ECJ (Commercial Policy) French Text – Opinion – Regulation dumping duty on imports of certain prepared or preserved citrus fruits originating in China – Validity – Determination of normal value – Exporting country not practicing a market economy – Commission’s obligation to exercise diligence to determine the normal value based on the price of a like product in a third country market economy

Judges:

AG Bot

Citations:

C-338/10, [2011] EUECJ C-338/10

Links:

Bailii

Cited by:

Opinion – Grunwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt ECJ 22-Mar-2012
EAT Dumping – Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China – Regulation (EC) No 1355/2008 – Validity – Regulation (EC) No 384/96 – Article 2(7)(a) – . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 20 September 2022; Ref: scu.445426

ECFI Application for interim measures – Public procurement – Tendering procedure -Rejection of a tender – Application for suspension of operation of a measure – Loss of opportunity – Lack of serious and irreparable damage – Lack of urgency

Citations:

T-422/11, [2011] EUECJ T-422/11, [2014] EUECJ T-422/11

Links:

Bailii, Bailii

European

Updated: 20 September 2022; Ref: scu.445423

ECJ Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Equal treatment – Self-employed frontier workers- Agricultural lease – Agricultural structure- Legislation of a Member State enabling an objection to be made to the contract if the goods produced in national territory by the self-employed Swiss frontier farmers are intended to be exported, free of duty, to Switzerland

Judges:

K Lenaerts, President

Citations:

C-506/10, [2011] EUECJ C-506/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.445427

ECFI French Text – Financial assistance for a project in the field of the environment – LIFE – Decision partial recovery of the amount paid – Determination of beneficiary’s obligations assumed in the funded project – Legitimate expectations – Obligation to state reasons

Citations:

T-312/07, [2011] EUECJ T-312/07

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.445424

ECJ Free Movement Of Goods – Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Importation, by a person resident in a Member State, of a vehicle already registered in another Member State – Ecological subsidy – Conditions – Registration certificate attesting to the nature of the demonstration vehicle

Citations:

C-443/10, [2011] EUECJ C-443/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.445420

ECJ Industrial Policy – Food hygiene – Regulation (EC) No 852/2004 – Installation of a washbasin in the toilets of an establishment which sells food

Citations:

C-381/10, [2011] EUECJ C-381/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.445418

ECFI Competition – Cartels – Italy’s first purchase and processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price fixing and market sharing – Participation in the infringement – Duration of the infringement – Fines – Mitigating circumstances – Maximum limit of 10% of sales – Equal treatment – unlimited jurisdiction

Citations:

T-11/06, [2011] EUECJ T-11/06

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444959

ECFI Competition – Agreements, decisions and concerted practices – Italian market for the purchase and first processing of raw tobacco – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Payment of the fine by the jointly and severally liable debtor – Applicant involved in an insolvency procedure in the course of the proceedings – No longer any interest in bringing proceedings – No need to adjudicate

Citations:

T-19/06, [2011] EUECJ T-19/06

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444956

ECFI Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for suspension of operation of a measure – Lack of urgency

Citations:

T-421/11, [2011] EUECJ T-421/11

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444958

ECJ (Approximation Of Laws) Opinion – Failure of a Member State to fulfil obligations – Directive 2001/83/EC – Article 6 – Marketing authorisation – Article 5 – Exclusion from provisions of directive for medicinal products ordered for special needs of individual patient – National legislation allowing importation and placing on the market of equivalent medicinal products based on an economic criterion without prior marketing authorisation – Medicinal products from other Member States and from third countries

Judges:

Jaaskinen AG

Citations:

C-185/10, [2011] EUECJ C-185/10

Links:

Bailii

Statutes:

Directive 2001/83/EC 6

Cited by:

Opinion – Commission v Poland ECJ 29-Mar-2012
ECJ Failure of a Member State to fulfil obligations – Directive 2001/83/EC – Articles 5 and 6 – Proprietary medicinal products – Medicinal products for human use – Marketing authorisation – Legislation of a . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 20 September 2022; Ref: scu.444921

ECFI Application for interim measures – Public procurement – Tendering procedure – Rejection of a tender – Application for suspension of operation of a measure – Disregard of the formal requirements – Inadmissibility

Citations:

T-395/11, [2011] EUECJ T-395/11

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444923

ECJ (Freedom To Provide Services) French Text – Freedom to provide services – Article 49 EC – Direct taxation – Income tax – Pension deduction of business expenses – Non-deductibility of remuneration for services provided by persons established in the Member States imposes taxes substantially more advantageous than that Member State tax – Deductibility subject to proof of the real and genuine benefits and the normality of the relevant remuneration – Restriction on freedom to provide services – Justification – Fight against fraud and tax evasion – Effectiveness of fiscal supervision – Proportionality

Citations:

C-318/10, [2011] EUECJ C-318/10, [2012] EUECJ C-318/10

Links:

Bailii, Bailii

Statutes:

Article 49 EC

European

Updated: 20 September 2022; Ref: scu.444935

ECJ (Staff Regulations) Civil Service – Appointment – Successful candidate in a competition published before the entry into force of the new Staff Regulations but finalised afterwards – Grading under the new, less favourable rules

Citations:

70/05, [2011] EUECJ 70/05

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444928

ECJ (Staff Regulations) French Text – Public service – Officials – Recruitment – Article 7, paragraph 1, of the Statute – Article 29, paragraph 1 a) and b) status – Manifest error of assessment – Misuse of powers – Motivation

Citations:

72/10, [2011] EUECJ 72/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444922

ECFI (Law Governing The Institutions) French Text – Referred – Rejection of a request for defense of the immunity of a member of the European Parliament – Application for stay of execution – Inadmissible

Citations:

T-347/11, [2011] EUECJ T-347/11

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444925

ECFI Application for interim measures – Common foreign and security policy – Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation – Freezing of funds and economic resources – Application for interim measures – Lack of urgency

Citations:

T-384/11, [2011] EUECJ T-384/11, [2014] EUECJ T-384/11

Links:

Bailii, Bailii

European

Updated: 20 September 2022; Ref: scu.444934

ECJ (Staff Regulations) French Text – Public service – Officials – Promotion – Articles 43 and 45 of the Statute – Evaluation Report – Manifest error of assessment – Motivation

Citations:

80/10, [2011] EUECJ 80/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444916

ECJ (Staff Regulations) French Text – Public service – Officials – Passage of class under the sway of the old statute – Transitional rules for classification in grade 1 May 2004 – Bureau decision of the European Parliament of 13 February 2006 – Reclassification on the basis of the salary of officials covered of compensation – Multiplication factor applicable – Loss of promotion points – claim for compensation

Citations:

9/07, [2011] EUECJ 9/07

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444917

ECJ (Staff Regulations) French Text – Public service – Staff of the ECB – general wage adjustment – Calculation – Preliminary – Economic and Financial Crisis – Special Circumstances – Act adversely affecting – Bulletin compensation – Act provisional

Citations:

114/10, [2011] EUECJ 114/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444918

ECJ (Staff Regulations) French Text – Public service – Promotion – 2009 promotion exercise – Ability to work in a third language – Existence of disciplinary proceedings – Exclusion of the year promotion

Citations:

26/10, [2011] EUECJ 26/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444776

ECFI Dumping – Imports of cotton bed linen originating in Pakistan – Injury – Causal link

Citations:

T-199/04, [2011] EUECJ T-199/04, [2016] EUECJ T-199/04

Links:

Bailii, Bailii

European

Updated: 20 September 2022; Ref: scu.444726

ECJ (Staff Regulations) French Text – Public service – Officials – Appointment – Article 5, paragraph 2 of Annex XIII to the Staff – Internal competition for change of category issued before 1 May 2004 – candidates on the reserve list before 1 May 2006 – Ranking grade – Application of a multiplication factor less than 1 – Loss of promotion points

Citations:

31/06, [2011] EUECJ 31/06

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444679

ECFI Public service contracts – Tendering procedure – Provision of computer and related services, including the maintenance and development of the information systems of the Commission Directorate-General for Maritime Affairs and Fisheries – Rejection of a tender – Obligation to state reasons – Equal treatment – Transparency – Award criteria – Conflict of interests – Manifest error of assessment – Non-contractual liability

Citations:

T-86/09, [2011] EUECJ T-86/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 September 2022; Ref: scu.444665

ECJ Preliminary ruling – Act detrimental to the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 1, Article 3(1), third subparagraph, and Articles 5 and 7 – Regulation (EEC) No 3665/87 – Articles 11 and 18(2)(c) – Meaning of ‘economic operator’ – Persons who have taken part in the irregularity – Persons under a duty to take responsibility for the irregularity or to ensure that it is not committed – Administrative penalty – Direct effect – Limitation period for proceedings – Interruption)

Citations:

[2010] EUECJ C-367/09, C-367/09

Links:

Bailii

Statutes:

Regulation (EC, Euratom) No 2988/95, Regulation (EEC) No 3665/87

Citing:

See Also – Belgisch-en Interventie Restitutiebureau v SGS Belgium NV, Firm Derwa NV, Centraal Beheer Achmea NV (Communities Own Resources) ECJ 15-Jul-2010
Europa Protecting the financial interests of the European Communities – Regulation No 2988/95 – Export refunds – Regulation No 3665/87 – Irregularity – Inaccurate information concerning the importation into a . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 20 September 2022; Ref: scu.444673

ECJ (Staff Regulations) Public – Recruitment – Competition – Admission – Degree required – Concept of a diploma level of secondary education and providing access to higher education – Decisions of the Selection Board – Nature of control exercised by the appointing authority the power of appointment

Citations:

117/10, [2011] EUECJ 117/10

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444630

Staff Regulations – Public – Procedure – Application for review – Section 119 of the Rules of Procedure – Decision of the Tribunal – Application for review on an order striking following a withdrawal – authority of res judicata – None – Inadmissible automatically raised

Citations:

103/06, [2011] EUECJ 103/06

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444629

ECFI Common foreign and security policy – Restrictive measures in relation to the situation in Cote d’Ivoire – Freezing of funds – Obligation to state reasons

Citations:

T-316/11, [2011] EUECJ T-316/11

Links:

Bailii

European

Updated: 20 September 2022; Ref: scu.444620

ECFI Financial assistance provided through the Daphne II – Determining the amount to be paid to the beneficiary – Error of assessment

Citations:

T-34/08, [2011] EUECJ T-34/08

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 September 2022; Ref: scu.444613

ECFI Health policy – Placing on the market of biocidal products – Identification of active substances on the market – Decision refusing amendment of certain provisions of the legislation – Actions for failure to act – Obligation to act – Actions for annulment – Not individually concerned – Inadmissibility

Citations:

T-404/04, [2011] EUECJ T-404/04

Links:

Bailii

Jurisdiction:

European

European

Updated: 20 September 2022; Ref: scu.444608

ECFI Appeal – Civil Service – Agents – contract fixed-term commitment – Refusal to sign a new contract or renew an employment contract for an indefinite period – Framework agreement on fixed-term work – Directive 1999/70/CE – Article 88 of the CEOS – Commission Decision on the maximum use of non-permanent staff in its services

Citations:

T-325/09, [2011] EUECJ T-325/09

Links:

Bailii

Statutes:

Directive 1999/70/CE

European

Updated: 20 September 2022; Ref: scu.444604

Citations:

R-1371/81, [1989] EUECJ R-1371/81

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 September 2022; Ref: scu.215726

Citations:

T-296/09, [2011] EUECJ T-296/09

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 September 2022; Ref: scu.449360

Failure of a Member State to fulfill obligations – General principle of the responsibility of the Member States for breach of Union law by one of their courts ruling in the last resort – Exclusion of all State responsibility on the basis of an interpretation of the rules of right or assessment of the facts and evidence carried out by a court ruling as a last resort – Limitation, by the national legislator, of the State’s responsibility in cases of fraud or gross negligence committed by such a court

Citations:

C-379/10, [2011] EUECJ C-379/10, ECLI:EU:C:2011:775, [2011 ] ECR I-180

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – P v Commissioner of Police of The Metropolis SC 25-Oct-2017
This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 19 September 2022; Ref: scu.449357

ECJ (State Aid) French Text – Appeal – State aid – Introduction of digital terrestrial television in Berlin-Brandenburg – Article 87, paragraph 3 c) EC – Market failure – Proportionality – the technological neutrality – Incentive effect

Citations:

C-544/09, [2011] EUECJ C-544/09

Links:

Bailii

European

Updated: 19 September 2022; Ref: scu.444379

ECJ Public-Officials – Social security – Occupational disease – Articles 73 and 78 of the Staff – Regularity in the opinion of the medical board – Refusal to recognize the permanent partial disability

Citations:

47/10, [2011] EUECJ 47/10

Links:

Bailii

European

Updated: 19 September 2022; Ref: scu.444250

ECFI Public service contracts – EMSA’s procurement procedures – Operation of stand-by oil spill recovery vessels – Rejection of a tender – Action for annulment – Tender inconsistent with the subject of the contract – Consequences – Equal treatment – Proportionality – Definition of the subject of the contract – Failure to disclose the characteristics and relative advantages of the successful tender – Statement of reasons – Award of the contract – No right of action – Application for a declaration that the contract concluded with the successful tenderer is null and void – Claim for damages

Citations:

T-8/09, [2011] EUECJ T-8/09

Links:

Bailii

European

Updated: 19 September 2022; Ref: scu.444101

ECJ Opinion – Regulation (EC) No 44/2001 – Appointment of a guardian for a consumer whose residence is unknown – Rules on international jurisdiction – Applicability – Article 24 of Regulation No 44/2001 – Appearance Guardian appointed without the consent or knowledge of the defendant – Article 17, paragraph 3) of Regulation No 44/2001 – Agreement conferring jurisdiction that contains an implicit international jurisdiction, Article 3, paragraph 1, and Article 6 of Directive 93/13/EEC – Effects of the fairness of an agreement conferring jurisdiction on the implicit contract, international jurisdiction Article 16, paragraph 2 of Regulation No 44/2001 – Discussion whether a consumer is domiciled in a Member State – Article 4 of Regulation No 44/2001 – Jurisdiction where the defendant is not domiciled in the territory of a Member State – Right of defense of the defendant – Article 26, paragraph 2 of Regulation No 44/2001 – Article 47, paragraph 2, of the Charter of Fundamental Freedoms

Citations:

C-327/10, [2011] EUECJ C-327/10

Links:

Bailii

Statutes:

Regulation (EC) No 44/2001

Cited by:

Opinion – Hypotecni banka, as v Lindner ECJ 17-Nov-2011
ECJ Jurisdiction and the enforcement of judgments in civil and commercial matters – Mortgage loan contract concluded by a consumer who is a national of one Member State with a bank established in another Member . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 19 September 2022; Ref: scu.444114

ECFI Access to documents – Regulation (EC) No 1049/2001 – Refusal of access – documents relating to infringement proceedings under way for a dam project on the river Sabor – Exception relating to the protection of the purpose of inspections, investigations and audits – Environmental information – Regulation (EC) No 1367/2006 – Obligation to make a concrete and individual examination – Overriding public interest

Citations:

T-29/08, [2011] EUECJ T-29/08

Links:

Bailii

Statutes:

Regulation (EC) No 1367/2006, Regulation (EC) No 1049/2001

European

Updated: 19 September 2022; Ref: scu.444115

ECJ Appeal – State aid for France Telecom – Notions of State ‘aid’ and ‘advantage ‘related to the tax system of France Telecom from business tax for the years 1994 to 2002 – Compensation – Principle of legitimate expectations – Statute of Limitations – Obligation to state reasons and the principle of legal certainty

Citations:

C-81/10, [2011] EUECJ C-81/10

Links:

Bailii

Cited by:

Cited – France Telecom v Commission ECJ 8-Dec-2011
Appeal – State aid – France Telecom’s business tax regime – Concept of ‘aid’ – Legitimate expectations – Limitation period – Obligation to state reasons – Principle of legal certainty . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 19 September 2022; Ref: scu.444105

ECFI Public service contracts – Tendering procedure – Provision of services for specification, development, maintenance and support of customs IT services relating to IT projects – Rejection of a tender – Award of the contract to another tenderer – Action for damages – Disregard of the procedural requirements – Inadmissibility – Action for annulment – Time allowed for the receipt of tenders – Time allowed for the submission of requests for information – Equal treatment – Manifest error of assessment

Citations:

T-232/06, [2011] EUECJ T-232/06

Links:

Bailii

Jurisdiction:

European

European

Updated: 19 September 2022; Ref: scu.444104

ECJ Appeal – Common commercial policy – Dumping – Articles 2(7), 3(7), 5(4), 9(5) and (6), and 17(3) of Regulation (EC) No 384/96 – Imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam – Market economy treatment – Individual treatment – Sampling method – Cooperation on the part of the European Union industry

Citations:

C-249/10, [2011] EUECJ C-249/10, [2011] EUECJ C-249/10 – P, [2012] EUECJ C-249/10 – P

Links:

Bailii, Bailii, Bailii

European

Updated: 19 September 2022; Ref: scu.444091

ECJ Reopening the hearing

Citations:

102/09, [2011] EUECJ 102/09

Links:

Bailii

European

Updated: 19 September 2022; Ref: scu.444082

ECFI Action for annulment – Fourth Framework Programme for research, technological development and demonstration – Request for repayment of advances made pursuant to a contract research funding – Arbitration clause – Letter announcing the issuance of a debit note – Reminder Letter – Proceedings of the contract inseparable – Inadmissible

Citations:

T-435/10, [2011] EUECJ T-435/10

Links:

Bailii

European

Updated: 19 September 2022; Ref: scu.444084

By letter lodged at the Court Registry on 29 June 2011 the applicant informed the Tribunal, in accordance with Article 99 of the Rules of Procedure, that it was withdrawing its application. She has not applied for costs.
By letter lodged at the Court July 11, 2011, the defendant stated that it had no comments on the withdrawal filed by the applicant and requested that it be to pay the costs.
The intervener, the Republic of Lithuania does not file comments within the time limit.
According to Article 87, paragraph 5, first paragraph, the Rules of Procedure, the party withdraws to pay the costs if pleading by the other party in its comments on the withdrawal. In this case, the defendant requested that the applicant be ordered to pay costs.
According to Article 87, paragraph 4, first paragraph, the Rules of Procedure, Member States that have taken to bear their own costs.
It is therefore necessary to remove the case from the register and order the applicant to bear its own costs and those incurred by the defendant. The intervener to bear its own costs.

Citations:

T-507/10, [2011] EUECJ T-507/10

Links:

Bailii

European

Updated: 19 September 2022; Ref: scu.444087