# General Case Characteristics

Judgment Title:
Directeur General des Douanes et Droits Indirects v Eridania Beghin-Say SA

Plaintiff:
Directeur General des Douanes et Droits Indirects


Plaintiff:
Cooperatieve Rabobank Vecht en Plassengebied BA

Defendant:
Erik Aaround Minderhound (receiver in bankruptcy


Judgment Title:
Paul Daut GmbH & Co. KG v Oberkreisdirektor des Kreises Gutresloh


Plaintiff:
Codiesel-Sociedade de Apoio Tecnico a Industria Ld


Judgment Title:
Bundesverband der Bilanzbuchhalter v Commission


Plaintiff:
Intelligente systemen, Database toepassingen, Elet


Judgment Title:
Reiseburo Binder GmbH v Finanzamt Stuttgart-korperschaften


Plaintiff:
Aktive Handelsrejsende on behalf of Carina Mosbaek


Plaintiff:
Stephen Austin Saldanha and MTS Securities Corp.


Judgment Title:
The Queen ex parte Centro-Com  v HM Treasury


Judgment Title:
Fontaine SA and Others v Aqueducs Automobiles


Judgment Title:
Inter-Environnement Wallonie v Region Wallone


Judgment Title:
Ayse Suzen v Zehnacker Gebauderinigung GmbH Krankenhausservice


Judgment Title:
Fazenda Publica v Solisnor-Estaleiros Navais


Judgment Title:
P.J. Huijbrechts v Commissie voor de Behandeling van Administrative

Defendant:
Commissie voor de Behandeling van Administrative


Judgment Title:
Mora Romero v Landesversicherungsanstalt Rheinprov


Plaintiff:
Unita Socio-Sanitaria Locale No 47 di Diella (USSL


Judgment Title:
Commission v Federal Republic of Germany


Judgment Title:
Campo Ebro Industrial SA and Others v Council


Defendant:
Istituto Nazionale della Previdenza Sociale


Judgment Title:
Criminal Proceedings against Paul Denuit


Judgment Title:
Hauptzollamt Munchen v Wacker Werke GmbH and Co KG


Defendant:
Sociedade de Curtumes (Socurte) and Others


Judgment Title:
Knubben Speditions v Hauptzollamt Mannheim


Judgment Title:
Dimossia Epicheirissi Ilectrismou v Efthimios Evrenopoulos


Judgment Title:
EARL de Kerlast v Union Regionale de Cooperatives Agricoles

Defendant:
Union Regionale de Cooperatives Agricoles


Defendant:
Court of Auditors of the European Communities


Defendant:
Alfandega de Lisboa (Tribunal Tecnico Aduaneiro)


Judgment Title:
Queen v Ministry of Agriculture, fisheries, food

Defendant:
Ministry of Agriculture, Fisheries, and Food


Judgment Title:
Maatschap Linthorst,  Pouwels and Scheres v Inspecteur der Belastingdienst

Plaintiff:
Maatschap Linthorst,  Pouwels and Scheres


Judgment Title:
Spain v Commission of the European Communities


Judgment Title:
Badische GmbH and Co KG v Land Baden Wurttemberg

Plaintiff:
Badische Erfrischungs Getranke GmbH and Co KG


Judgment Title:
Ebony Maritime and Loten v Provincia di Brindisi

Plaintiff:
Ebony Maritime SA and Loten Navigation Co Ltd

Defendant:
Prefetto della Provincia di Brindisi and Others


Judgment Title:
Belgian State v Banqew Indosuez and Another


Judgment Title:
Nils Draehmpaehl v Urania Immobilienservice OHG


Judgment Title:
Biogen Inc. v Smithkline Beecham Biologicals SA


Judgment Title:
Affish BV v Rijksdienst van Vee en Vlees

Defendant:
Rijksdienst voor de keuring van Vee en Vlees


Judgment Title:
Fantask and Others v Industriministeriet


Judgment Title:
Criminal Proceedings against Harry Franzen


Judgment Title:
ARO Lease BV v Belastingdienst Grote Ondernemingen

Defendant:
Inspecteur der Belastingdienst Grote Ondernemingen


Judgment Title:
Comateb and Others v. Directeur General des Douane

Defendant:
Directeur General des Douanes et Droits Indirects


Judgment Title:
Kelvin Albert Snares v Adjudication Officer


Judgment Title:
Laboratoires de Therapeutique Moderne v Fonds d Intervention


Judgment Title:
The Irish Farmers Association and Others v Minister of Agriculture

Plaintiff:
The Irish Farmers Association and Others


Judgment Title:
Antonius van den Boogaard v Paula Laumen


Judgment Title:
Inasti v Claude Hervein and Hervillier SA

Plaintiff:
Institut National dAssurances Sociales pour Travai


Judgment Title:
Sociee Civile Immobiliere Parodi v Banque H. Albert de Bary et Cie


Judgment Title:
Criminal Proceedings against Amelynch and Others


Judgment Title:
Land Rheinland-Pfalz v Alcan Deutschland GmbH


Judgment Title:
P. Moskof AE v Ethnikos Organismos Kapnou


Judgment Title:
Magorrian and Cunningham v EHSSB and DHSS

Plaintiff:
Mary Teresa Magorrian and Irene Patricia Cunningha

Defendant:
Eastern Health and Social Services Board and Depar


Judgment Title:
Finanzamt Augsburg-Stadt v Marktgemeinde Welden


Judgment Title:
R.O.J. Grahame and L. M. Hollanders v Bestuur van de Nieuwe


Judgment Title:
Futura and Singer vs. Admin. Des Contributions


Judgment Title:
SABEL BV v Puma AG, Rudolf Dassler Sport


Judgment Title:
Kampelmann and Others v Landschaftsverband Westfal


Judgment Title:
Agri and Agricola Veneta v. Regione Veneto


Plaintiff:
Rotexchemie International Handels GmbH & Co.


Judgment Title:
Commissioners of Customs and Excise v DFDS A/S


Judgment Title:
R. Palmisani v Istituto della Previdenza Sociale

Defendant:
Instituto Nazionale della Previdenza Sociale


Judgment Title:
Conserchimica Srl v Amministrazione delle Financze dello Stato

Defendant:
Amministrazione delle Financze dello Stato


Judgment Title:
Commission v Union Internationale des Chemins de Fer (UIC)

Defendant:
Union Internationale des Chemins de Fer (UIC)


Judgment Title:
Merino Garcia v Bundesanstalt fur Arbeit


Judgment Title:
Woodspring District Council v Bakers of Nailsea Ltd


Judgment Title:
Bundesanstalt fur Landwirtshcaft und Ernahrung v Deutsches Milch-Kontor GmbH

Plaintiff:
Bundesanstalt fur Landwirtshcaft und Ernahrung


Plaintiff:
Impresa Agricola Buratti Leonardo Pierluigi Livio

Defendant:
Tabacchicoltori Associati Veneti Soc Coop arl (TAV


Judgment Title:
Ludwig Wunsche & Co v Hauptzollamt Hamburg-Honas


Judgment Title:
A Leur Bloem v Inspecteur der Belastingdienst


Judgment Title:
Tabouillot v Durecteur des Services Fiscaux de Meu

Defendant:
Durecteur des Services Fiscaux de Meurthe-et-Mosel


Judgment Title:
Pastoors and Trans-Cap GmbH v Belgian State


Judgment Title:
Criminal Proceedings against Grado and Bashir

Plaintiff:
Magistrate of the Amtsgericht Reutlingen


Defendant:
Unita Sanitaria Locale Genovese, Impresa Romagnoli


Judgment Title:
Annibaldi v Sindaco del Comune di Guidonia and Pre

Defendant:
Sindaco del Comune di Guidonia and Presidente Regi


Defendant:
Instituto Nacional de la Seguridad Social (INSS)


Judgment Title:
Road Air BV v Inspecteur der Invoerrechten en Accijnzen

Defendant:
Inspecteur der Invoerrechten en Accijnzen


Judgment Title:
Generics BV v Smith Kline French Laboratories


Judgment Title:
Criminal Proceedings Against Pistre and Others


Defendant:
Istituto Nazionale della Previdenza Sociale (INPS)


Judgment Title:
David Hayes and Jeanette Hayes v Kronenberger GmbH, in liquidation


Judgment Title:
Eru Portuguesa v Subdirector-Geral sa Alfandegas


Judgment Title:
Administrative Proceedings brought by VAG Sverige


Judgment Title:
Goldsmiths (Jewellers) Ltd v Commissioners of Customs and Finance


Judgment Title:
Kruger GmbH and Co KG v Hauptzollamt Hamburg-Jonas


Judgment Title:
Pedro Burdalo Trevejo and Others v Fondo de Garantia Salarial


Judgment Title:
Parfums Christian SA and Parfums Christian Dior BV v Evora BV

Plaintiff:
Parfums Christian SA and Parfums Christian Dior BV


Defendant:
De Agostini Forlag AB and TV-shop I Sverige AB


Judgment Title:
E.J.M. de Jaeck v Staatssecretaris van Financien


Judgment Title:
Diego Cali & Figli Srl v Servizi Ecologici Porto di Genova SpA


Defendant:
Uniao das Cooperativas Abastecedoras de Leite de L


Judgment Title:
Frits Loendersloot v George Ballantine and Son Ltd


Judgment Title:
Phytheron International SA v Jean Bourdon SA


Judgment Title:
The Queen v Minister for Agriculture et al

Defendant:
Minister for Agriculture fisheries and food et al


Judgment Title:
Matthias Witt v Amt fur Land- und Wasserwirtschaft


Judgment Title:
Tommason Morellato v Unita Sanitaria Locale No 11, Pordenone


Judgment Title:
Commission and French Republic v Ladbroke Racing Ltd


Judgment Title:
Blackspur Diy and Others v Council and Commission


Judgment Title:
Somalfruit SpA and Camar SpA v Ministero delle Finanze and Ministero del Commercio con l Estro

Defendant:
Ministero delle Finanze and Ministero del Commercio con l Estro


Judgment Title:
Careda and others v Admi. General del Estado


Judgment Title:
Maso et al and Gazzetta et al v INPS and Italy

Plaintiff:
Federica Maso et al and Graziano Gazzetta et al


Judgment Title:
Petrus Wilhelmus Rutten v Cross Medical Ltd


Judgment Title:
Koninklijke Vereeniging ter Bevordering v Free Record Shop BV


Plaintiff:
Syndesmos ton en Elladi Touristikon kai Taxidiotik


Judgment Title:
Strober and Pereira v Bundesanstalt fur Arbeit

Plaintiff:
Fritz Stober and Jose Manuel Piosa Pereira


Plaintiff:
Handels- og Kontorfunktionaerernes Forbund I Danma

Defendant:
Dansk Handel & Service on behalf of Fotex Supermar


Judgment Title:
Commerical registratino of an undertaking in the p


Judgment Title:
Hellmut Marschall v Land Nordrhein-Westfalen


Judgment Title:
SIF v Amministrazione delle Finanze dello Stato

Defendant:
Amministrazione delle Finanze dello Stato


Judgment Title:
St. Martinus Elten v Landwirtschaftskammer Rheinla

Plaintiff:
Katholische Kirchengemeinde St. Martinus Elten


Judgment Title:
Dorsch Consult v Bundesbaugesellschaft Berlin


Judgment Title:
Non-contentious proceedings brought by Job Centre


Judgment Title:
H. Meints v Minister van Landbouw, Natuurbeheer en Visserij

Defendant:
Minister van Landbouw, Natuurbeheer en Visserij


Judgment Title:
Bastos Moriana and Others v Bundesanstalt fur Arbe


Judgment Title:
Commission of the European Communities v French Republic


Judgment Title:
Land Nordrhein-Westfalen v Kari Uecker and Ver Jacquet v Land Nordhein-Westfalen


Judgment Title:
Queen v Secretayr of State for the Home Dept, ex p

Plaintiff:
The Queen, ex parte Mann Singh Shingara and Abbas Radiom

Defendant:
Secretary of State for the Home Department


Judgment Title:
The Queen v Secretary of State for Social Security ex parte Eunice Sutton


Judgment Title:
Rank Xerox v Inspecteur der Invoerrechten


Judgment Title:
Garofalo and others v Ministero della Sanita

Defendant:
Ministero della Sanita and Unita Sanitaria Locale


Judgment Title:
Locamion v Directeur des Services Riscaux d Indre

Defendant:
Directeur des Services Riscaux d Indre-et-Loire


Judgment Title:
Harnas and Helm CV v Staatssecretaris van Financie


Judgment Title:
Provincia Autonoma di Trento and another v Dega

Plaintiff:
Provincia Autonoma and Ufficio del Medico


Judgment Title:
Martinez Losada and Others v INEM and INSS

Defendant:
Instituto Nacional de Empleao and Instituto Nacion


Judgment Title:
David Petrie and Others v Universita degli Studi di Verona and Camilla Bettoni

Defendant:
Universita degli Studi di Verona and Camilla Bettoni


# Issue area

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


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


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


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


issue area (key word):
national monopolies of commercial character


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


issue area (key word):
convention on jurisdiction and enforcement


issue area (key word):
association of the overseas countries and territor


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


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


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


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


# Issues and positions

legal issue:
Should a veterinarian be taxed according to where services are provided (Beligium) or where the business is established (The Netherlands)?


legal issue:
Has France failed to implement a directive over analytical, pharmacological, and clinical standards for testing medicines?


legal issue:
Does Article 1(1) apply to a situation in which a person entrusted with cleaning of his premises to a first undertaking terminates his contract and enters a new contract with a second undertaking?


legal issue:
By the marketing of tickets on the railways behalf, are travel agencies carrying out operations of providers of services ancillary to transport?


legal issue:
Should the Court of First Instance have held that Articles 5 and 5bis of the Rules as invalid?


legal issue:
Should the insurer receive an export refund for goods that perished in route when there is a fixed rate of refund for all countries but one, for which there is no refund?


legal issue:
Is a benficiary of unemployment benefits in one state owed further benefits in a new state of residence, if those benefits would have been accrued if the worker had resided in the latter state for the entire period?


legal issue:
Is changing administrative practices, but not codified law, sufficient to met obligations under community law?


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


legal issue:
Can a dominant position within the common market exist where a limited company, set up by a national port authority, is given responsibility for anti-pollution services?


legal issue:
Does Community law require the competent authority to revoke a decision granting unlawful aid, even if the authority has allowed the time limit under national law to elapse?


legal issue:
Does Community law require repayment even does so appears to be a breach of good faith?


legal issue:
Does Community law require repayment even if the gain no longer exists?


legal issue:
Should the Commission communication on a market for pension funds be annuled?


legal issue:
Did the German government fail to implement directives on the right of residence?


legal issue:
Does the term Maintenance creditor cover any person applying for maintenance, including a person bringing a maintenance action for the first time?


legal issue:
Is the provision of security by non-nationals when bringing a case in a German court contrary EU law?


legal issue:
Is a trademark law that prohibits importation of a product protected by the mark where the product has been produced in a non-member state, imported into state B, exported into state A, and the mark is owned by the same group legal under EU law?


legal issue:
Does a packaging label requirement that indicates environmental impact and environmental tax constitute a technical specification and therefore require prior approval by the Commission before national implementation?


legal issue:
Has Belgium failed to fulfil its obligations bynot adopting within the prescribed time-limit the laws concerning medical devices?


legal issue:
Did Community regulations that permanently reduced milk quotas by 4.5% violate Community law?


legal issue:
Can a private individual plead before a national court on infringement of the Treaty?


legal issue:
Does a requirement to have slaughterhouses inspected by veterinary surgeons for health reasons violate the principle of proportionality?


legal issue:
Is it contrary to proportionality or EU law to have the costs of inspection borne by the slaughterhouse?


legal issue:
Does the German law against the importation of frozen mechanically recovered meat act as a quatitative restriction to trade?


legal issue:
Is it sufficient for the competent veterinary authorities in the states of origin and destination to cooperate in order to ensure health needs are met?


legal issue:
Does EU law preclude mandatory frontier inspections?


legal issue:
Does Eu law preclude spot frontier inspections?


legal issue:
Are charges levied  in repsect of systematic inspections carried out on goods subsequently exported prohibited as having an effect equivalent to a customes duty?


legal issue:
Can the Commission extend retroactively a Community framework on State aid to motor vehicles?


legal issue:
Is the establishment of societes en participation sufficient for transfering milk quotas from one producer to another under EU law?


legal issue:
Does the EC Treaty preclude a member state from prohibiting the establishment of coietes en participation whilst authorizing GAECS?


legal issue:
Should the judgment of the Court of First Instance be set aside with regards to a finding of occupational disease?


legal issue:
Should the decision of 18 April 1991 be annulled?


legal issue:
Should the decision of January 1992 be annulled?


legal issue:
Should the appellant be paid damages of BFR 9 147 091?


legal issue:
Does the principle of the protection of legitimate expectations allow the plaintiff grounds for appeal?


legal issue:
Is the pension fund scheme covered by Article 119 that protects rights of equal pay?


legal issue:
Is the difference in treatment of widows and widowers compatible with Article 119?


legal issue:
Does the plaintiffs case violate the time limit over when cases can be brought that was set in the Barber case?


legal issue:
Is the proper classification of esterified potato starch dependent on its acetyl content?


legal issue:
Can esterified potato starch in excess of .5 percent acetyl by weight be classified with starches under .5 percent based on other criteria for the purposes of assessing tariffs?


legal issue:
Does a Council directive on the safeguarding of employee rights in the event of a transfer of an undertakings be relied upon even before the directive took effect?


legal issue:
Must a Turkish immigrant worker actually live with the resident worker and spouse for three years in order to have rights to residence themselves?

ECJ ruling:
yes, except under objective conditions that prevent such activity


legal issue:
Must the Turkish worker live in Germany uninterupted for three years?


legal issue:
Does the UK owe Mrs Sutton interest on the payment of arrears for discrimination based on sex?


legal issue:
Could interest be owed as a result of state liability for noncompliance with EU law?


legal issue:
Can state law require finding fault in a sex discrimination case?


legal issue:
Can state law set a ceiling on compensatory damages in sex discrimination cases that it does not in other types of cases assuming the complaintant would have won the position?


legal issue:
Can state law place a ceiling of six months salary to damages for a sex discrimination case where several persons claim damages?


legal issue:
Was the Court of First Instance correct in stating that the case was inadmissible?


legal issue:
Should Geotronics tender for the contract be allowable given the entry into force of the EEA agreement in 1994?


legal issue:
Can the provisional validity of arestrictive agreement end before the Commission has taken action if th Commission was properly notified?


legal issue:
Does the provisional validity of an old agreement notified in good time to the Commission continue to exist when terms are amended?

AG position on issue:
yes, as long as it does not become a substantively new agreement

ECJ ruling:
yes, as long as it does not become a substantively new agreement


legal issue:
When a question relating to the interpretation of trade mark law and EU law arises, should the Benelux High Court or the ECJ be considered the supreme court?


legal issue:
Is a parallel importer free to use Trade Mark advertising?


legal issue:
Can a proprietor of a trade mark rely upon Article 7(2) of Directive 89/104 to oppose use of the trade mark?

AG position on issue:
Yes, if substantial harm to the image of the trademark can be established

ECJ ruling:
yes, if substantial harm to the image of the trademark can be established


legal issue:
Can a proprietor of a trade mark oppose use of a trade mark for purposes of commercialization?

AG position on issue:
yes, if substantial harm to the image of the trade mark can be established

ECJ ruling:
yes, if substantial harm to the image of the trade mark can be established


legal issue:
Are Mr. Snares DLA disability benefits subject to a residency requirement?


legal issue:
Is the Council regulation that sets this requirement made within the powers granted by the Treaty of Rome?


legal issue:
Should transport costs be allocated on a pr rata basis, having regard to the distances covered?


legal issue:
Can member states introduce a register used to discriminate among farmers who are and are not natural persons for the purposes of the modernization of farms directive?


legal issue:
Can the supplements in the case be classified as pharmaceutical products for tariff purposes?


legal issue:
Does a regulation requiring collection of unpaid duties within a three year period if they are to be collected at all apply before the regulation came into force?


legal issue:
Are the Sabel and Puma trade marks sufficiently similar to violate trade mark law?


legal issue:
May a third party remove and replace a trademark label if it does not affect theoriginal condition of the product?

AG position on issue:
yes, as long as the other conditions are met

ECJ ruling:
yes, as long as the other conditions are met


legal issue:
Did the Court of First Instance err in judgment when it declared that the Commission could not rule on whether PMU violated Articles 85 and 86 without first ruling one whether the French government violated Article 90?

ECJ ruling:
yes, though only sending case back to First Instance


legal issue:
Can a natural or legal person challenge before a national court the validity of provisions in directives even if they have not brought an Article 173 complaint?


legal issue:
Are Community measures that allow the temporary continuation of duty free sales within intra-Community trade invalid?


legal issue:
Is a rule that requires the promotion of a woman if there are fewer women than men in the higher post and the woman is equally qualified as the man consistent with Community non-discrimination rules?


legal issue:
Has Germany failed to fulfil its obligations under Art 11(1) of Dir 91/157 and Art 7(1) of Dir 93/86?


legal issue:
Should compulsory military service be considered periods of paid work for purposes of calculating social security benefits?


legal issue:
Does it matter whether the military service was performed oversees?


legal issue:
Is the Commission regulation concerning agricultural conversion rates valid?


legal issue:
Can garments that are meant to be worn primarily as nightdresses be catagorized as nightdresses?


legal issue:
Can foreign language nationals be excluded from temporary teaching posts?


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


legal issue:
Does a member state have discretion in establishing production regions?


legal issue:
Is a member state entitled to establish the whole territory of a specific regional base area as a production region?


legal issue:
Is the Council Regulation No 404/93 with regards to the market in bananas invalid?


legal issue:
Is Commission Regulation No 1442/93 laying down detailed rules for imprting bananas invalid?


legal issue:
Is the Swedish levy prior to accession invalid?


legal issue:
Does the Compensatoin Rules for Workers Leaving Farming fall under Council Regulation No 1408/71?


legal issue:
Can application of Compensation Rules for Workers Leaving Farming discriminate based on nationality?


legal issue:
Has Greece failed to fulfil obligations by maintaining in force legislation which restricts the right to register in the Greek shipping register vessels partly owned by Greeks?


legal issue:
Has Germany failed to fulfill obligations by not transposing laws with regard to plant protection products in a timely fashion?


legal issue:
Is a national law allowing a patent holder to oppose another person from applying for the rights to produce pharmaceuticals under the patent before it

AG position on issue:
yes, but should be allowed anyways, under article 36.

ECJ ruling:
yes, but should be allowed anyways, under article 36.


legal issue:
Can a member state impose an injunction on infringers of patent rights prohibiting the marketing of the medicines after the patent expires to prevent

AG position on issue:
Yes, this is allowed to protect industrial and commercial rights.


legal issue:
Does community law preclude a member state from requiring action for reparation of the loss sustained as a result of belated transposition of a direct


legal issue:
May a member state set a ceiling to the reparation payable to a citizen where a directive has been belatedly transposed into national law?

ECJ ruling:
yes, it is permissable unless the delay in transposition caused further harm.


legal issue:
Does onset of the employers insolvency corresponds to the date of request that proceedings be opened, or to the date of the decision to open them?

AG position on issue:
the date which the employer is deemed insolvable (latter)

ECJ ruling:
the date of request to open proceedings (former)


legal issue:
May a member state restrict reparations payable due to delays in transposition of the directive where the worker has received an allowance to assist h


legal issue:
Does the last three months mean the last three CALENDAR months, or the time period of three months preceding termination of employment?


legal issue:
Can a member state levy a surcharge on general goods duties on imports by ship from other member states?


legal issue:
Is it contrary to community law for a member state to have a law under which recovery of charges unduly paid are timebarred after five years?

AG position on issue:
no, its ok todo so provided that such actions no not make it impossible to exercize ones rights conferred by community law.

ECJ ruling:
no, its not contrary to community law at all.


legal issue:
Does the ECJ have jurisdictionn under Article 177 to interpret community law if, though technically ungoverned directly by it, a national legislature

AG position on issue:
the court does not have jurisdiction to reply to this question.

ECJ ruling:
yes, the court does have this jurisdiction.


legal issue:
Do the common rules layed down in directive 90/434 about taxes apply to mergers, divisions, transfers of assets or exchanges of shares regardless of t

AG position on issue:
The court does not have jursidiction under Article 177 to reply to this question.


legal issue:
Should a member government carry out general investigations to see whether the a planned merger has tax evasion as its principle objective?

AG position on issue:
The court does not have the jurisdiction to answer this question.

ECJ ruling:
yes, and it must be open to judicial review


legal issue:
Should -valid commerical reasons- be interpreted as involving more than just fiscal advantage?

AG position on issue:
The court does not have the authority under Article 177 to reply to this question.


legal issue:
Can a state collect duty on importations when the EUR.1 certificate is cancelled even if the reason for cancellation is unknown?


legal issue:
Is an exporting country liable to pay the importation duties of goods whose EUR.1 forms were improperly filled out, causing cancellation of the EUR.1?

AG position on issue:
no, because the state of importation may challenge the results.


legal issue:
Should an importer have to pay customs duties on goods when it is the exporter who has committed an offense?


legal issue:
If the exporter neglected to check the origin of goods prior to issuance of an EUR.1, is it a case of force majeure, absolving the importer from payin


legal issue:
Must a disputed customs decision be suspended if there is a risk of irreparable damage to the person concerned?

AG position on issue:
the court does not have jurisdiction to rule on this question.


legal issue:
In the case of possible irreparable damage, should a security still be lodged during suspension of a customs ruling?

AG position on issue:
the court does not have authority to answer this question.

ECJ ruling:
yes, unless it will cause serious financial or social problems for the plaintiff.


legal issue:
Does losing ones job to pay for duty claims constitute serious financial or social difficulties even if one receives social welfare to subsist?


legal issue:
When a duty claim is suspended, should the applicants economic situation be taken into account in deciding the amount of the security required?

ECJ ruling:
no, unless requiring the whole duty as security would cause serious difficulties.


legal issue:
Can the importation of Japanese fish products be banned due to commission decisions if upon inspection in the country of importation no health risks a


legal issue:
Should the country of services supplied be considered the state of a businesses establishment rather than the state of the business transaction to det


legal issue:
Should the ruling of the Court of First Instance in case T-143/89 ruled on 6 april 1995 be upheld?

AG position on issue:
yes.  The appellant should be dismissed.

ECJ ruling:
yes.  The appellant should be dismissed.


legal issue:
Can a member state levy import surcharges for goods shipped into harbors from other member states?


legal issue:
Is it the burden of the member states to set procedure and provide proof for safeguarding the rights of individuals from article 86 of the EEC treaty?

AG position on issue:
yes, as long as it does not make it impossible to exercise community law.

ECJ ruling:
yes, as long as it does not make it impossible to exercise community law.


legal issue:
Can a commercial port occupying a dominant posiiton in the common market levy very high port duties unapplicable to its own ferry services?

ECJ ruling:
no.  And it’s the national governments job to moniter such.


legal issue:
Can a public undertaking owning a port levy duties for port facilities which are contrary to community law and unessential to the undertakings success


legal issue:
Should the government be forced to repay persons and undertakings that paid duties illegally imposed?


legal issue:
Must a state issue export refunds for milk products contained in products with a base of coffee, as well as coffee extracts and concentrates under art

AG position on issue:
no, only for products with a base of coffee.


legal issue:
Is the CCC applicable to demands for repayment of export funds?


legal issue:
May a national court suspend implementation of a national administrative decision based on a community rule?

AG position on issue:
yes, but only under specific circumstances

ECJ ruling:
yes, but only under specific circumstances


legal issue:
Can a national court which has referred a question to the ECJ of a community laws validity still grant leave to appeal against its decision ordering s


legal issue:
Should farmer be refused any area-linked aid when inadvertantly declaring more land than they own on aid applications?


legal issue:
Should cattle farmers be denied any premium payments if they accidentally declare much more grazing land than they have on aid applications?


legal issue:
Is the refusal of aid to farmers who mistakenly misrepresent the amount of land the own on aid applications contrary to community law?


legal issue:
Can state recognition of water as natural mineral water be dependent upon the water having favorable health properties?


legal issue:
Has Spain failed to fulfill its obligations by not adopting national measures to allow government officials to transfer their retirement plan to the C


legal issue:
Is Germanys method of determining the price of duties on goods temporarily exported fair?


legal issue:
Has Italy failed to fulfill its obligation to adpot laws to implement EU directives?


legal issue:
Did Italy fail to fulfil its obligation by not notifying the Commission of the measures taken to transpose the directive?

AG position on issue:
As the defendant does not contest that the directive at issue has not been transposed into internal law, the Court does not have to consider the Commissin's complaint concerning failure to give notification of the measures taken to transpose the directive

ECJ ruling:
That portion of the application is dismissed.


legal issue:
Is a person regarded as a consumer if they purchased goods with the intent of using them in trade/business transactions but has not yet done so?


legal issue:
Does the court designated in a jurisdiction clause of a contract have the exclusive right to declare the contract null and void?


legal issue:
Can a state take action against television advertisers from another member state for misleading advertising?

ECJ ruling:
yes, as long as it does not interfere with retransmission


legal issue:
Can a state take action against advertising aimed at children under 12 when broadcast from a different member state?


legal issue:
Can reparations to someone for losses incurred due to the belated transposition of EC directives be lower than the amount the individual would have re


legal issue:
Can member states levy import surcharges on general duty for goods shipped into ports from other member states?


legal issue:
Can a surcharge on general duty be levied against a non-member state country having a free trade agreement against tax discrimination?


legal issue:
Can a state impose a surcharge on tax duty for non-member states without a free trade agreement?


legal issue:
Must states repay duties that were charged contrary to community law?


legal issue:
Can national limitation periods for repayment of duties levied contrary to EC law start from before the illegal duties were ceased?

AG position on issue:
yes.  So long as the time period is not shorter than in community law.


legal issue:
Are regulations passed by the council and commission on structural improvements of inland waterway transport valid, within bounds of the treaty?


legal issue:
Should the councils vote to adopt a calender of part-sessions be annulled for not having enough sessions planned?


legal issue:
Is article 119 about equal pay between the sexes applicable to public servants?


legal issue:
Does German law indirectly discriminate against women in regards to pay?

AG position on issue:
no.  It does not fall within the scope of the treaty.

ECJ ruling:
no. It does not fall within the scope of the treaty.


legal issue:
Does German law discriminate against women in regards to career progression through its systerm of counting length of service?


legal issue:
Is it discriminatory against women not to count part time work when figuring length of service for job promotion?

ECJ ruling:
yes, if there is a dispropotionate number of women affected by the laws.


legal issue:
Should the Parliament decision on a community system of information on accidents be annulled for not following co-decision precedure?


legal issue:
Can citizens of other member states, residents or not,  be forced to provide security for the cost of legal precedings in Austria?

AG position on issue:
The court does not have jurisdiction.  If it did, then no.  It cannot.

ECJ ruling:
no.  Not if Austrian citizens are not also forced to.


legal issue:
Can a state lower social security benefits to employed people and their families based on benefits received from another state?


legal issue:
Has Belguim failed to transpose laws about controlling animal diseases and swine vesicular disease?


legal issue:
Pursuant to Article 30 of the EC Treaty, can national measures affect TV broadcasters and advertisers from other member states broadcasting to the first?

ECJ ruling:
yes, as long as domestic companies are treated equally.


legal issue:
Pursuant to Article 59 of the EC Treaty, can national measures affect TV broadcasters and advertisers from other member states broadcasting to the first?


legal issue:
Should photocopier/fax machine combos be considered heading 9009 12 00 for customs purposes?


legal issue:
Are farmers who voluntarily stopped producing milk then eligible to claim discontinuation compensation?


legal issue:
Must a state decline jurisdiction on a case if the exact same case was brought before another state prior to the Brussels Convention?

ECJ ruling:
yes.  But not if the first court claims jurisdiction on the bassis of a rule contrary to the convention.


legal issue:
Has Spain failed to fulfill its obligations under the Euratom Treaty by not implementing laws to protecty medical patients from radiation?


legal issue:
Should pensions from state govt. be calculated according to actual contributions by the insured if s/he was a migrant worker?

AG position on issue:
no.  Theoretical contributions as if the worker had remained in the state should be accounted for.

ECJ ruling:
no.  Theorical contributions should be accounted for.


legal issue:
Is failure to use a courtesy title during criminal proceedings considered discrimination?

AG position on issue:
The court has no jurisdiction in this matter.

ECJ ruling:
The court has no jurisdiction in this matter.


legal issue:
Does the term areas under forage refer only to the area used by an indiviual milk farmer instead of the entire holding?


legal issue:
Is free transport services provided by an employer for employees considered taxable supplies?


legal issue:
Are free rides to work in company owned cars that serve no other purpose taxable for serving the staffs private use?

AG position on issue:
yes in most cases, but not special cases like this.

ECJ ruling:
yes in most cases, but no special jobs like this.


legal issue:
Is it taxable if an employee party is commissioned to provide his own transport in his private vehicle?


legal issue:
Are contentious administrative proceedings considered courts and tribunals able to refer questions under 177?


legal issue:
Do doctors who satisified national requirements but were not employed before the application of community law have the right to practice general medic


legal issue:
Do anti-dumping duty on specific Yugoslav imports apply to Macedonia now that its independent?


legal issue:
Can authorities reject very low contracting bids without following the EU verification procedure?


legal issue:
Has Netherlands failed in its obligations by granting exclusive import rights for public electricity to one company?


legal issue:
Has Italy failed in its obligations by granting exclusive rights to import and export electricity?

AG position on issue:
yes, but only in respect to exportation.


legal issue:
Has France failed in its obligations by granting exclusive import and export rights for elecricity and gas?


legal issue:
Has Spain failed in its obligations by reserving import and export rights for electricity for itself?


legal issue:
Should the Commission Regulation reducing the regional compensation amounts for seed produced in Portugal be annulled?

AG position on issue:
no.  The application should be dismissed.


legal issue:
Is the Swedish monopoly on alchoholic beverage import and sales illegal under article 37?


legal issue:
Is Swedish law that only allows certain people to import alcohol illegal under article 30?


legal issue:
Has Greece failed to fulfil its obligations by by using the described method to determine the taxable value of imported used cars

AG position on issue:
Greece has failed to fulfil its obligations in regard to all heads of claim except Art 3 of Law 363/1976.

ECJ ruling:
The Hellenic Republic has failed to fulfil its obligations under Art 95 of the Treaty.


legal issue:
Can the state bodies that review award procedures for public contracts also review awarding of public service contracts?

AG position on issue:
The case is inadmissible because the referring body is not considered a court.

ECJ ruling:
no, but the domestic court must determine if it is allowed under domestic law.


legal issue:
Must foodstuffs specify either a producer or packager from inside the EC if the seller is not?


legal issue:
Is it the gaurantee instiution of the state where an insolvent company is established that must pay employees outstanding claims?

AG position on issue:
it is for the member states to decide whether such cases are within their jurisdiction.


legal issue:
Is the Portuguese stamp duty on works contracts considered a turnover tax and against EU law?


legal issue:
Can a credit note be regarded as an invoice?


legal issue:
If someone does not contest the amount of VAT in a credit note, are they liable for the amount stated?


legal issue:
Is it legal for proof for the criminal proceedings be confined only to transit documents?


legal issue:
Can proof from a member states competent authorities be used in criminal cases under Community transit procedure?


legal issue:
Can an insurance company apply new rules on its own if it hurts the consumer who was awarded an invalidity pension?


legal issue:
Is the plaintiff considered part of the German labour force despite original intentions to return to Turkey?


legal issue:
Does the plaintiff forfeit his right to extend his residence by initially accepting restrictions on his permit?

AG position on issue:
no, unless the permit was obtained by deception.

ECJ ruling:
no, unless the permit was obtained deceptively.


legal issue:
Do short inturruptions in the legal residence of Turkish workers in between permits negatively effect his rights?


legal issue:
Are Turkish specialist chefs also considered part of the registered labour force if their residence was time limited from the onset?

AG position on issue:
yes, and Germany cannot impose special time restrictions.


legal issue:
Can Germany issue residence permits that restrict holders from their original rights?


legal issue:
Was treaty article that authorized the EC to eliminate obstables to free movement inadequate legal basis for a Directive aimed to protect depositors?

AG position on issue:
No, the court should reject the application


legal issue:
Was an EC article incorrectly applied by denying aid that was intended for use in marketing, but considered by the company to be investment aid?

AG position on issue:
No, the Court should dismiss the appeal.


legal issue:
Is France entitled to a reduction to advances on the entry of milk even after failure to fully complete a questionnaire required by the Commission?

ECJ ruling:
No; the Court dismissed the application.


legal issue:
Did the UK fail to fulfill its obligations under the EC Treaty by passing an act that is incompatible with Article 7 of a Council Directive?

AG position on issue:
No, the Commission failed to show that the act does not correctly implement Article 7.


legal issue:
Is a Turkish worker entitled to renewal of his residence permit in a member state where he has been employed for one year, without interruption?

AG position on issue:
No, a Turkish worker can only renew his worker permit after one year of uninterrupted legal employment with the same employer.


legal issue:
May an individual obtain tax exemption for more than one vehicle temporarily imported into a member state other than the one in which he resides?


legal issue:
Is the system of penalties in Greek law compatible with Community law?

AG position on issue:
Community law precludes a penalty requiring the immediate payment of customs duties on the importation of vehicles from within the Community.

ECJ ruling:
Art 3 of the Directive must be interpreted as precluding domestic legislation under which the customs duties and other taxes applicabel together with additional duty equal to the amount of those duties and taxes are to be payable immediately where a secon


legal issue:
Has Ireland failed to comply with EC Treaty by enforcing limits on who can register fishing vessels?


legal issue:
Does EC Treaty preclude a woman from being dismissed as a result of absence subsequent to her maternity leave?

AG position on issue:
No, unless prior account is taken of periods of absence on medical grounds.


legal issue:
Has Greece failed to comply with EC Treaty by not taking necessary measures to implement a directive on the conservation of natural habitats?

AG position on issue:
Yes, Greece failed to adopt the necessary provisions within the prescribed period.

ECJ ruling:
Yes, Greece failed to comply and must pay costs.


legal issue:
In order for a tax to be characterized as a turnover tax, must national legislation expressly provide that it may be passed on to the consumer?


legal issue:
In order for a tax to be characterized as a turnover tax, is it necessary for the passing on of the tax to the consumer to be recorded in an invoice?


legal issue:
Can a state prohibit distribution of a publication produced in another State that contains prizes illegal in the 1st state?

AG position on issue:
Yes, provided the rule in question is necessary and proportionate to the fulfillment of mandatory requirements, in this case the safeguarding of the press.


legal issue:
Has France violated Treaty by failing to adopt laws coordinating the procurement procedures of entities operating in the water, energy, &transport?

AG position on issue:
Yes, France has failed to fulfil its obligations


legal issue:
Has France violated Treaty by failing to adopt the laws that comply w/EC  procedures for the award of public supply contracts?

AG position on issue:
Yes, France has failed to fulfill its obligations

ECJ ruling:
Yes, France has failed to fulfill its obligations


legal issue:
Has Belgium violated treaty by not adopting on time measuresto implement Commission directives relating to packaging/labeling of dangerous substances?

AG position on issue:
Yes, Belgium has failed to fulfill its obligations

ECJ ruling:
Yes, Belgium has failed to fulfill its obligations


legal issue:
Did Belgium violate treaty by failing to adopt laws regarding the deliberate release of genetically modified organisms?

AG position on issue:
Yes, Belgium failed to fulfil its obligations

ECJ ruling:
Yes, Belgium failed to fulfil its obligations


legal issue:
Has Spain violated treaty by failing to adopt laws necessary to comply with a directive on waste?

AG position on issue:
Yes, Spain has failed to fulfill its obligations.

ECJ ruling:
Yes, Spain has failed to fulfill its obligations.


legal issue:
Can a member state regulate the use of geographical labels if it could discriminate against the products of another member state?


legal issue:
Can a company deduct previous losses from its tax liability even if the losses are from a parent company located in another state?


legal issue:
Is an orphan entitled to an extension of orphan benefits to compensate for previously missed benefits?

ECJ ruling:
Yes, the state is required to assimilate mil service in its in another mem.st. to service under its legislation.


legal issue:
Can a member state test wine produced in conformity with Community rules in another member state?


legal issue:
Is the use of the magnetic-resonance test in order to determine the fitness of wine for human consumption compatible with Community  law?

AG position on issue:
Yes, it is a matter for the national court to determine.


legal issue:
Has the Commission misused its powers by ordering the suspension of certain aids to a company until previous aid found to be unlawful has been repaid?

AG position on issue:
Yes, the Commission acted outside its powers.


legal issue:
Can Echinacea drops be classified as a medication consisting of unmixed products for therapeutic use?


legal issue:
Can a product that was exported from the former German Democratic Republic qualify for export refunds?


legal issue:
Is origin of programs relevant in determining if a TV broadcaster comes under the jurisdiction of a Member State?


legal issue:
Can a state that is not the member state having jurisdiction of a broadcaster oppose the retransmission of broadcasts that do not comply with treaty?


legal issue:
Is an EEC regulation imposing an anti-dumping duty on imports of potassium permanganate from China valid?

AG position on issue:
Yes, nothing disclosed by this case affects the validity of this regulation.


legal issue:
Did France violate Treaty by failing to adopt laws complying with a directive on batteries and accumulators containing certain dangerous substances?


legal issue:
Can the period a Turkish worker worked in a member state be considered legal employment if he obtained his residence permit through false declaration?


legal issue:
Do Greek laws that order a legal relationship b/w tourist agencies and government contradict an EC article that protects workers from other states?


legal issue:
Did France violate Treaty by failing to adopt laws relating to restricted production of waste within the prescribed period?


legal issue:
Did Germany violate treaty by failing to adopt within the prescribed period laws on health problems affecting trade in fresh poultry meat?


legal issue:
Which state has jurisdiction over a broadcaster established in more than one member state?


legal issue:
Were the changes the Council made to a regulation substantial enough so that the it should have been sent back to the EP before being passed?


legal issue:
Can a supplementary protection certificate for medicinal purposes only be granted if the product has been authorized as a medicinal product?


legal issue:
Can a member state refuse to give family benefits to an employed person whose children reside in another member state?


legal issue:
Can cheese an exporter describes as "grated cheese" that has broken down into irregular granules after unpacking still be classified as grated cheese?


legal issue:
Can certain separate units of electrical apparatus be classified under one Common Customs Tariff?


legal issue:
Should a Commission decision to fix olive and oil yields without relying on member state authorities figures be annulled?


legal issue:
Are  legal remedies available  to nationals of a member state also available in cases concerning entry of nationals of other member states?


legal issue:
Can a Community national refused entry into the UK  appeal if a British national would have a right of appeal under similar circumstances?


legal issue:
Can a state make a certificate attesting to conformity with national criteria a requirement for a company to register motor vehicles?


legal issue:
Must a payment increase be applied whenever it is agreed that the price for imported goods is payable on a date more than 30 days after their arrival


legal issue:
Does Community law lay down conditions concerning the statement of reasons for national rules of general scope which fall within the sphere of Communi


legal issue:
Does EC treaty preclude a member state from allowing only non-profit-making operators to conclude contracts which allow them to be reiumbursed by the


legal issue:
Does the definition of "waste" include all materials derived from production or consumption cycles in a manufacturing process, even those capable of r


legal issue:
Has Italy failed to fulfill its obligations by maintaining in force legislation which does not exempt from value added tax any event excluded from the


legal issue:
Is an EC Regulation invalid in so far as it requires member states to collect from every undertaking a detailed declaration?


legal issue:
Should the Council and Commission compensate the plaintiffs for claimed losses that resulted from the imposition of an anti-dumping duty on imports of


legal issue:
Has Germany failed to fulfill its obligations by not taking within the prescribed time period meausures to comply with a Commission directive on fruit


legal issue:
Does an EC directive on the common system for value added tax include arbitral services provided by practicing lawyers?


legal issue:
Must a member state  consider the period during which a worker applying for invalidity pension drew unemployment benefit in another state?


legal issue:
In case 347/95, was a charge levied without distinction on domestic and imported products a measure having equivalent effect to a customs duty?


legal issue:
Can a tax be classified as a turnover tax if it is not proportional to the price of those products and not charged at each stage of production?


legal issue:
In case 28/95, was a charge levied without distinction on domestic and imported products a measure having equivalent effect to a customs duty?


legal issue:
Are all of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms part of the Community Law?


legal issue:
Can a member state define a geographical area for the purposes of labeling goods being marketed in France without discriminating by country of origin?


legal issue:
Does article 27 allow the German government to charge tax based on cost of supply when there is a personal relationship?

AG position on issue:
Article 27 does not prevent the exceptions allowed under the Council directive.

ECJ ruling:
Article 27 does not prevent the exceptions allowed under the Council directive.


legal issue:
Can an employee of the Commission receive full reimbursement for medical expenses of his children?


legal issue:
Do exemptions for turn-over taxes depend on the type of institution, the type of legal person, or whether the transaction was electronic or manual?


legal issue:
Do exemptions to the turn-over tax depend on whether the service is provided by an institution that has a legal relationship with the end customer?


legal issue:
Do exemptions from a turnover tax include transactions carried out by a data handling center?


legal issue:
Does the exemption apply to services making financial information available to banks?


legal issue:
Are transactions concerning the management of deposits, purchase contracts, and loans necessarily never covered by the exemption?


legal issue:
Are services invoiced by a third party sometimes exempt?


legal issue:
Does EC law allow national courts not to enforce a selective distribution system for motor vehicles against third parties?


legal issue:
Did Italy fail to fulfil its obligations in adopting law NO 257 of 27 March 1992 without having notified the Commission of the draft Law?

AG position on issue:
By adopting Art 1(2) of Law 257/92 without having previously notified the draft of this provision to the Commision, the Italian Republic has failed to fulfil its obigations under the first subparagraph of Art 8(1) of Dir 83/189, but the remainder of the


legal issue:
Can a tax here be classified as a turnover tax if it is not proportional to the price of those products and not charged at each stage of production?


legal issue:
When does the time-limit to respond an annulment begin?

AG position on issue:
Reason must be stated for annulment time-limits to begin.

ECJ ruling:
Annulment time-limits do not begin until reasons have been stated.


legal issue:
Can a Member State make the grant of aid for extensification conditional if there has been a drop in output during an intermediate period?

AG position on issue:
No, the grant for aid cannot be conditional in this case.

ECJ ruling:
No, the state cannot make the grant for extensification conditional.


legal issue:
Is the primary State of an employee s work determined the location of his main center of operation?

AG position on issue:
Yes, place of habitual employment is determined by the State of main operation.

ECJ ruling:
Yes, an employee s primary State of work is where he has established his main office.


legal issue:
Does the prohibition of releasing funds fall under the scope of EU Common Commerical Policy?

AG position on issue:
Yes, the UK's action falls under the scope of EU CCP.

ECJ ruling:
Yes, EU CCP comptence includes prohibitions on the release of funds.


legal issue:
Can a violation of Article 113 (CCP) be justifed under Article 234?

AG position on issue:
A member State can only violate Article 113 if it is necessary due to agreements made prior to establishment of law by EU treaty.

ECJ ruling:
Article 234 can only justify a violation of CCP if prior obligations to non-member states compel the action.


legal issue:
Did Spain s monetary aid fall under the exceptions laid out in Article 92?

AG position on issue:
No, Spain s aid is not allowed under Article 92.

ECJ ruling:
No, Spain s aid is not excepted according to Article 92.


legal issue:
Do Articles 48, 52, and 59 apply to a situation confined completely within one single Member State?

AG position on issue:
No, these Articles do not apply to activities confined within one Member State.

ECJ ruling:
No, these Articles are not applicable when the situation is entirely in a single Member State.


legal issue:
Does EC law require the calculation of agricultural conversion rates to be applied when the processor actually receives the product?

AG position on issue:
Yes, the date of calculation is the date the processor receives the delivery of the product.

ECJ ruling:
No, rates are calculated when the processor has concluded a delivery contract.


legal issue:
Does Article 6 preclude a Member State s national provision that discriminates penalties based on nationality?

AG position on issue:
Yes, Article 6 takes precedence over national legislation on this issue.

ECJ ruling:
Yes, Article 6 overrides national provisions that discriminate based upon nationality.


legal issue:
Does Regulation 926/80 allow exemptions from MCAs if the goods are both imported and exported by the same trader within the 6th month period?

AG position on issue:
Exemption may only be refused if the product is re-exported or re-imported by the same person.

ECJ ruling:
In order to refuse exemption from payment of MCAs, it is sufficient for the same product to be exported within six months of its importation, irrespective of whether it was imported by the same or another trader.


legal issue:
Does a foreign worker lose his right to a residence permit if he voluntarily terminates his employment to seek another job?

AG position on issue:
Yes, the worker is not entitled to a resident permit if he leaves his job voluntary.

ECJ ruling:
The worker is entitled to a permit for a "reasonable period" if he is has been employed there for more than four years.


legal issue:
Must marketing authorization be provided on demand by a basic patent holder?

AG position on issue:
No, the authorization holder is not obliged to provide a copy.

ECJ ruling:
No, an authorization holder does not have to comply with the request to provide a copy.


legal issue:
If a product is covered by several basic patents, does this preclude the grant of supplementary protection to each holder of the basic patent?

AG position on issue:
No, supplementary protection can be granted to multiple holders of a basic patent on medicinal products.

ECJ ruling:
No, the fact that other hold basic patents as well does not preclude the granting of supplementary protection to one holder.


legal issue:
Does the judgment of a national court cause time to start running again to challenge a decision of the Commission not challenged during the original t

AG position on issue:
Article 177 gives the Court no jurisdiction to rule in this matter.

ECJ ruling:
No, time limits do not restart with a national court judgment.


legal issue:
If a charge levied in breach of Community law has been passed on to a 3rd party, it is the Member State s repsonsibility to repay the party if the fin

AG position on issue:
Yes, the individual retains the right to reimbursement of fines unduly leved by the authorities.

ECJ ruling:
Yes, the Member State must repay the individual.


legal issue:
Was Case T-146/94 incorrectly decided by the Court of First Instance?

ECJ ruling:
No, the decision was correct. The appeal is dismissed.


legal issue:
Has Italy failed to implement the EU Council Directives in question?

AG position on issue:
Yes, Italy has not taken steps to adopt and fully implement the Directives in question.

ECJ ruling:
Yes, Italy has failed to implement Directives 92/45/EEC, 92/46/EEC, 92/65/EEC, 92/88/EEC, 92/117/EEC, and 92/118/EEC.


legal issue:
Does Antonissen have grounds for appealing Case T-179/96 R of the Court of First Instance?

ECJ ruling:
Yes. Case T-179/96 R is set aside and the case is remanded back to the Court of First Instance.


legal issue:
Do Member States set the definition of "employment" for social security purposes within their own state?

AG position on issue:
Yes, it is the responsibility of the Member States to set this definition.

ECJ ruling:
Yes, it falls to the Member States to set the definition of "employment" within their own borders.


legal issue:
Does Community law prevent Member States from insuring a person against only some of the risks covered by its social security scheme?

AG position on issue:
No, Member States can determine the proper amount of coverage.

ECJ ruling:
No, provided the individual is not discriminated against if working in two different Member States.


legal issue:
Do Member States have to consider income from another state when determining social security pay contributions?

AG position on issue:
No, Member States do not have to take extra state income into consideration.

ECJ ruling:
No, Member States are not required to take extra state income into account.


legal issue:
Can Member States put conditions on family allowances restricting payment to those members actually residing in the competent Member State?

AG position on issue:
No, States cannot put conditions on family allowances.

ECJ ruling:
No, States are not allowed to put residential conditions on family allowance grants.


legal issue:
Can a Member State set differing early retirement contributions for males and females?

AG position on issue:
Yes, the a Member State can set contributions at a differing level for the sexes.

ECJ ruling:
Yes, Member States can establish different early retirement contribution levels for the sexes.


legal issue:
Is a national court bound by a Commission decision against a person who did not bring action under Article 173?

AG position on issue:
Yes, after the proscribed time-limits are passed, the decision of the Commission stands

ECJ ruling:
Yes, the Commission decision is binding after the time-limit has passed.


legal issue:
Does a Member State s definition of employed and self-employed only apply to work carried out in that Member State?

AG position on issue:
Yes, national definitions of employed and self-employed only apply to activities carried out within that Member State.

ECJ ruling:
Yes, national rules for employed and self-employed apply only to work carried out within that Member State.


legal issue:
Should Commission Regulations 2791/94 and 510/95 be annulled due to an inadequate legal base for Commission action?

AG position on issue:
No, an annullment should not be granted.

ECJ ruling:
No, the Commission acted within its legal grant of power.


legal issue:
Should Commission Regulation 3303/94 be annulled because it was drawn up under the incorrect Article, discriminates between Member States, and lacks a

AG position on issue:
No, the annullment should not be granted.

ECJ ruling:
No, the Regulation of the Commission stands.


legal issue:
Should an appeal be granted against the judgment of the Court of First Instance in Case T-489/93?


legal issue:
Does the acquisition and holding of bonds constitute economic activity that is taxable according to VAT requirements?

AG position on issue:
No, simply holding the bonds independent of other economic activity is not VAT taxable.

ECJ ruling:
No, if holding of the bonds is not an extention of another business or commerical activity.


legal issue:
Can a Member State exclude activities carried out by bodies governed by public law from VAT taxation?

AG position on issue:
Yes, a Member State can exclude these activities.

ECJ ruling:
Yes, a Member State can exclude these activities regardless if they were performed similar to a private trader.


legal issue:
Did Belgium fail to transpose Council directives on efficiency requirements for hot-water boilers into law?


legal issue:
Does an unemployment allowance for those over 52 constitute an unemployment benefit under EU law?

AG position on issue:
Yes, an unemployment allowance for those over 52 constitutes an employment benefit.


legal issue:
Is Article 48 of Council Reg No. 1408/71 applicable to unemployment benefits?

AG position on issue:
No, Article 67 only applies to this situtaion.


legal issue:
Does a Member State have to take into account entitlement to old-age benefits in another member state?

AG position on issue:
Yes, national governments must take outside entitlement into account.

ECJ ruling:
This is the responsibility of the national court to determine.


legal issue:
Can national legislation require a person to have paid contributions for a time period into a pension scheme to qualify for an unemployment allowance?

AG position on issue:
No, time period requirements are contrary to the principles of the EC Treaty.

ECJ ruling:
Yes, Member States can have time period set to qualify for unemployment allowances.


legal issue:
Can an individual sue the Commission for failing to instigate proceedings under Article 169 against a Member State?

AG position on issue:
No, individuals may not sue the Commission for this reason.


legal issue:
Can a trader who is not an approved reseller undertake parallel imports and act as an independent reseller of new vehicles of that make?

AG position on issue:
Yes, Commission Regulations do not prevent this.


legal issue:
Should the appeal of the Commission of Case T-12/94 be allowed?

AG position on issue:
No, the appeal of the Commission unfounded.

ECJ ruling:
The case should be referred back to the Court of First Instance for re-judgment.


legal issue:
Is a tour operator in one Member State subject to the VAT who is providing services through intermediaries in another Member State?

AG position on issue:
No, as long as the intermediary is a mere auxiliary without the resources of a full establishment.

ECJ ruling:
No, as long as the intermediary complany does not possess full human and technical resources.


legal issue:
Has the Kingdom of Belgium failed to fulfill its obligations on the abolition of restrictions on movement and residence of workers and their families?

AG position on issue:
Yes, Beligum has failed to fulfill its obligations under EU law.

ECJ ruling:
Yes, Belgium has not abolished their restrictions.


legal issue:
Has Belgium failed to implement Commission Directive 91/659/EEC?

AG position on issue:
Yes, Belgium has failed to implement this Directive.

ECJ ruling:
Yes, Belgium has failed to fulfill its obligations.


legal issue:
Must a Member State grant supplementary benefits to pensioners or orphans residing in another Member State where family benefits are higher?

AG position on issue:
Yes, a Member State must make up the difference in accordance with Community law.

ECJ ruling:
No, Member States are not bound to provide supplementary benefits in this case.


legal issue:
Does Reg No 990/93 apply when a vessel has not actually entered prohibited territory but this is sufficient reason to believe it is headed on that cou

AG position on issue:
Yes, this Regulation applies regardless of if the ship has yet entered prohibited waters.

ECJ ruling:
Yes, the Regulation applies if there is reason to believe the vessel is on course for prohibited waters.


legal issue:
Can a Member State confiscate cargo in the event of a breach of Reg No 990/93?

AG position on issue:
Yes, a Member State can confiscate the cargo of the ship.

ECJ ruling:
Yes, a Member State can seize the cargo of a vessel in violation of Reg 990/93.


legal issue:
Does a decision in a divorce case ordering payment of a lump sum and transfer of ownership falls within the scope of the Brussels Convention?

AG position on issue:
Yes, this kind of decision falls under the scope of the Brussels Convention.

ECJ ruling:
Yes, a decision of this kind falls within the scope of the Brussels Convention.


legal issue:
Must a Member State recognize the documents of another Member State in determining age for the purposes of granting social security?

AG position on issue:
Yes, documents are valid in any Member State if they are valid in one.

ECJ ruling:
Yes, Member States must give personal documents the same value as those from their own Member State.


legal issue:
Does EU law dictate how charges levied on companies and their capital are calculated?

AG position on issue:
No, it is the responsibility of the Member States to determine this amount.

ECJ ruling:
No, Member States determine how these amounts should be calculated.


legal issue:
Does EU law allow dismissial of actions for recovery of charges on the grounds that both sides did not know they were unlawful?

AG position on issue:
No, Member States cannot use this as a justification to dismiss the actions.

ECJ ruling:
No, this is not an excusable error for Member States to justify dismissing actions for the recovery of charges.


legal issue:
Does EU law prevent a limitation period laid down by states from beginning to run before a directive has been fully implemented?

AG position on issue:
No, a limitation period is legal for Member States to establish.

ECJ ruling:
No, Member States can inact limitation periods before the directive is properly implemented.


legal issue:
Does EU law prevent states from restricting the right to apply to penalize companies who do not discole annual accounts info?

AG position on issue:
Yes, EU law does not allow Member States to restrict this right to application for penalty.

ECJ ruling:
Yes, Member States cannot restrict this right.


legal issue:
Did Italy fail to fulfill its obligations by placing a ban on night work for women?


legal issue:
Did Italy fail to fulfill its obligations by failing to designate waters needing protection and to establish programs to reduce pollution?


legal issue:
Can states exempt an employer from the obligation to give an employee written notification of the essentials of their contract?

AG position on issue:
No, Member States cannot exempt employers from this requirement.

ECJ ruling:
Yes, Member States can exempt employers in certain circumstances.


legal issue:
Did the French government fail to take action to prevent the obstruction of the free movement of fruit and vegetables?


legal issue:
Should Ladbrokes appeal be accepted over the levy on bets taken on horse races?


legal issue:
Can peppers cut into pieces measuring between 4 and 8 mm in length be classified as crushed or ground peppers according to EU law?

AG position on issue:
Yes, peppers of this specification fit in this classification.

ECJ ruling:
No, these peppers cannot be considered ground or crushed.


legal issue:
Does EU law preclude a tax such as a regional charge on vehicle registration certificates?

AG position on issue:
No, EU law cannot prevent Member States from having this tax.

ECJ ruling:
No, Member States can apply such a charge.


legal issue:
Does a tax on the appreciation in the value of immovable property fall within the scope of EU law?

AG position on issue:
No, this type of tax is outside the realm of EU law.

ECJ ruling:
No, this type of tax is outside the scope of EU directives.


legal issue:
Are charges permissible in the event of an increase in the capital of a capital company by the contribution of immovable property?

AG position on issue:
Yes, charges are allowed in these circumstances.

ECJ ruling:
Yes, these charges are permissible according to EU law.


legal issue:
From what date should the service of workers be counted for the purpose of calculating the additional benefits to which they are entitled?

AG position on issue:
The date should be April 8, 1976, the date of the judgement in Defrenne.

ECJ ruling:
The date should be April 8, 1976, the date of the judgement in Defrenne.


legal issue:
Can states restrict back-dating entitlements to a period of two years prior to the date on which the claim was made?


legal issue:
Did Germany fail to adopt the prescribed laws on the conservation of natural habitats and of wild fauna and flora?


legal issue:
Did Beligum fail to enact the proscribed laws relating to the classification, packaging and labelling of dangerous substances?


legal issue:
Can companies make an agreement detailing in which Member State legal issues will be taken care of?

AG position on issue:
No, private c ompanies cannot determine the jurisidiction of possible cases.

ECJ ruling:
No, contracts of this kind cannot be made.


legal issue:
Can Member States prohibit activity as an intermediary between supply and demand on the employment market?

AG position on issue:
No, Member States cannot prohibit this kind of activity.

ECJ ruling:
No, EU law will does not allow Member States to prohibit this kind of activity.


legal issue:
Does EU law regule the enforceability against 3rd parties of acts done by members of the company where there is conflict of interest?

AG position on issue:
No, EU law does not apply to this situation.

ECJ ruling:
No, EU law does not dictate a system of rules for these circumstances.


legal issue:
Did Italy fail to comply with EU measures for the control of fish diseases and on additives in foodstuffs?


legal issue:
Can time-limits for re-export of goods laid out in Community law be extended?


legal issue:
Did Germany fail to implement legislation coordinating procedures for the ward of public supply contracts?


legal issue:
Can states retain refundable amounts of VAT where there are grounds for presumption of tax evasion or a VAT debt is owed?

ECJ ruling:
Yes, Member States can retain these amounts.


legal issue:
Did Spain fail to adopt provisions concerning direct insurance other than life assurance?


legal issue:
Did Spain fail to adopt other provisions necessary related to direct insurance another than life assurance?


legal issue:
Does the term "data-processing" in EU law gover the processing of images?

AG position on issue:
No, images are not considered "data-processing" according to EU law.

ECJ ruling:
Yes, the processing of images is included in this definition.


legal issue:
Does a subsidy paid to a farmer for the extensification of potato production constitute "consideration for a supply of goods and services" under EU la

ECJ ruling:
No, this type of subsidy does not fit that definition.


legal issue:
Is a substance "waste" if it directly or indirectly forms an integral part of an industrial production process?

AG position on issue:
Yes, the process it is involved in is irrelevant.

ECJ ruling:
Yes, these substances are considered waste regardless of process involved.


legal issue:
Can a state adopt new measures during the period laid down for a Directive s implemenation that would compromise the result prescribed?

ECJ ruling:
No, Member States cannot make contrary measures during the period.


legal issue:
Does a vehicle is imported into a Member States directly from a non-member country able to be taxed under EU Treaty Article 95?

AG position on issue:
Yes, Member States can inact certain provisions based on Article 95.

ECJ ruling:
No, Member States cannot use Article 95 as a justification to tax non-member state vehicles heavily.


legal issue:
Is national legislation imposing restrictions on property in order to protect the environment or culture hertiage against EU law?

AG position on issue:
The Court does not have the jurisdiction to answer this question.

ECJ ruling:
The Court does not have the jurisdiction to answer this question.


legal issue:
Did Belgium fail to fulfill its obligations on the appoximation of laws, regulations, and administrative provisions related to construction products?


legal issue:
Do Member States have to take into account the dominant position company in relation to other companies in the group?


legal issue:
Must an "European Economic Interest Grouping" include this title or the initials EEIG in their business name?

AG position on issue:
Yes, either the title or initials must preceed or follow the name of such a grouping.


legal issue:
Does the German quota allocated to a milk producer expand when a German milk producer owns land in other EU member states?


legal issue:
Did the Commission fail to compensate a software contractor for work performed?


legal issue:
Does the fact that there is a legal obligation to incorporate the charge for dock fees in the cost price automatically lead to the conclusion that the entire charge has been passed on to another party?

AG position on issue:
The fact that a charge levied in breach of Community law has been passed on to third parties that have purchased the goods does not extinguish the right of the individual to reimbursement of the sums unduly levied by the authorities.

ECJ ruling:
The fact that there is a legal obligation to incorporate the charge in the cost price does not mean that there is a presumption that the entire charge has been passed on, even where failure to comply with that obligation carries a penalty.


legal issue:
If the charge has been passed on to the final purchaser, are there conditions under which the trader may still make a claim for reimbursement of the charge?

ECJ ruling:
Domestic law permmits the trader to claim that the illegla levying of the charge has caused him damage which excludes, in whole or in party, any unjust enrichment.


legal issue:
Does Art 8(2)(b) of Reg 926/80 apply in cases where the exported product had previously been imported within the six months preceding its exportation?

AG position on issue:
Art 8(2)(b) of reg 926/80 must be interpreted as precluding exemption from the requirement to pay a monetary compensatory amount on export frm being granted under the regulation only where the exported goods have previously been imported into the same Sta

ECJ ruling:
The Article on exemption from the application of monetary compensatory amounts in certain cases is to be interpreted as applying also where the exported product had previously been imported within the six months preceding its exportation.


legal issue:
Where the basic patent and authorization are held by different persons and the patent holder is unable to provide a copy of that authorization, should an application for a certificate be refused on those grounds alone?

AG position on issue:
The competent authority shall deem the Article to have been complied with if the applicant provides information from a reliable source which is specified in that provision.

ECJ ruling:
An application for a certificate must not be refused on those grounds alone.


legal issue:
Should IDE be ordered to repay the Commission?

AG position on issue:
IDE is ordered to pay to the Commission the sum of ECU 305 981, together with interest at 7.97% per annum from one month following the date on which the Commission requested reimbursement of the sums already paid.

ECJ ruling:
IDE is ordered to repay the Commission ECU 533 456, together with interest at 7.97% per annum as from 29 July 1994.


legal issue:
Does lack of repsonse to a commercial letter of confirmation constitute tacit consent to a jurisdiction clause contained within that letter?

AG position on issue:
A jurisdiction clause may be regarded as having been validly conlcuded by reason of silence of one party with regard to a commerical letter of  confirmation cotaining a pre-printed reference to the courts having jurisdiction or by reason of that party's h

ECJ ruling:
A jurisdiction clause may be regarded as having been validly conlcuded by reason of silence of one party with regard to a commerical letter of  confirmation cotaining a pre-printed reference to the courts having jurisdiction or by reason of that party's h


legal issue:
Do measures prohibiting the marketing of bread with a moisture content exceeding 34% or an ash content lower than 1.40% or containing bran constitute measures having an equivalent effect to a quantitative restriction?

AG position on issue:
The application of national legislation of a MS which prohibits deep-frozen special wholemeal bread with a moisture content in excess of the statutory limit constitutes a measure having equivalent effect.

ECJ ruling:
The application to products lawfully manufactured and marketed in other MS of such national legislation constitutes ameasure having an effect equivalent to a quantitative restrcition.


legal issue:
Is the national court under an obligation to give fulle ffect to Art 30 of the Treaty by disapplying on its own initiative domestic legislation conflicting with that provision?

AG position on issue:
The judicial authorities of the MS are under an obligation to refuse to apply domestic provisions which are inconsistent with Community law, in particular Art 30 of the Treaty.

ECJ ruling:
The national cour is  under an obligation to give full effect to Art 30 of the Treaty by disapplying on its own initiative domestic legislation conflicting with that provision.


legal issue:
Does Art 3 of Dir 83/182 have direct effect?

AG position on issue:
Article 3 of the Directive establishes an actual personal right to obtain exemption and may therefore be relied upon directly b an individual who satisfies the prescribed requirements.


legal issue:
Can such mandatory agreements be justified by reasons relating to the general interest in maintaining industrial peace?


legal issue:
May the Spouse of a national of a MS in which the spouse lives and in which the spouse who is a national is employed also rely on the right under Art 11 of Reg 1612/68 on freedom of movement for workers within the Community?

AG position on issue:
Art 11 of Reg 14612/68 should be interpreted as meaning that where the spouse of a community worker is a national of a third country, the said spouse can rely on this provision only where the Community worker is pursuing an activity in a MS other than tha

ECJ ruling:
A national of a non-member country married to a worker having the nationality of a MS cannot rely on the right conferred by Art 11 of Reg 1612/68 on freedom of movement when that worker has never exercised the right to freedom of movement.


legal issue:
Does a national of a MS who has been refused entry into another MS for reasons of public order enjoy the right of appeal under Art 8 of the Dir and the right to obtain an opinion of an independent authority under Art 9?

AG position on issue:
A Community national who has been refused entry or expelled from a MS on ground of publicy security may challenge such decisions by means of the remedies provided in Art 8 and may rely on Art 9 of said directive.

ECJ ruling:
A national of a MS against whom an initial decision refusing entry into another MS has been made on grounds of public order has a right to appeal under Art 8 of the directive and the right to obtain and independent opinion under Art 9.


legal issue:
Does the derogation provided for in the second paragraph of Art 11C(1) of Dir 77/388 authorize an MS to refuse refund of VAT where the unpaid consideration is in kind, when it permits a refund where the consideration is expressed in money?

AG position on issue:
The second sentence of Art 11C(1) must be interpreted as meanig that it does not authorize a MS to exclude the possibility of tax relief in respect of bad debts arising from barter when it does allow the possibility of tax relief for debts arising from sa

ECJ ruling:
On a proper construction, the derogation does not authorize an MS to enact such a provision.


legal issue:
Did France fail to fulfil its obligations under the Treaty by maintaining in force an administrative provision extending to the letting of certain forms of movable property the exemption from VAT which is restricted exclusively to the letting of immovable


legal issue:
May an MS require a credit institution already authorized in another MS to obtain an authorization in order to be able to grant a mortgage loan to a person resident within its territory?

AG position on issue:
The provisions of Arts 59 and 67 of the EEC Treaty must be construed as precluding national legislation in an MS under which a bank established in another MS is allowed to grant creidt and loans to borrowers in the MS only if it has obtained prior authori

ECJ ruling:
Regs and admin provisions relating to the taking up and pursuit of the business of credit institutions must be construed as precluding an MS from requiring such an authorization.


legal issue:
May a national court prohibit a patent infringer from markeint a product for a period of 14 months, where that period exceeds the max period authorized under Art 7 of Dir 65/65?

AG position on issue:
Such prohibitions are justified, notwithstanding that that period exceeds the period specified in Dir 65/65 for the authorization of medicinal products.

ECJ ruling:
Yes, where such a period corresponds to the actual average duration of such a procedure in the MS concerned.


legal issue:
Is such a provision justified under Art 36 of the Treaty?


legal issue:
Are Art 9(2) to (4) of Reg 3887/92 invalid, wholly or in part, by reason of breach of any principle of Community law, particularly legal certainty, non-discrimination and/or proportionality?

AG position on issue:
The claim that the principle of proportionality has been infringed should be upheld and the second paragraph of Art 9(2) of the Reg should be declared invalid.

ECJ ruling:
Consideration of Art 9(2) to (4) has disclosed no factors of such a kind as to affect its validity in the ight of the principles of proportionality, legal certainty and non-discrimination.


legal issue:
Can a benefit such as the one at issue in the present case be classified as a social advantage within the meaning of Art 7(2) of Reg 1612/68 on the freedom of movement for workers within the Community?


legal issue:
Does Art 10©, in conjuction with Art 12(1)(e) of Dir 69/335 confer rights on which individuals can rely before the national courts?


legal issue:
Did Italy fail to fulfil its obligations under the Directive by not adopting, within the period described by the Directive, the laws, regulations and administrative provisions necessary in order to comply with it?

AG position on issue:
Italy has failed to fulfil its obligation.

ECJ ruling:
Since there was no cogent and detailed exposition of the considerations which led the Commission to take this view, with regard to the period before the Convention had been denounced, the first complain must be rejected as inadmissible.


legal issue:
Is the notification referred to in Art2(1) of the Dir binding on the employer until such time as he has proved that it was incorrect?

AG position on issue:
The notification, although not the source of contractual obligations, constitutes evidence to be assessed within the limits and subject to the rules of procedure of the national legal system.

ECJ ruling:
The notification enjoys the same presumption as to its correctness as would attach, in domestic law, to any similar document drawn up by the employer and communicated to the employee. The employer must none the less be allowed to bring any evidence to the


legal issue:
May individuals rely on Art 2(2)c of Dir 91/833 before the national courts?

AG position on issue:
The Art has had direct effect as of 1 July 1993. Following the transposition into national law, that article may be relied on in proceedings before the national courts where the directive has not been corretly transposed into national law.

ECJ ruling:
They may rely on the Article before the national court as before the State and any organizations or bodies which are subject to the authority or control of the state or have special pwers beyond those which result from the normal rules applicable to relat


legal issue:
What effect does the principle of proportionality have in the present case?

AG position on issue:
VAT retention measures must not go beyond what is strcitly necessary to protect the fiscal interests of the MS in ensuring the effective collection of VAT.

ECJ ruling:
The principle of proportionality is applicable, in that, if the measures adopted went further than was necessary in order to attain their objective, they would undermine the principles of the common system of VAT. It is for the naitonal court to examine w


legal issue:
Does Art 59 of the Treaty cover the situation of a company provides services to residents who, for that purpose, reside in those homes permanently or for an indefinite period?

AG position on issue:
The applicants in the main proceedings are not entitled to rely upon the Treaty provision on the freedom to provide services.

ECJ ruling:
The Article does not cover such a situation.


legal issue:
Do Arts 85 and 86 apply to national rules which allow only non-profit-making private operations to participate in the running of a social welfare system?

AG position on issue:
The circumstances described in the fifth question do not amount to a breach of the Treaty.


legal issue:
Do the charges at issue in case 347/95 constitute discriminatory internal taxation prohibited by Art 95 of the Treaty?

AG position on issue:
It is for the national court to determine whether the total amount of the charge imposed, etc. In effecting the determination the court with have to accout for the fact that the proceeds of the charge are specifically intended to combat disease of livesto

ECJ ruling:
The national court must make this determination, considering the uses to which the revenue is put and whether those uses benefit only domestic production.


legal issue:
Do the charges at issue in case 28/96 constitute discriminatory internal taxation prohibited by Art 95 of the Treaty?


legal issue:
Was the Greek system of flat-rate added special duty contained in Art 3 of Law 363/1976 in violation of Art 95 of the EEC Treaty?

AG position on issue:
The application should be declared inadmissible.


legal issue:
How must article 12( c) of Reg No 857/84 and of Article 3a of that regulation, in so far as those provisions require actual resumption of production by the person concerned, be interpretted?

AG position on issue:
An answer to this question is not necessary given the terms of the case at hand.

ECJ ruling:
Article 12 (c ) of Reg No 857/84 must be interpreted as requiring in principle actual resumption of production by the person concerned.


legal issue:
Whether Article 119 of the Treaty requires that widowers discriminated against in breach of that provision be awarded a pension or other survivor's benefit under the same conditions as widows?

AG position on issue:
The widower is entitled to pension and other survivor's benefits under the same conditions as those laid down for widows.

ECJ ruling:
Article 119 of the Treaty requires that widowers discriminated against in breach of that provision be awarded a pension or other survivor's benefit under the same conditions as widows.


legal issue:
Have the considerations disclosed any factor to affect the validity of Council Reg(EEC) No 3677/86 of 24 November 1986?

ECJ ruling:
Council Reg No 3677/86 laying down provisions for implementation of Reg (EEC) No 1999/85 on inward processing relief arrangements has not, in light of the order of reference disclosed any factor of such a kind as to affect its validity.


# Observations

legal issue:
Should a veterinarian be taxed according to where services are provided (Beligium) or where the business is established (The Netherlands)?


legal issue:
Does Article 1(1) apply to a situation in which a person entrusted with cleaning of his premises to a first undertaking terminates his contract and enters a new contract with a second undertaking?


legal issue:
Is a benficiary of unemployment benefits in one state owed further benefits in a new state of residence, if those benefits would have been accrued if the worker had resided in the latter state for the entire period?

observer's position on legal issue:
Freedom of movement Community law does not apply


legal issue:
Can a dominant position within the common market exist where a limited company, set up by a national port authority, is given responsibility for anti-pollution services?


legal issue:
Does Community law require the competent authority to revoke a decision granting unlawful aid, even if the authority has allowed the time limit under national law to elapse?


legal issue:
Does Community law require repayment even does so appears to be a breach of good faith?


legal issue:
Does Community law require repayment even if the gain no longer exists?


legal issue:
Should the Commission communication on a market for pension funds be annuled?


legal issue:
Is a trademark law that prohibits importation of a product protected by the mark where the product has been produced in a non-member state, imported into state B, exported into state A, and the mark is owned by the same group legal under EU law?


legal issue:
Does a packaging label requirement that indicates environmental impact and environmental tax constitute a technical specification and therefore require prior approval by the Commission before national implementation?


legal issue:
Did Community regulations that permanently reduced milk quotas by 4.5% violate Community law?


legal issue:
Does a requirement to have slaughterhouses inspected by veterinary surgeons for health reasons violate the principle of proportionality?


legal issue:
Is it contrary to proportionality or EU law to have the costs of inspection borne by the slaughterhouse?


legal issue:
Does the German law against the importation of frozen mechanically recovered meat act as a quatitative restriction to trade?


legal issue:
Does EU law preclude mandatory frontier inspections?


legal issue:
Does Eu law preclude spot frontier inspections?


legal issue:
Is the establishment of societes en participation sufficient for transfering milk quotas from one producer to another under EU law?


legal issue:
Does the principle of the protection of legitimate expectations allow the plaintiff grounds for appeal?


legal issue:
Is the pension fund scheme covered by Article 119 that protects rights of equal pay?


legal issue:
Does the plaintiffs case violate the time limit over when cases can be brought that was set in the Barber case?


legal issue:
Can esterified potato starch in excess of .5 percent acetyl by weight be classified with starches under .5 percent based on other criteria for the purposes of assessing tariffs?


legal issue:
Does a Council directive on the safeguarding of employee rights in the event of a transfer of an undertakings be relied upon even before the directive took effect?


legal issue:
Must a Turkish immigrant worker actually live with the resident worker and spouse for three years in order to have rights to residence themselves?

observer's position on legal issue:
yes, except under exceptional circumstances


legal issue:
Does the UK owe Mrs Sutton interest on the payment of arrears for discrimination based on sex?


legal issue:
Can state law require finding fault in a sex discrimination case?


legal issue:
Can state law set a ceiling on compensatory damages in sex discrimination cases that it does not in other types of cases assuming the complaintant would have won the position?


legal issue:
Can state law place a ceiling of six months salary to damages for a sex discrimination case where several persons claim damages?


legal issue:
Can the provisional validity of arestrictive agreement end before the Commission has taken action if th Commission was properly notified?


legal issue:
Does the provisional validity of an old agreement notified in good time to the Commission continue to exist when terms are amended?

observer's position on legal issue:
yes, as long as it does not become a substantively new agreement


legal issue:
Can a proprietor of a trade mark rely upon Article 7(2) of Directive 89/104 to oppose use of the trade mark?


legal issue:
Are Mr. Snares DLA disability benefits subject to a residency requirement?


legal issue:
Is the Council regulation that sets this requirement made within the powers granted by the Treaty of Rome?


legal issue:
Should transport costs be allocated on a pr rata basis, having regard to the distances covered?


legal issue:
Can member states introduce a register used to discriminate among farmers who are and are not natural persons for the purposes of the modernization of farms directive?


legal issue:
Can the supplements in the case be classified as pharmaceutical products for tariff purposes?


legal issue:
Does a regulation requiring collection of unpaid duties within a three year period if they are to be collected at all apply before the regulation came into force?


legal issue:
Are the Sabel and Puma trade marks sufficiently similar to violate trade mark law?


legal issue:
May a third party remove and replace a trademark label if it does not affect theoriginal condition of the product?


legal issue:
Are Community measures that allow the temporary continuation of duty free sales within intra-Community trade invalid?


legal issue:
Is a rule that requires the promotion of a woman if there are fewer women than men in the higher post and the woman is equally qualified as the man consistent with Community non-discrimination rules?


legal issue:
Should compulsory military service be considered periods of paid work for purposes of calculating social security benefits?


legal issue:
Is the Commission regulation concerning agricultural conversion rates valid?


legal issue:
Can garments that are meant to be worn primarily as nightdresses be catagorized as nightdresses?


legal issue:
Can foreign language nationals be excluded from temporary teaching posts?


legal issue:
Does a member state have discretion in establishing production regions?


legal issue:
Is a member state entitled to establish the whole territory of a specific regional base area as a production region?


legal issue:
Is the Council Regulation No 404/93 with regards to the market in bananas invalid?


legal issue:
Is Commission Regulation No 1442/93 laying down detailed rules for imprting bananas invalid?


legal issue:
Is the Swedish levy prior to accession invalid?


legal issue:
Does the Compensatoin Rules for Workers Leaving Farming fall under Council Regulation No 1408/71?


legal issue:
Can application of Compensation Rules for Workers Leaving Farming discriminate based on nationality?


legal issue:
Does German law indirectly discriminate against women in regards to pay?

observer's position on legal issue:
there is no automatic link between length of servi


observer's position on legal issue:
There is no automatic link between length of servi


legal issue:
Is it discriminatory against women not to count part time work when figuring length of service for job promotion?


legal issue:
Can national limitation periods for repayment of duties levied contrary to EC law start from before the illegal duties were ceased?


legal issue:
Is it the gaurantee instiution of the state where an insolvent company is established that must pay employees outstanding claims?

observer's position on legal issue:
It is the state where the company is established.


observer's position on legal issue:
It is the state where the company is established


observer's position on legal issue:
it is the state where the employee resides.


legal issue:
Can citizens of other member states, residents or not,  be forced to provide security for the cost of legal precedings in Austria?

observer's position on legal issue:
The Austrian law is in compliance with community l


observer's position on legal issue:
the case should be placed in the context of the pr


legal issue:
Must a disputed customs decision be suspended if there is a risk of irreparable damage to the person concerned?

observer's position on legal issue:
It is uncertain whether the ECJ has jurisdiciton.


legal issue:
Is the Portuguese stamp duty on works contracts considered a turnover tax and against EU law?

observer's position on legal issue:
the stamp duty is imposed on the act or contract,


observer's position on legal issue:
the stamp duty is applied only to part of the prod


legal issue:
Can a credit note be regarded as an invoice?

observer's position on legal issue:
credit notes are often the best way to account for


observer's position on legal issue:
credit notes are often the best way to ccount for


legal issue:
If someone does not contest the amount of VAT in a credit note, are they liable for the amount stated?

observer's position on legal issue:
the answer must be the same for credit notes as re


observer's position on legal issue:
the credit notes must be treated like invoices, so


observer's position on legal issue:
The credit notes must be treated like invoices, so


legal issue:
Is Germanys method of determining the price of duties on goods temporarily exported fair?


legal issue:
Can a state lower social security benefits to employed people and their families based on benefits received from another state?


legal issue:
Should the Commission Regulation reducing the regional compensation amounts for seed produced in Portugal be annulled?

observer's position on legal issue:
The council supports the commissions regulation.


legal issue:
Are farmers who voluntarily stopped producing milk then eligible to claim discontinuation compensation?

observer's position on legal issue:
Only people actually farming and selling milk are


legal issue:
Has Netherlands failed in its obligations by granting exclusive import rights for public electricity to one company?

observer's position on legal issue:
supports the commission in its complaint


legal issue:
Has Italy failed in its obligations by granting exclusive rights to import and export electricity?

observer's position on legal issue:
supports the Commission in its complaint.


legal issue:
Has France failed in its obligations by granting exclusive import and export rights for elecricity and gas?


legal issue:
Has Spain failed in its obligations by reserving import and export rights for electricity for itself?

observer's position on legal issue:
Supports the Commission in its complaint.


legal issue:
Must a state decline jurisdiction on a case if the exact same case was brought before another state prior to the Brussels Convention?

observer's position on legal issue:
The UK court should have jurisdiction because Arti


observer's position on legal issue:
The UK court should have jurisdiction because arti


legal issue:
Does the term areas under forage refer only to the area used by an indiviual milk farmer instead of the entire holding?

observer's position on legal issue:
It is impossible to verify what parts of a holding


observer's position on legal issue:
The use of the land is irrelevant, although the si


observer's position on legal issue:
The use of the land is irrelevant, the important p


legal issue:
Can state recognition of water as natural mineral water be dependent upon the water having favorable health properties?

observer's position on legal issue:
only beneficial water is considered mineral


observer's position on legal issue:
water does not always need to have favorable healt


legal issue:
Do anti-dumping duty on specific Yugoslav imports apply to Macedonia now that its independent?

observer's position on legal issue:
yes.  The effect is the same-- the measures are st


legal issue:
Can the importation of Japanese fish products be banned due to commission decisions if upon inspection in the country of importation no health risks a

observer's position on legal issue:
yes.  A general ban on importation of Japanese fis


observer's position on legal issue:
yes, because the Netherlands was safeguarding the


legal issue:
Is Swedish law that only allows certain people to import alcohol illegal under article 30?


legal issue:
Is the Swedish monopoly on alchoholic beverage import and sales illegal under article 37?

observer's position on legal issue:
the swedish system is justified because its focus


observer's position on legal issue:
the swedish system seeks to protect public health


legal issue:
Should the country of services supplied be considered the state of a businesses establishment rather than the state of the business transaction to det

observer's position on legal issue:
In the case of leasing cars the VAT taxes should b


observer's position on legal issue:
The supplier should pay its taxes to the country o


observer's position on legal issue:
The Netherland are too connected to the dispute to


observer's position on legal issue:
VAT should be imposed at the place of consumption


observer's position on legal issue:
fixed establishment is not merely a physical conce


legal issue:
Is it legal for proof for the criminal proceedings be confined only to transit documents?


observer's position on legal issue:
This question has already been answered, and yes.


observer's position on legal issue:
the answer has already been provided, and yes.


legal issue:
Can proof from a member states competent authorities be used in criminal cases under Community transit procedure?

observer's position on legal issue:
the member state of departure is responsible for i


legal issue:
Can a member state levy import surcharges for goods shipped into harbors from other member states?


legal issue:
Are regulations passed by the council and commission on structural improvements of inland waterway transport valid, within bounds of the treaty?


legal issue:
Are free rides to work in company owned cars that serve no other purpose taxable for serving the staffs private use?

observer's position on legal issue:
This is a special case and should not be taxed, si


observer's position on legal issue:
This is a special circumstance that should not be


legal issue:
Should the Parliament decision on a community system of information on accidents be annulled for not following co-decision precedure?


legal issue:
Does community law preclude a member state from requiring action for reparation of the loss sustained as a result of belated transposition of a direct

observer's position on legal issue:
Limitation periods are necessary and she should ha


observer's position on legal issue:
The steps taken to comply with the directive pursu


legal issue:
Is a person regarded as a consumer if they purchased goods with the intent of using them in trade/business transactions but has not yet done so?

observer's position on legal issue:
the term consumer does not apply to anyone who has


legal issue:
Does the ECJ have jurisdictionn under Article 177 to interpret community law if, though technically ungoverned directly by it, a national legislature

observer's position on legal issue:
the court has no jurisdiction to reply to question


observer's position on legal issue:
the court does not have jurisdiction to reply to q


legal issue:
Is failure to use a courtesy title during criminal proceedings considered discrimination?

observer's position on legal issue:
Issues of criminal law are not community matters,


legal issue:
Can authorities reject very low contracting bids without following the EU verification procedure?

observer's position on legal issue:
There is no need to reply to the question because


observer's position on legal issue:
The member states were not given a time limit for


legal issue:
Can an insurance company apply new rules on its own if it hurts the consumer who was awarded an invalidity pension?

observer's position on legal issue:
The company must apply new regulations as they com


observer's position on legal issue:
Institutions cannot decide on their own to change


legal issue:
Should pensions from state govt. be calculated according to actual contributions by the insured if s/he was a migrant worker?

observer's position on legal issue:
Acutal payments should be the sole thing considere


observer's position on legal issue:
The rights of migrant workers must be protected by


legal issue:
Is a national law allowing a patent holder to oppose another person from applying for the rights to produce pharmaceuticals under the patent before it

observer's position on legal issue:
Article 30 has no application here and so the law


observer's position on legal issue:
Yes, it does fall within the scope of article 30.


observer's position on legal issue:
yes, it falls within the scope of article 30.


legal issue:
Must a state issue export refunds for milk products contained in products with a base of coffee, as well as coffee extracts and concentrates under art

observer's position on legal issue:
no, because the value of milk products is signific


observer's position on legal issue:
no, because the value of milk products in stuff ma


legal issue:
Is the CCC applicable to demands for repayment of export funds?

observer's position on legal issue:
no, only in the context of export duties and impor


legal issue:
May a national court suspend implementation of a national administrative decision based on a community rule?

observer's position on legal issue:
Yes, if there is doubt to the validity of the rele


legal issue:
Can a national court which has referred a question to the ECJ of a community laws validity still grant leave to appeal against its decision ordering s

observer's position on legal issue:
yes.  The court would not be failing in its duties


legal issue:
Can a state take action against television advertisers from another member state for misleading advertising?

observer's position on legal issue:
The directive only covers actions of the broadcast


observer's position on legal issue:
The directive only covers action of broadcasters,


observer's position on legal issue:
The directive only covers broadcasters, so states


observer's position on legal issue:
The directive does not apply to advertisements aim


legal issue:
Can a state take action against advertising aimed at children under 12 when broadcast from a different member state?

observer's position on legal issue:
think that there must be a middle ground from bann


observer's position on legal issue:
Such restrictions on transmission protect children


observer's position on legal issue:
Such laws are protective measures for children and


observer's position on legal issue:
Such measures protect children and so should be al


observer's position on legal issue:
Such measures are protective towards children so s


legal issue:
Should farmer be refused any area-linked aid when inadvertantly declaring more land than they own on aid applications?


legal issue:
Is the plaintiff considered part of the German labour force despite original intentions to return to Turkey?

observer's position on legal issue:
He cannot be considered a registered member of the


observer's position on legal issue:
He cannot be considered a part of the German labou


legal issue:
Does the plaintiff forfeit his right to extend his residence by initially accepting restrictions on his permit?

observer's position on legal issue:
An abuse of the system took place because the plai


observer's position on legal issue:
The plaintiff deceived Germany into giving him res


observer's position on legal issue:
It can NOT be proved that the paintiff was deceivi


legal issue:
Does onset of the employers insolvency corresponds to the date of request that proceedings be opened, or to the date of the decision to open them?

observer's position on legal issue:
The date that the employer is deemed insolvent.


legal issue:
May a member state set a ceiling to the reparation payable to a citizen where a directive has been belatedly transposed into national law?


legal issue:
Does the last three months mean the last three CALENDAR months, or the time period of three months preceding termination of employment?


legal issue:
Can the state bodies that review award procedures for public contracts also review awarding of public service contracts?

observer's position on legal issue:
The body does constitute a real court/tribunal.  T


observer's position on legal issue:
the question is clearly and completely inadmissibl


legal issue:
Do doctors who satisified national requirements but were not employed before the application of community law have the right to practice general medic


legal issue:
Must foodstuffs specify either a producer or packager from inside the EC if the seller is not?

observer's position on legal issue:
if the seller is not from the EC, then the package


observer's position on legal issue:
The packaging must specify a producer or packager


observer's position on legal issue:
The consumer must be able to easily identify the p


legal issue:
Can a member state levy a surcharge on general goods duties on imports by ship from other member states?


legal issue:
Can reparations to someone for losses incurred due to the belated transposition of EC directives be lower than the amount the individual would have re

observer's position on legal issue:
the directive provides a minimum protection.


observer's position on legal issue:
the directive provides a minimum protection for em


observer's position on legal issue:
states must apply retroactive reparations for bela


legal issue:
Is an exporting country liable to pay the importation duties of goods whose EUR.1 forms were improperly filled out, causing cancellation of the EUR.1?

observer's position on legal issue:
The question is inadmissible to the court because


observer's position on legal issue:
The question is inadmissable, and the CCC only app


legal issue:
Should an importer have to pay customs duties on goods when it is the exporter who has committed an offense?

observer's position on legal issue:
yes, it is a fair balance for the importer in good


legal issue:
Can a state collect duty on importations when the EUR.1 certificate is cancelled even if the reason for cancellation is unknown?


legal issue:
Do short inturruptions in the legal residence of Turkish workers in between permits negatively effect his rights?

observer's position on legal issue:
there is no need to answer this question due to th


observer's position on legal issue:
There should be no consequences of such lapse peri


legal issue:
Are Turkish specialist chefs also considered part of the registered labour force if their residence was time limited from the onset?

observer's position on legal issue:
The plaintiff cannot be considered part of the reg


observer's position on legal issue:
Specialist chefs occupation is not distinct from o


legal issue:
Can Germany issue residence permits that restrict holders from their original rights?

observer's position on legal issue:
Yes, Germany can issue permits that preclude the a


observer's position on legal issue:
No, Germany cannot issue permits that restrict peo


legal issue:
Can a member state test wine produced in conformity with Community rules in another member state?


legal issue:
Is the use of the magnetic-resonance test in order to determine the fitness of wine for human consumption compatible with Community  law?


observer's position on legal issue:
Yes, this would not be contrary to treaty.


legal issue:
Can certain separate units of electrical apparatus be classified under one Common Customs Tariff?

observer's position on legal issue:
No dual tariff classification should be retained.


legal issue:
Can a supplementary protection certificate for medicinal purposes only be granted if the product has been authorized as a medicinal product?


legal issue:
Is an EC Regulation invalid in so far as it requires member states to collect from every undertaking a detailed declaration?


legal issue:
Is an orphan entitled to an extension of orphan benefits to compensate for previously missed benefits?

observer's position on legal issue:
Yes, denial of benefit would be discrimination


legal issue:
Can a state that is not the member state having jurisdiction of a broadcaster oppose the retransmission of broadcasts that do not comply with treaty?


legal issue:
Is origin of programs relevant in determining if a TV broadcaster comes under the jurisdiction of a Member State?


legal issue:
Does an EC directive on the common system for value added tax include arbitral services provided by practicing lawyers?


legal issue:
Can cheese an exporter describes as "grated cheese" that has broken down into irregular granules after unpacking still be classified as grated cheese?


legal issue:
Do exemptions to the turn-over tax depend on whether the service is provided by an institution that has a legal relationship with the end customer?


legal issue:
Do exemptions from a turnover tax include transactions carried out by a data handling center?


legal issue:
Can a product that was exported from the former German Democratic Republic qualify for export refunds?


legal issue:
Can a company deduct previous losses from its tax liability even if the losses are from a parent company located in another state?

observer's position on legal issue:
yes; conditions discriminate against permanent es


observer's position on legal issue:
No; no difference in treatment between the br


observer's position on legal issue:
No, the same laws regarding accounts of taxes that


legal issue:
Is an EEC regulation imposing an anti-dumping duty on imports of potassium permanganate from China valid?


legal issue:
Can a member state refuse to give family benefits to an employed person whose children reside in another member state?


legal issue:
In case 28/95, was a charge levied without distinction on domestic and imported products a measure having equivalent effect to a customs duty?


legal issue:
Can the period a Turkish worker worked in a member state be considered legal employment if he obtained his residence permit through false declaration?


legal issue:
Are all of the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms part of the Community Law?


legal issue:
Can a member state regulate the use of geographical labels if it could discriminate against the products of another member state?


legal issue:
Can a member state define a geographical area for the purposes of labeling goods being marketed in France without discriminating by country of origin?


legal issue:
Must a member state  consider the period during which a worker applying for invalidity pension drew unemployment benefit in another state?


legal issue:
Can a state make a certificate attesting to conformity with national criteria a requirement for a company to register motor vehicles?


legal issue:
In case 347/95, was a charge levied without distinction on domestic and imported products a measure having equivalent effect to a customs duty?


legal issue:
Can a state prohibit distribution of a publication produced in another State that contains prizes illegal in the 1st state?

observer's position on legal issue:
This is a measure having to do with selling arrang


observer's position on legal issue:
No, the prize competitions are integral to the pub


observer's position on legal issue:
No, the competitions are integral to the publicati


observer's position on legal issue:
No, the state could adopt measures less restrictiv


observer's position on legal issue:
No, the state could adopt less restrictivemeasures


legal issue:
In order for a tax to be characterized as a turnover tax, must national legislation expressly provide that it may be passed on to the consumer?


observer's position on legal issue:
No,the fact that a national law does not expressly


legal issue:
In order for a tax to be characterized as a turnover tax, is it necessary for the passing on of the tax to the consumer to be recorded in an invoice?


legal issue:
May an individual obtain tax exemption for more than one vehicle temporarily imported into a member state other than the one in which he resides?

observer's position on legal issue:
Article 3 of the Directive does not restrict the n


legal issue:
Is the system of penalties in Greek law compatible with Community law?

observer's position on legal issue:
Tax evasion can be limited by less coercive measur


legal issue:
Do Greek laws that order a legal relationship b/w tourist agencies and government contradict an EC article that protects workers from other states?


legal issue:
Does EC Treaty preclude a woman from being dismissed as a result of absence subsequent to her maternity leave?

observer's position on legal issue:
No, as long as maternity leave period is sufficien


observer's position on legal issue:
No, member states are not obliged to give women ex


observer's position on legal issue:
No, unless dismissal is based entirely or in part


legal issue:
Can Echinacea drops be classified as a medication consisting of unmixed products for therapeutic use?

observer's position on legal issue:
No, the product is not used for the treatment or p


legal issue:
Does EC law allow national courts not to enforce a selective distribution system for motor vehicles against third parties?


legal issue:
Which state has jurisdiction over a broadcaster established in more than one member state?

observer's position on legal issue:
The state in which central offices are located


observer's position on legal issue:
It should be the state where it is broadcasting


legal issue:
Does article 27 allow the German government to charge tax based on cost of supply when there is a personal relationship?

observer's position on legal issue:
Community lawshould not force the Council to publi


observer's position on legal issue:
Article 27 does not allow derogations in order to


legal issue:
Are  legal remedies available  to nationals of a member state also available in cases concerning entry of nationals of other member states?


legal issue:
Does Community law lay down conditions concerning the statement of reasons for national rules of general scope which fall within the sphere of Communi

observation source:
Federation des Maisons de Repos Privees de Belgique


legal issue:
Must a payment increase be applied whenever it is agreed that the price for imported goods is payable on a date more than 30 days after their arrival


legal issue:
Does EU law regule the enforceability against 3rd parties of acts done by members of the company where there is conflict of interest?

observer's position on legal issue:
No, EU law does not apply to this situation, but l


legal issue:
Can companies make an agreement detailing in which Member State legal issues will be taken care of?

observer's position on legal issue:
No, contracts of this kind cannot be made.


legal issue:
Does the prohibition of releasing funds fall under the scope of EU Common Commerical Policy?

observer's position on legal issue:
No, this release of funds is outside the scope of


observer's position on legal issue:
Yes, the UK restrictions are under the competence


observer's position on legal issue:
Yes, EU CCP scope includes the prohibition of rele


observer's position on legal issue:
Yes, the CCPs scope covers the prohibition of the


observer's position on legal issue:
Yes, the prohibition of fund release falls under t


legal issue:
Can a violation of Article 113 (CCP) be justifed under Article 234?

observer's position on legal issue:
Article 234 allows a Member State to act in violat


observer's position on legal issue:
A State can violate CCP if Article 234 obligations


observer's position on legal issue:
Only in unspecified circumstances can a Member Sta


legal issue:
Can a trader who is not an approved reseller undertake parallel imports and act as an independent reseller of new vehicles of that make?


legal issue:
Is a substance "waste" if it directly or indirectly forms an integral part of an industrial production process?

observer's position on legal issue:
Yes, these substances are considered waste regardl


legal issue:
Can a state adopt new measures during the period laid down for a Directive s implemenation that would compromise the result prescribed?

observer's position on legal issue:
Yes, Member States can pass any kinds of laws duri


legal issue:
Do Articles 48, 52, and 59 apply to a situation confined completely within one single Member State?

observer's position on legal issue:
No, the Articles do not apply to a purely internal


observer's position on legal issue:
No, these Articles are not applicable when the sit


observer's position on legal issue:
No, the Articles are inapplicable to a situation c


legal issue:
Can a Member State set differing early retirement contributions for males and females?

observer's position on legal issue:
No, females are entitled to the same early retirem


legal issue:
Can peppers cut into pieces measuring between 4 and 8 mm in length be classified as crushed or ground peppers according to EU law?

observer's position on legal issue:
Yes, these peppers can be considered ground or cru


legal issue:
Does Regulation 926/80 allow exemptions from MCAs if the goods are both imported and exported by the same trader within the 6th month period?

observer's position on legal issue:
The advantage consisting of the grant of an MCA on import is offset by the disadvantage represented by the obligation to pay an equivalent MCA on the export of the same product.


legal issue:
Does a foreign worker lose his right to a residence permit if he voluntarily terminates his employment to seek another job?

observer's position on legal issue:
Yes, Community law does not grant full freedom of


observer's position on legal issue:
No, a worker must be entitled to find a new job if


legal issue:
Does Reg No 990/93 apply when a vessel has not actually entered prohibited territory but this is sufficient reason to believe it is headed on that cou


observer's position on legal issue:
Yes, the Regulation applies if there is reason to


legal issue:
Can a Member State confiscate cargo in the event of a breach of Reg No 990/93?

observer's position on legal issue:
Yes, a Member State can confiscate the cargo of th


legal issue:
Is a national court bound by a Commission decision against a person who did not bring action under Article 173?

observer's position on legal issue:
Yes, the decision of the Commission is binding.


legal issue:
Must marketing authorization be provided on demand by a basic patent holder?

observer's position on legal issue:
No, marketing authorization does not have to be pr


observer's position on legal issue:
Yes, an authorization holder must provide a copy o


legal issue:
If a product is covered by several basic patents, does this preclude the grant of supplementary protection to each holder of the basic patent?

observer's position on legal issue:
No, supplementary protection can still be awarded.


legal issue:
Does EU law dictate how charges levied on companies and their capital are calculated?

observer's position on legal issue:
No, it is the responsibility of the Member States


legal issue:
Does EU law allow dismissial of actions for recovery of charges on the grounds that both sides did not know they were unlawful?

observer's position on legal issue:
No, Member States cannot use this as a justificati


legal issue:
Does EU law prevent a limitation period laid down by states from beginning to run before a directive has been fully implemented?

observer's position on legal issue:
No, Member States can inact limitation periods bef


legal issue:
Does a decision in a divorce case ordering payment of a lump sum and transfer of ownership falls within the scope of the Brussels Convention?


legal issue:
Does a Member State s definition of employed and self-employed only apply to work carried out in that Member State?

observer's position on legal issue:
Yes, national definitions of employed and self-emp


legal issue:
Does the judgment of a national court cause time to start running again to challenge a decision of the Commission not challenged during the original t

observer's position on legal issue:
No, national court judgments do not allow the reop


legal issue:
From what date should the service of workers be counted for the purpose of calculating the additional benefits to which they are entitled?

observer's position on legal issue:
The date should be April 8, 1976, the date of the


legal issue:
Can states restrict back-dating entitlements to a period of two years prior to the date on which the claim was made?


legal issue:
Can states exempt an employer from the obligation to give an employee written notification of the essentials of their contract?

observer's position on legal issue:
Yes, Member States can exempt an employee under so


observer's position on legal issue:
No, Member States cannot exempt employers from thi


legal issue:
Can a Member State make the grant of aid for extensification conditional if there has been a drop in output during an intermediate period?

observer's position on legal issue:
States can use data from the intermediate period t


observer's position on legal issue:
The intermediate period must be considered along w


legal issue:
Is a tour operator in one Member State subject to the VAT who is providing services through intermediaries in another Member State?

observer's position on legal issue:
Yes, the activities of the intermediary company ar


observer's position on legal issue:
No, as long as the intermediary is a mere auxiliar


legal issue:
Does EC law require the calculation of agricultural conversion rates to be applied when the processor actually receives the product?

observer's position on legal issue:
Yes, the date used for calcuation must be the date


legal issue:
Does a vehicle is imported into a Member States directly from a non-member country able to be taxed under EU Treaty Article 95?

observer's position on legal issue:
Yes, Member States can inact certain provisions ba


legal issue:
Can states retain refundable amounts of VAT where there are grounds for presumption of tax evasion or a VAT debt is owed?

observer's position on legal issue:
Yes, Member States can retain these amounts.


observer's position on legal issue:
Yes they can, but only under certain conditions.


legal issue:
Does Article 6 preclude a Member State s national provision that discriminates penalties based on nationality?

observer's position on legal issue:
Yes, Article 6 does not allow discrimination based


legal issue:
Is national legislation imposing restrictions on property in order to protect the environment or culture hertiage against EU law?

observer's position on legal issue:
The Court does not have the jurisdiction to answer


legal issue:
Can time-limits for re-export of goods laid out in Community law be extended?


legal issue:
Must a Member State recognize the documents of another Member State in determining age for the purposes of granting social security?

observer's position on legal issue:
Yes, personal documents are valid in all Member St


observer's position on legal issue:
No, is a matter of the Member State where the pers


legal issue:
Do Member States set the definition of "employment" for social security purposes within their own state?

observer's position on legal issue:
Yes, Member States should set the definition of "e


observer's position on legal issue:
Yes, it is the responsibility of Member States to


legal issue:
Does Community law prevent Member States from insuring a person against only some of the risks covered by its social security scheme?

observer's position on legal issue:
No, Member States can issue partial coverage in th


observer's position on legal issue:
No, Member States have the ability to partially co


legal issue:
Do Member States have to consider income from another state when determining social security pay contributions?

observer's position on legal issue:
Yes, Member States can base the social security co


observer's position on legal issue:
No, Member States are not required to consider ext


legal issue:
Does the term "data-processing" in EU law gover the processing of images?

observer's position on legal issue:
Yes, the processing of images is included in this


legal issue:
Is the primary State of an employee s work determined the location of his main center of operation?


observer's position on legal issue:
Main location does affect primary work location, b


legal issue:
Does a subsidy paid to a farmer for the extensification of potato production constitute "consideration for a supply of goods and services" under EU la


legal issue:
Can Member States put conditions on family allowances restricting payment to those members actually residing in the competent Member State?

observer's position on legal issue:
Yes, only family members actually residing in the


observer's position on legal issue:
No, there can be no restrictions on family allowan


legal issue:
Must an "European Economic Interest Grouping" include this title or the initials EEIG in their business name?


legal issue:
Does a tax on the appreciation in the value of immovable property fall within the scope of EU law?

observer's position on legal issue:
No, this type of tax is outside the realm of EU la


legal issue:
Are charges permissible in the event of an increase in the capital of a capital company by the contribution of immovable property?

observer's position on legal issue:
Yes, these charges are permissible according to EU


legal issue:
Does the German quota allocated to a milk producer expand when a German milk producer owns land in other EU member states?


legal issue:
Do Member States have to take into account the dominant position company in relation to other companies in the group?


legal issue:
Can Member States prohibit activity as an intermediary between supply and demand on the employment market?

observer's position on legal issue:
Yes, EU allows Member States to prohibit this kind


observer's position on legal issue:
No, Member States cannot prohibit this kind of act


legal issue:
Must a Member State grant supplementary benefits to pensioners or orphans residing in another Member State where family benefits are higher?

observer's position on legal issue:
No, a Member State is not obligated to pay supplem


observer's position on legal issue:
Yes, a Member State must provide supplementary ben


legal issue:
Does EU law preclude a tax such as a regional charge on vehicle registration certificates?

observer's position on legal issue:
Yes, charges such as these are prohibited by EU la


legal issue:
Does the acquisition and holding of bonds constitute economic activity that is taxable according to VAT requirements?


observer's position on legal issue:
Yes, the holding of bonds is an economic activity


observer's position on legal issue:
No, income from the holding of bonds is not VAT ta


legal issue:
Does an unemployment allowance for those over 52 constitute an unemployment benefit under EU law?


legal issue:
Is Article 48 of Council Reg No. 1408/71 applicable to unemployment benefits?


legal issue:
Does a Member State have to take into account entitlement to old-age benefits in another member state?

observer's position on legal issue:
No, a Member State is not required to take outside


observer's position on legal issue:
Yes, a Member State does have to outside entitleme


legal issue:
Can national legislation require a person to have paid contributions for a time period into a pension scheme to qualify for an unemployment allowance?

observer's position on legal issue:
Yes, a Member States can require payments into a p


observer's position on legal issue:
No, these time requirements are not keeping with t


legal issue:
Does EU law prevent states from restricting the right to apply to penalize companies who do not discole annual accounts info?

observer's position on legal issue:
Yes, Member States cannot restrict this right.


observer's position on legal issue:
No, it is up to the Member States to determine who


legal issue:
Does the fact that there is a legal obligation to incorporate the charge for dock fees in the cost price automatically lead to the conclusion that the entire charge has been passed on to another party?

observer's position on legal issue:
The obligation to incorporate the dock dues into the cost price does not in fact imply, or at any rate does not necessarily imply, that they have actually been passed on to the purchasers of the goods.


legal issue:
Does Art 8(2)(b) of Reg 926/80 apply in cases where the exported product had previously been imported within the six months preceding its exportation?

observer's position on legal issue:
The reply to the question should be in the affirmative.


legal issue:
Does lack of repsonse to a commercial letter of confirmation constitute tacit consent to a jurisdiction clause contained within that letter?

observer's position on legal issue:
Lack of response to a commercial letter is to be deemed to constitute tacit acquiescence, irrespective as to whether any inquiry has been made whether there exists a practice to that effect in the relevant trade or commerce.


legal issue:
Do measures prohibiting the marketing of bread with a moisture content exceeding 34% or an ash content lower than 1.40% or containing bran constitute measures having an equivalent effect to a quantitative restriction?

observer's position on legal issue:
The Italian provisions amoutn to a measure having an equivalent effect.


legal issue:
Can such mandatory agreements be justified by reasons relating to the general interest in maintaining industrial peace?


observer's position on legal issue:
There is no question of an overriding public interest in the present case.


legal issue:
Does the derogation provided for in the second paragraph of Art 11C(1) of Dir 77/388 authorize an MS to refuse refund of VAT where the unpaid consideration is in kind, when it permits a refund where the consideration is expressed in money?

observer's position on legal issue:
The national legislature may not only decide to avail itself of the derogation, but is in addition free to differentiate the provisions of the derogation measures in accordance with needs of which it is to be the judge.


legal issue:
May an MS require a credit institution already authorized in another MS to obtain an authorization in order to be able to grant a mortgage loan to a person resident within its territory?

observer's position on legal issue:
It cannot be regarded as necessary to require authorizationin conenction with loans to a company in order to protect that company


observer's position on legal issue:
The rules on freedom to provide serivces must be construed as meaning that there was nothing to preclude naitonal legislation such as the French legislation.


observer's position on legal issue:
The provisions do not preclude a requirement of authorization, so long as the requirement applies without distinction to domestic providers, that there are interests justifying the requirement, that those interests have not been taken into account in the


legal issue:
May a national court prohibit a patent infringer from markeint a product for a period of 14 months, where that period exceeds the max period authorized under Art 7 of Dir 65/65?

observer's position on legal issue:
Dir 65/65 allows for periods of suspension in certainc ases and it is not clear whether the average of 14 months includes such periods, so it is not entirely clear that 14 months is a breach of the Directive.


legal issue:
Are Art 9(2) to (4) of Reg 3887/92 invalid, wholly or in part, by reason of breach of any principle of Community law, particularly legal certainty, non-discrimination and/or proportionality?

observer's position on legal issue:
The penalties provided for in the second paragraph of Art 9(2) of Reg No 3887/92 do not comply with the principle of proportionality.


legal issue:
Can a benefit such as the one at issue in the present case be classified as a social advantage within the meaning of Art 7(2) of Reg 1612/68 on the freedom of movement for workers within the Community?


legal issue:
May individuals rely on Art 2(2)c of Dir 91/833 before the national courts?

observer's position on legal issue:
After the date of 1 July 1993, direct effect can be relied on by reason of failure to transpose the provision correctly.


legal issue:
What effect does the principle of proportionality have in the present case?

observer's position on legal issue:
MS tax collection measures must not  undermine the principles underpinning the common Community system of VAT.


observer's position on legal issue:
Tax collection mesaures must not undermine rights conferred by the Sixth Dir, but the impugned Belgian measures respect the principle of proportionality.


legal issue:
Does Art 59 of the Treaty cover the situation of a company provides services to residents who, for that purpose, reside in those homes permanently or for an indefinite period?

observer's position on legal issue:
The question should be declared inadmissible.


legal issue:
Do Arts 85 and 86 apply to national rules which allow only non-profit-making private operations to participate in the running of a social welfare system?


legal issue:
Do the charges at issue in case 347/95 constitute discriminatory internal taxation prohibited by Art 95 of the Treaty?

observer's position on legal issue:
The provisions are not a violation of Community law.


observer's position on legal issue:
The taxed product and the product which may be favoured should be the same.


legal issue:
Do the charges at issue in case 28/96 constitute discriminatory internal taxation prohibited by Art 95 of the Treaty?


legal issue:
Have the considerations disclosed any factor to affect the validity of Council Reg(EEC) No 3677/86 of 24 November 1986?


# Referral

referring court:
Oberverwaltungsgericht fur das Land Nordrhein-West


referring court:
High Court of Justice of England and Wales


referring court:
Regional Administrative Court for the Veneto


referring court:
Higher Administrative Court for Schleswig-Holstein


referring court:
High Court of Justice Queens Bench Division


referring court:
College van Beroep voor het Bedrijfsleven


referring court:
Oberverwaltunsgericht fur das Land Nordrhein-Westf


referring court:
Tribunal Superior de Justicia de la Comunidad de E


referring court:
High Court of Justice, Queens bench division


referring court:
Tribunal Tributario de Segunda Instancia


referring court:
Conseil d'Etat du Grand Duche de Luxembourg


referring court:
Pretura Circondariale, Verona, Sezione Distaccata


referring court:
Rechtbank van Eerste Aanleg te Antwerpen


referring court:
Juzgado de lo Social de Santiago de Compostela


referring court:
Office of the Industrial Tribunals and the Fair Em


referring court:
Pretura Circondariale, Rome, Tivoli Division


referring court:
Value Added Tax Tribunal, Manchester Tribunal Cent


referring court:
Tribunale Amministrativo Regionale per la Lombardi


