow provisions which provide these time limits before a directive is transposed into national law?


legal issue:
Does Community law prohibit a member state from resisting actions for repayment of charges by relying on a time limit like in this case?


legal issue:
Does community law preclude a member state from resisting repayment when the directive has not been yet transposed into national law?


legal issue:
Are exporters obliged to repay advanced export refunds in situations like this?


legal issue:
Does community law preclude repayment with interest calculated in less than favorable means?


legal issue:
Is tobacco that must be inserted into a tube to be smoked classified as smoking tobacco?


legal issue:
Does a member state who mistakenly classifies this become liable?


legal issue:
Should EEC Regulation 1738/91 be regarded as invalid?


legal issue:
For assessment of similarity of goods must the distinctive character of earlier trademark/reputation be taken into account?


legal issue:
Is Belgian legislation in violation of the rules of free movement of goods?


legal issue:
Does the regulation in question mean that a transport undertaking is entitled to terminate its obligation for only a certain part of a route?


legal issue:
Does the article in question mean that the customs authorities must take account of suspensions to recalculate the amount of duties?


legal issue:
Does a national court have the ability to rule on the question when the Commission has delivered a decision like the one in question?


legal issue:
Does Article 30 preclude a person from giving consent to the rental of his own releases while at the same time preventing the renting of imported leases?


legal issue:
Can the review bodies in question hear appeals?


legal issue:
Does community law reqiure an awarding authority to intervene?


legal issue:
If a Turkish national works for a year in a government-sponsored social welfare program, is he to be counted as part of the workforce?


legal issue:
Does the obligation on a national court to disapply national legislation introducing a charge contrary to Community law must lead the court to uphold claims for repayment.


legal issue:
If the limit value established is applicable only to PCP its salts and esters and to preparations from those substances or also applicable to products treated with those substances or preparations.


legal issue:
Is the exhibition of motion pictures fall under the exemption schedule of the ECJ?


legal issue:
does a national rule which provides that a supplement to a mineworkers retirement pension to be reduced by amount entitled in another state constitutes a provision for reduction of benefit within the meaning of Regulation as amended


legal issue:
Does the Institute of the Motor Industry qualify as a trade union for the purpose of EU protection?


legal issue:
Should the Commissions trade agreement on quotas between China and member states be overturned due to lack of jurisdiction?


legal issue:
Is a retirement scheme allowing men and women to enter into retirementat the age of 60 but the method of calculating pension still differs according to sex still covered by the derogation in Article 7 of the Directive.


legal issue:
Does EU law prohibit a national law which requires one to receive authorization before selling cow semen?


legal issue:
Does EU law prohibit national law which prevents the practice of artificial insemination in the interest of the welfare of the animal?


legal issue:
If at least one of the parents of a Turkish child has worked in a member state for at least three years, is the child entitled to member state citizenship even if the parent is no longer working?


legal issue:
Does Community law allow a member government to impose a time limit of three to five years for the initiation of proceedings for refund of customs duties?


legal issue:
Can a facility which extracts white sugar liquid from cane sugar qualify as a production unit or a refinery?


legal issue:
Does EU law allow a member government to allow citizens to use a non-official language in court proceedings but not afford the same protection to non-citizens?


legal issue:
Should the Councils agreement on third-party trade be invalidaded due to lack of jurisdiction?


legal issue:
Should articles 11 and 12 of Directive be interpreted as precluding the levying of duty on the notarial deed recording the redeption of a loan in circumstances such as those of the main proceedings


legal issue:
Are the regulations to be interpreted  as prohibiting the authorities in the Member Staes from charging applicants administrative fees for processing applications for compensatory payments and premiums


legal issue:
Are there any factors of such a kind to affect the validity of the Regulations


legal issue:
Is an agreement between a municipality and a private entity a service contract under EU law?


legal issue:
Can a trader in cherries utilize EU legislation to receive back the post-clearnce import duties if he failed to consult the import and export duties tables?


legal issue:
Do the articles preclude legislation of a Member State which provides for road-haulage tariffs


legal issue:
Is the definition and appraisal of the terms general interest and public interest the responsibility of the individual member states.


legal issue:
Is it the task of the national court to determine the public interest criteria and ensure they are observed and a framework for competition that conforms with community law.


legal issue:
Does the Brussels Convention give the Netherlands government the right to oversee and adjudicate contractual disputes between private parties?


legal issue:
Does EU law continue to protect an employee when his contact is transferred in liquidation to a different holding?


legal issue:
Does the Directive apply to the imposition on captial companies of a tax such as the annual tax on the net assets of companies introduced by virtue of Decree Law Italy


legal issue:
Does EU law prohibit national legislation which stipulates a woman on maternity leave should only receive half pay?


legal issue:
Is it an abuse of its dominant position for a market-dominant newspaper to refuse to give a minority newspaper access to its home-delivery scheme?


legal issue:
Is a national law specifying a limitation of 20 months for the recovery of a VAT allowable under EU law?


legal issue:
Does EU law preclude a national law which includes in VAT the value of an employee borrowing a work vehicle?


legal issue:
May the compensatory allowance be granted to a farmer who does nt live on a farm situated in a less-favored area of Finland but lives outside the set area most of year


legal issue:
is it contrary to the principles of non-discrimination and proportionality for a farmer who live most of year in another Member State to be excluded from eligibility for the compensatory allowance


legal issue:
Under which heading should the items under consideration be classified?


legal issue:
Does the Reg cover a person who draws a pension only under a special scheme for civil servants?


legal issue:
Are the regulations at issue regarding the importation of bananas valid?


legal issue:
May employees unlawfully dismissed claim against the transferee that their termination was unlawful?


legal issue:
Is Dir 91/629 on the protection of calves valid?


legal issue:
Can provisions such as those at issue escape Art 85(1) on the basis of exemption under Art 85(3)?


legal issue:
Under what conditions are the prohibitions set out in Art 85(1) applicable to dealer contracts not covered by the block grant.


legal issue:
What is the effect of Reg 1475/95 in circumstances such as those of the present case?


legal issue:
Does German child-raising allowance constitute a family benefit or social advantage?


legal issue:
Does Art 15(3) of Reg 1765/92 preclude MS from requiring intervention agencies to effect set-off with debts payable in the case of a beneficiary of compensatory payments?


legal issue:
Should the measure at issue be considered a 'provisional measure' within the meaning of Art 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights?


legal issue:
Does Art 119 of the Treaty preclude differential maternity pay for women return or not returning to work for at least one week?


legal issue:
Does Art 119 preclude an employment contract requiring a women to take maternity in conditions such as in this case?


legal issue:
Does Art 119 preclude a clause prohibiting a women on maternity leave taking sick leave?


legal issue:
Does Art 119 preclude a clause limiting the period during which annual leave accrues?


legal issue:
Does Art 119 preclude a clause limiting the accrual of pension rights during maternity leave?


legal issue:
Does Dir 69/335 preclude the levying of registration duty in circumstances such as those of the present case?

observer's position on legal issue:
An exemption from registration fee should be granted in this case.


legal issue:
Are the Regulations contested in the present action valid?


legal issue:
Does Art 3 of the Dir allow requirements for self-employed manufacturers such as those at issue in the present case?


legal issue:
May the defendant be treated as driving without a licence and punished by the imposition of a fine in the circumstances of the case?


legal issue:
Under Dir 77/187 may a transferred employee object to the transfer of his contract?


legal issue:
If the Reg in quesiton is valid, then who is required to make the specified payment?


observer's position on legal issue:
Repayment may be determined by renegotiation.


legal issue:
On what basis may customs authorities grant the status of authorised cosignor?


legal issue:
May an order for payment of a contractual consideration be considered a provisional measure?


legal issue:
Is jurisdiction for provisional measures dependent on the link bet. Subject-matter & territorial jurisdiction?


legal issue:
Is it possible for Art 24 of the Convention to confer jurisdiction even when proceedings have already commenced on the substance of the case?


legal issue:
May provisional orders be issued in cases where the parties have referred the dispute to arbitration?


legal issue:
Does EU law prohibit to withhold pay from a pregnant woman home from work for reasons other than a pathological condition?


legal issue:
Does EU law prohibit sending a pregnant woman home from work when a employer considers that there is no work for her?


legal issue:
Does the preamble of Dir 87/328 allow MS to require authorization for the use of semen from bulls for artificial insemination which has been accepted in other MS?


legal issue:
Does the imposition of the countervailing charge in issue concern solely fresh dessert cherries or also cherries intended for industrial processing?

observer's position on legal issue:
All cherries originating in Beulgaria are subject to the charge in absence of an express exception.


legal issue:
Whether a trader may rely on the fact that the customs authorities taking action for the post-clearance recovery of custom duties have not observed the time-limits laid down in Art 3 and 5 of Reg No 1854/89?

observer's position on legal issue:
the time limits set out in the Regulation are designed merely to harmonize accounting practices and comeptitive conditions annd have no relevance to post-clearance recoveries.


# Referral

referring court:
High Court of Justice, Queens Bench Division


referring court:
Social Security Appeals Board for Burgenland


referring court:
Magistrates Court for the District of Avezzano


referring court:
Court of Justice of England and Wales Queens Bench


referring court:
Court of Justice in Northern Ireland, QBD


referring court:
Tribunal Adminisratif, Saint-Denis de la Reunion


referring court:
Tribunal de Affaires de Securite Sociale


referring court:
Conseil Arbitral des Assurances Sociales, Luxembou


referring court:
Pretura Circondariale di Treviso, Sezione Distacca


