Van Hove v CNP Assurances SA: ECJ 23 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms – Insurance contract – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject-matter of the contract – Term intended to ensure that mortgage loan repayments are covered – Borrower’s total incapacity for work – Exclusion from cover in the event of recognised fitness to undertake an activity, paid or otherwise

Ilesic P
C-96/14, [2015] EUECJ C-96/14
Bailii
Directive 93/13/EEC

European, Consumer, Insurance

Updated: 29 December 2021; Ref: scu.546113

Saferoad Rrs v OHIM (Megarail): ECFI 28 Apr 2015

ECJ (Judgment) Community trade mark – Application for Community word mark MEGARAIL – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

T-137/13, [2015] EUECJ T-137/13, ECLI: EU T: 2015 232
Bailii
Regulation (EC) No 207/2009 7

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.546112

GST – Sarviz Ag Germania: ECJ 23 Apr 2015

ECJ (Judgment) Common system of value added tax – Directive 2006/112/EC – Principle of fiscal neutrality – Person liable for payment of VAT – Erroneous payment of VAT by the person to whom the supply is made – Liability to VAT of the supplier of services – Refusal to grant the supplier of services a refund of the VAT

S. Rodin, P
C-111/14, [2015] EUECJ C-111/14, ECLI:EU:C:2015:267
Bailii
Directive 2006/112/EC

European, VAT

Updated: 29 December 2021; Ref: scu.546108

SC ALKA CO SRL v Autoritatea Na?ionala a Vamilor: ECJ 23 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Common customs tariff – Tariff classification – Combined Nomenclature – Heading 1207 – Oilseeds – Heading 1209 – Seeds for sowing – Heading 1212 – Seeds principally used for human foodstuffs, not specified or included elsewhere – Import of raw shelled pumpkin seeds originating from China

C-635/13, [2015] EUECJ C-635/13
Bailii

European

Updated: 29 December 2021; Ref: scu.546101

Evropaiki Dynamiki v Frontex: ECFI 22 Apr 2015

ECJ (Judgment) Public procurement – Tendering procedures – Informatics services, hardware and software licences – Rejection of a tenderer’s bids – Obligation to state reasons – Selection and award criteria – Manifest error of assessment – Non-contractual liability

S. Frimodt Nielsen, P
T-554/10, [2015] EUECJ T-554/10, ECLI:EU:T:2015:224
Bailii
European

European

Updated: 29 December 2021; Ref: scu.546107

BX v Commission: ECFI 23 Apr 2015

ECJ (Judgment) Appeal – Civil service – Recruitment – Notice of competition – Open competition – Constitution of a reserve pool of Administrators (AD 5) of Bulgarian and Romanian citizenship in the field of Law – Selection board’s decision not to include the appellant on the reserve list – Burden of proof – Comparative assessment – Equal treatment – Stability in the composition of the selection board – Fifth paragraph of Article 3 of Annex III to the Staff Regulations – Distortion of the facts and evidence – Action for damages – Decision as to costs

T-352/13, [2015] EUECJ T-352/13
Bailii

European

Updated: 29 December 2021; Ref: scu.546102

Commission v Bulgaria: ECJ 23 Apr 2015

ECJ (Judgment) Failure to fulfill obligations – Electronic communications networks and services – Directives 2002/20 / EC, 2002/21 / EC and 2002/77 / EC – Use Rights DTTV radio frequency – Calls for applications – Selection Criteria bidders – Proportionality – Special rights

C-376/13, [2015] EUECJ C-376/13, ECLI: EU: C: 2015: 266
Bailii

European, Media

Updated: 29 December 2021; Ref: scu.546104

Commission v Greece: ECJ 23 Apr 2015

ECJ (Judgment) Failure to fulfill obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Designation of waters and vulnerable areas – Content of excessive nitrates – Eutrophication – Quadrennial Review Obligation – Failure – Setting action programs – No

C-149/14, [2015] EUECJ C-149/14, ECLI: EU: C: 2015: 264
Bailii
Directive 91/676/EEC

European

Updated: 29 December 2021; Ref: scu.546105

ViiV Healthcare UK Ltd v Teva UK Ltd: ChD 23 Apr 2015

Application for a reference to the European Court of Justice in an action in which the Claimant (ViiV) seeks a declaration as to the proper interpretation of Article 3 of the Regulation in the context of a Supplementary Protection Certificate granted in 2005 in respect of ‘A combination comprising abacavir, optionally in the form of a physiologically functional derivative and lamivudine, optionally in the form of a physiologically functional derivative.’

John Baldwin QC HHJ
[2015] EWHC 1074 (Ch)
Bailii
Regulation (EC) No 469/2009 3
England and Wales

European, health

Updated: 29 December 2021; Ref: scu.545927

Nemzeti Fogyasztovedelmi Hatosag vUPC Magyarorszag (Judgment): ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2005/29/EC – Unfair commercial practices – Erroneous information provided by a telecommunications undertaking to one of its subscribers which has resulted in additional costs for the latter – Classification as a ‘misleading commercial practice

C-388/13, [2015] EUECJ C-388/13, ECLI:EU:C:2015:225
Bailii
Directive 2005/29/EC

European, Consumer

Updated: 29 December 2021; Ref: scu.545455

Schenker Customs Agency v Commission: ECFI 16 Apr 2015

ECJ Judgment – Customs Union – clearance recovery of import duties – Imports of glyphosate from Taiwan – Application for remission of import duties presented by a customs agent – Article 239 of Regulation (EEC) No 2913/92 – Clause equity – Existence of a special situation – free circulation Statements – false certificates of origin – Notion of manifest negligence – Commission decision declaring unjustified remission of

Frimodt S. Nielsen, P
T-576/11, [2015] EUECJ T-576/11, ECLI: EU: T : 2015: 206
Bailii

European, Customs and Excise

Updated: 29 December 2021; Ref: scu.545452

Prezes Urzedu Komunikacji Elektronicznej And Telefonia Dialog v T-Mobile Polska SA: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/21/EC – Articles 7 and 20 – Resolution of disputes between undertakings providing electronic communications networks or services – Obligation to implement the procedure laid down in Article 7(3) – Measure which may have an effect on trade between Member States – Directive 2002/19/EC – Article 5 – Powers and responsibilities of the national regulatory authorities with regard to access and interconnection – Directive 2002/22/EC – Article 28 – Non-geographic numbers

Ilesic P
C-3/14, [2015] EUECJ C-3/14, ECLI:EU:C:2015:232
Bailii
Directive 2002/21/EC 7 20, Directive 2002/19/EC 5, Directive 2002/22/EC 28

European, Utilities

Updated: 29 December 2021; Ref: scu.545451

Willems v Burgemeester van Nuth; similar: ECJ 16 Apr 2015

EJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Biometric passport – Biometric data – Regulation (EC) No 2252/2004 – Article 1(3) – Article 4(3) – Use of data collected for purposes other than the issue of passports and travel documents – Establishment and use of databases containing biometric data – Legal guarantees – Charter of Fundamental Rights of the European Union – Articles 7 and 8 – Directive 95/46/EC – Articles 6 and 7 – Right to privacy – Right to the protection of personal data – Application to identity cards

L. Bay Larsen, P
C-446/12, [2015] EUECJ C-446/12, ECLI:EU:C:2015:238
Bailii
Regulation (EC) No 2252/2004, Directive 95/46/EC, Charter of Fundamental Rights of the European Union 6 7

European, Human Rights, Information

Updated: 29 December 2021; Ref: scu.545456

LFB Biomedicaments v Association des deficitaires en Alpha 1 Antitrypsine and similar: ECJ 16 Apr 2015

Judgment – Reference for a preliminary ruling – Medicinal products for human use – Directive 89/105/EEC – Article 6(3) and (5) – Removal of medicinal products from a list of pharmaceutical proprietary products covered in addition to fixed payments in respect of hospital treatment – Obligation to state reasons

A. O Caoimh, P
C-271/14, [2015] EUECJ C-271/14, ECLI:EU:C:2015:237
Bailii
Directive 89/105/EEC 6(3) 6(5)

European

Updated: 29 December 2021; Ref: scu.545445

Matratzen Concord v OHMI – KBT (Arktis): ECFI 16 Apr 2015

ECJ (Working Document) Community trade mark – forfeiture proceedings – Community word mark ARKTIS -Usage seriousness of the mark – Article 51, paragraph 1 a) of Regulation (EC) No 207/2009 – Form of use of the mark – Proof usage for registered products – Consent of the trade mark owner

Frimodt S. Nielsen, P
T-258/13, [2015] EUECJ T-258/13, ECLI : EU: T: 2015 207
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.545447

Lutz v Bauerle: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Articles 4 and 13 – Insolvency proceedings – Payment made after the date on which insolvency proceedings were opened on the basis of attachment carried out before that date – Action to set aside an act detrimental to the interests of the creditors – Limitation periods or other time-bars relating to actions to set transactions aside – Procedural requirements for the action – Applicable law

A. Tizzano, P
C-557/13, [2015] EUECJ C-557/13
Bailii
Regulation (EC) No 1346/2000 4 13

European, Insolvency

Updated: 29 December 2021; Ref: scu.545446

Parliament v Council: ECJ 16 Apr 2015

Judgment – Action for annulment – Police and judicial cooperation in criminal matters – Setting of the date on which an earlier decision is to take effect – Determination of the legal basis – Legal framework applicable following the entry into force of the Treaty of Lisbon – Transitional provisions – Secondary legal basis – Consultation of Parliament

L. Bay Larsen (Rapporteur), P
C-540/13, [2015] EUECJ C-540/13, ECLI:EU:C:2015:224
Bailii

European

Updated: 29 December 2021; Ref: scu.545449

Commission v Germany: ECJ 16 Apr 2015

ECJ Judgment – Failure of a Member State to fulfil obligations – Tax legislation -Deferral of taxation of capital gains realised on the sale of certain capital assets – Recovery of the tax – Freedom of establishment – Article 49 TFEU – Article 31 of the EEA Agreement – Difference in treatment between permanent establishments located within the territory of a Member State and permanent establishments located within the territory of another Member State of the European Union or of the European Economic Area – Proportionality

C-591/13, [2015] EUECJ C-591/13, ECLI:EU:C:2015:230
Bailii

European, Capital Gains Tax

Updated: 29 December 2021; Ref: scu.545442

Eintragungsausschuss bei der Bayerischen Architektenkammer v Angerer: ECJ 16 Apr 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 2005/36/EC – Article 10 – Recognition of professional qualifications – Access to the profession of architect – Titles not listed in Annex V, point 5.7.1 – Concepts of ‘specific and exceptional reasons’ and ‘architect’

C-477/13, [2015] EUECJ C-477/13, ECLI:EU:C:2015:239
Bailii
Directive 2005/36/EC

European, Construction

Updated: 29 December 2021; Ref: scu.545440

Emsibeth v OHMI – Peek and Cloppenburg (Nael): ECFI 26 Mar 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Nael – Earlier Community word mark Mc Neal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-596/13, [2015] EUECJ T-596/13, ECLI: EU: T: 2015 193
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.545365

Macikowski v Dyrektor Izby Skarbowej w Gdansku: ECJ 26 Mar 2015

ECJ (Judgment) Reference for a preliminary ruling – Common system of value added tax – Principles of proportionality and fiscal neutrality – Taxation of a supply of immovable property in a procedure for compulsory sale by auction – National legislation requiring the court enforcement officer executing such a sale to calculate and pay VAT on the transaction – Payment of the purchase price to the competent court and need for the VAT to be paid to be transferred by that court to the court enforcement officer – Liability for damages and criminal liability of the court enforcement officer for non-payment of VAT – Difference between the general statutory time-limit for the payment of VAT by a taxable person and the time-limit imposed on the court enforcement officer – Impossibility of deducting the input VAT paid

A. Tizzano, P
C-499/13, [2015] EUECJ C-499/13, ECLI:EU:C:2015:201
Bailii

VAT, European

Updated: 29 December 2021; Ref: scu.545367

Cachaldora Fernandez v Instituto Nacional de la Seguridad Social: ECJ 14 Apr 2015

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Male and female workers – Equal treatment in matters of social security – Directive 79/7/EEC – Article 4 – Directive 97/81/EC – UNICE, CEEP and ETUC Framework Agreement on part-time work – Calculation of benefit – System for inclusion of contribution gaps – Part-time workers and full-time workers

V. Skouris, P
C-527/13, [2015] EUECJ C-527/13, ECLI:EU:C:2015:215
Bailii
Directive 97/81/EC, Directive 79/7/EEC

European, Benefits, Discrimination, Employment

Updated: 29 December 2021; Ref: scu.545372

Council v Commission: ECJ 14 Apr 2015

ECJ Judgment – Action for annulment – Macro-financial assistance to third countries – Decision of the Commission to withdraw a proposal for a framework regulation – Articles 13(2) TEU and 17 TEU – Article 293 TFEU – Principle of conferral of powers – Principle of institutional balance – Principle of sincere cooperation – Article 296 TFEU – Obligation to state reasons

C-409/13, [2015] EUECJ C-409/13, ECLI:EU:C:2015:217
Bailii

European

Updated: 29 December 2021; Ref: scu.545373

C More Entertainment AB v Linus Sandberg: ECJ 26 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(2) – Direct broadcast of a sporting fixture on an internet site

C-279/13, [2015] EUECJ C-279/13, ECLI:EU:C:2015:199
Bailii
Directive 2001/29/EC

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.545357

Bateaux Mouches v OHIM (Bateaux Mouches): ECFI 26 Mar 2015

Judgment – Community trade mark – International registration designating the European Community – Word mark BATEAUX MOUCHES – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Lack of character distinctiveness acquired through use – Article 7, paragraph 3 of Regulation No 207/2009 ‘

T-72/14, [2015] EUECJ T-72/14, ECLI: EU: T: 2015 194
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.545356

Coedo Suarez v Council: EUCST 26 Mar 2015

ECJ Judgment – Public service – Officials – Disciplinary proceedings – Disciplinary measure – Removal with reduced disability allowance – Proportionality of the penalty – Manifest error of assessment – Driving Concept of the official throughout his career – Compliance schedules work

F-38/14, [2015] EUECJ F-38/14
Bailii

European

Updated: 29 December 2021; Ref: scu.545359

ASL N.5 ‘Spezzino’, And Others: ECJ 14 Dec 2011

ECJ Reference for a preliminary ruling – Ambulance services – National legislation reserving ambulance services for public health establishments to be registered voluntary associations fulfilling the legal requirements on a preferential basis – Compatibility with EU law – Public procurement – Articles 49 TFEU and 56 TFEU – Directive 2004/18/EC – Mixed services, covered both by Annex IIA and Annex II B to Directive 2004/18 – Article 1(2)(a) and (d) – Concept of ‘public service contracts’ – Pecuniary nature – Consideration consisting in the reimbursement of expenses incurred

T. von Danwitz, P
[2014] EUECJ C-113/13, ECLI:EU:C:2014:2440
Bailii
Citing:
OpinionASL N.5 ‘Spezzino’ And Others (Advocate General’s Opinion) ECJ 30-Apr-2014
ECJ Opinion – Articles 49 TFEU and 56 TFEU – Directive 2004/18/EC – Public service contracts – Medical transport services – Award of contracts without call for tenders – Voluntary organisations – Reimbursement of . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 29 December 2021; Ref: scu.545149

Secretary of State for Work and Pensions (AA) v AK (European Union Law : Council Regulations 1408/71/Eec and (Ec) 883/2004 ): UTAA 4 Mar 2015

As the decision of the First-tier Tribunal (made on 6 June 2014 at Liverpool under reference SC064/14/00236) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 and the decision is RE-MADE.
The decision is:
The claimant is not entitled to an attendance allowance on the claim made on 15 November 2013, because the allowance is a sickness benefit for which the United Kingdom is not the competent State.
The Secretary of State must pass the claimant’s claim to the Greek authorities.

[2015] UKUT 110 (AAC)
Bailii
England and Wales

Benefits, European

Updated: 29 December 2021; Ref: scu.545164

Yvon Welte v Finanzamt Velbert: ECJ 17 Oct 2013

Free movement of capital – Articles 56 EC to 58 EC – Inheritance tax – Deceased person and heir resident in a third country – Estate – Immovable property located in a Member State – Right to an allowance against the taxable value – Different treatment of residents and non-residents

M Ilesic P
[2013] EUECJ C-181/12, ECLI:EU:C:2013:662
Bailii
Citing:
OpinionYvon Welte v Finanzamt Velbert ECJ 12-Jun-2013
ECJ Opinion – Free movement of capital – Articles 56 EC, 57 EC and 58 EC – Inheritance tax – Deceased and heir resident in Switzerland – Direct investment – Investment in real estate – Standstill clause – . .

Lists of cited by and citing cases may be incomplete.

Inheritance Tax, European

Updated: 29 December 2021; Ref: scu.545150

Edenred (UK Group) Ltd v HM Treasury and Others: CA 31 Mar 2015

The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care.

Etherton Ch, Underhill, King LJJ
[2015] EWCA Civ 326
Bailii
Public Services Regulations 2006, Directive EU No 2004/38
England and Wales
Citing:
At first instance (1)Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others QBD 27-Oct-2014
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under . .
Appeal fromEdenred (UK Group) Ltd v Her Majesty’s Treasury and Others QBD 22-Jan-2015
The claimant challenged the means of implementation of the new scheme of tax-free childcare support, saying that the 2006 Regulations should have been applied before the allocation of the administration of the new scheme had been given to the . .

Cited by:
Appeal fromEdenred (UK Group) Ltd and Another v HM Treasury and Others SC 1-Jul-2015
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender.
European, Administrative

Updated: 29 December 2021; Ref: scu.544994

Kik v Staatssecretaris van Finacie: ECJ 19 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – 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 – National of a Member State, in which he resides, employed on a pipe-laying vessel flying the flag of another third State – Person initially employed by an undertaking established in the Netherlands and subsequently by an undertaking established in Switzerland – Work performed, in succession, on the continental shelf adjacent to a third State, in international waters and in the part of the continental shelf adjacent to certain Member States – Scope ratione personae of Regulation No 1408/71 – Determination of the legislation applicable

C-266/13, [2015] EUECJ C-266/13
Bailii
Regulation (EEC) No 1408/71

European, Benefits

Updated: 29 December 2021; Ref: scu.544892

OTP Bank Nyrt v Magyar Allam, Magyar Allamkincstar: ECJ 19 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – State aid – Article 107(1) TFEU – Concept of ‘State aid’ – Housing aid granted prior to the accession of Hungary to the European Union to certain categories of household – Payment of the aid by credit institutions in exchange for a State guarantee – Article 108(3) TFEU – Measure not previously notified to the European Commission – Unlawfulness

C-672/13, [2015] EUECJ C-672/13, ECLI:EU:C:2015:185
Bailii
TFEU 107(1)

European

Updated: 29 December 2021; Ref: scu.544895

Mega Brands International v OHIM: ECJ 19 Mar 2015

ECJ Judgment – Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – Application for registration of the Community word mark MAGNEXT – Opposition by the proprietor of the earlier national word mark MAGNET 4 – Likelihood of confusion

C-182/14, [2015] EUECJ C-182/14, ECLI:EU:C:2015:187
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.544894

Evropaaki Dynamiki v EASA: ECFI 25 Mar 2015

ECJ Judgment – Public service contracts – Tendering procedure – Supply of IT services – Classification of a tenderer in second or third position in the cascade procedure – Obligation to state reasons – Manifest error of assessment – Non-contractual liability

T-297/09, [2015] EUECJ T-297/09, ECLI:EU:T:2015:184
Bailii
European

European

Updated: 29 December 2021; Ref: scu.544891

Borghans v Commission: ECJ 23 Mar 2015

ECJ Judgment – Public service – Remuneration – Survivor’s pension – Article 27, first paragraph, of Annex VIII to the Staff – Divorced spouse of a deceased staff – Existence of alimony on the date of official’s death – Article 42 of the Annex VIII to the Staff – Introductory time of an application for liquidation of pension rights ‘

F-6/14, [2015] EUECJ F-6/14
Bailii

European

Updated: 29 December 2021; Ref: scu.544885

Dole Food And Dole Fresh Fruit Europe v Commission: ECJ 19 Mar 2015

ECJ Judgment – Appeals – Competition – Agreements, decisions and concerted practices – European banana market – Coordination in the setting of quotation prices – Obligation to state reasons – Belated statement of reasons – Belated submission of evidence – Rights of defence – Principle of equality of arms – Principles governing the establishment of the facts – Distortion of the facts – Assessment of the evidence – Market structure – Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object – Burden of proof – Calculation of the fine – Whether sales made by subsidiaries not involved in the infringement are to be taken into account – Sales of the same bananas counted twice

C-286/13, [2015] EUECJ C-286/13, ECLI:EU:C:2015:184
Bailii

European, Commercial

Updated: 29 December 2021; Ref: scu.544889

E.On Foldgaz Trade Zrt v Magyar Energetikai es Kozmu-szabalyozasi Hivatal: ECJ 19 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Internal market in natural gas -Directive 2003/55/EC – Article 25 – Directive 2009/73/EC – Articles 41 and 54 – Temporal application -Regulation (EC) No 1775/2005 – Article 5 – Capacity allocation mechanisms and congestion management procedures – Decision of a regulatory authority – Right to bring an action – Action brought by a company holding a natural gas transmission authorisation – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection against a decision of a regulatory authority

C-510/13, [2015] EUECJ C-510/13, ECLI:EU:C:2015:189
Bailii

European

Updated: 29 December 2021; Ref: scu.544890

Rosa Dels Vents Assessoria v U Hostels Albergues Juveniles SL: ECJ 10 Mar 2015

ECJ Order – Preliminary reference – Article 99 of the Rules of Procedure of the Court – Trade marks – Directive 2008/95 / EC – Article 5, paragraph 1 – Definition of ‘third parties’ – Holder of a later mark

Ilesic P
C-491/14, [2015] EUECJ C-491/14 – CO, ECLI: EU: C: 2015: 161
Bailii

European, Intellectual Property

Updated: 29 December 2021; Ref: scu.544602

Jozef De Wolf v Harry Cox Bv: ECJ 30 Nov 1976

The provisions of the convention on jurisdiction and the enforcement of judgments in civil and commercial matters of 27 September 1968 prevent a party who has obtained a judgment in his favour in a contracting state, being a judgment for which an order for enforcement under article 31 of the convention may issue in another contracting state, from making an application to a court in that other state for a judgment against the other party in the same terms as the judgment delivered in the first state. The fact that there may be occasions on which, according to the national law applicable, the procedure set out in articles 31 et seq. Of the convention may be found to be more expensive than bringing fresh proceedings on the substance of the case does not invalidate these considerations.

R-42/76, [1976] EUECJ R-42/76
Bailii
European

European

Updated: 29 December 2021; Ref: scu.214504

Baltic Media Alliance (Opinion): ECJ 28 Feb 2019

Reference for a preliminary ruling – Freedom to provide services – Directive 2010/13 / EU – Audiovisual media services – Television broadcasting – Article 1, paragraph 1, sub c) and d) – Concepts of’ editorial responsibility ‘and of’ provider of media ‘- Television channel from a Member State – Article 3 (1) and (2) – Freedom of reception and retransmission – Incitement to hatred – Measures taken by the receiving Member State – Temporary obligation, for operators distributing television channels to consumers of that State, to broadcast this channel only in pay packages – Compatibility with Union law

C-622/17, [2019] EUECJ C-622/17_O, ECLI:EU:C:2019:154
Bailii
European
Cited by:
OpinionBaltic Media Alliance ECJ 4-Jul-2019
Reference for a preliminary ruling – Freedom to provide services – Directive 2010/13/EU – Audiovisual media services – Television broadcasting – Article 3(1) and (2) – Freedom of reception and retransmission – Incitement to hatred on grounds of . .

Lists of cited by and citing cases may be incomplete.

European

Updated: 29 December 2021; Ref: scu.664512

IDT Biologika v Commission: ECFI 18 Mar 2015

Judgment – Public supply contracts – Procedure tender – Supply of rabies vaccine in Serbia – Rejection of a tender – Award of contract to another tenderer – Selection criteria – Manifest error of assessment

Frimodt S. Nielsen, P
T-30/12, [2015] EUECJ T-30/12, ECLI: EU: T: 2015 159
Bailii
European

European

Updated: 28 December 2021; Ref: scu.544599

AX v ECB: ECJ 17 Mar 2015

ECJ Judgment – Civil service – ECB staff – Disciplinary proceedings – Disciplinary measure – Dismissal – Rights of the defence – Access to the disciplinary file – Access to information and documents on other divisions – Reasonable time – Lawfulness of the composition of the Disciplinary Committee – Advisory role of the Disciplinary Committee – Stricter disciplinary measure than that recommended – Obligation to state reasons – Management of a division – Manifest error of assessment – Proportionality of the disciplinary measure – Extenuating circumstances – Aggravating circumstances – Objection of illegality)

F-73/13, [2015] EUECJ F-73/13, ECLI:EU:F:2015:9
Bailii

European

Updated: 28 December 2021; Ref: scu.544597

Marcuccio v Commission: ECFI 6 Mar 2015

ECJ (Order) – Appeal – Public service – Officials – Pensions and invalidity benefits – retirement Updated due to disability – Implied refusal of the Commission to adopt a decision on the recognition of the occupational origin of the disease – Appeal part manifestly inadmissible and in part manifestly unfounded

Jaeger (Rapporteur), P
T-324/14, [2015] EUECJ T-324/14 – CO, ECLI: EU: T: 2015 145
Bailii

European

Updated: 28 December 2021; Ref: scu.544343

Lafonta v Autorite des marches financiers: ECJ 11 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws – Directive 2003/6/EC – Article 1, point (1) – Directive 2003/124/EC – Article 1(1) – Inside information – Concept of ‘information of a precise nature’ – Potential effect in a particular direction on the prices of financial instruments

C-628/13, [2015] EUECJ C-628/13, ECLI:EU:C:2015:162
Bailii
Directive 2003/6/EC 1.1, Directive 2003/124/EC 1(1)

European

Updated: 28 December 2021; Ref: scu.544274

Secretary of State for Health and Others v Servier Laboratories Ltd and Others: ChD 12 Mar 2015

This judgment concerns the terms of the confidentiality order which the court should make when directing the defendants to give disclosure in the present proceedings of the decision adopted by the European Commission

Henderson J
[2015] EWHC 647 (Ch)
Bailii
England and Wales

Litigation Practice, European

Updated: 28 December 2021; Ref: scu.544267

Hengartner And Gasser (Freedom Of Establishment): ECJ 15 Jul 2010

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 – Lease of hunting ground – Regional tax – Concept of economic activity – Principle of equal treatment

K. Lenaerts, P
[2010] EUECJ C-70/09
Bailii
Citing:
OpinionHengartner And Gasser (Freedom Of Establishment) ECJ 20-May-2010
ECJ Opinion – Agreement between the European Community and its Member States on the one hand, and the Swiss Confederation, on the other hand, on the free movement of persons – Independent – Lease of hunting . .

Lists of cited by and citing cases may be incomplete.

European, Taxes – Other

Updated: 28 December 2021; Ref: scu.544218

Novomatic v OHMI – Berentzen Mally Marketing Plus Services (Black Jack TM): ECFI 6 Mar 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark BLACK JACK TM – Earlier Community word and figurative marks BLACK TRACK – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC ) No 207/2009

T-257/14, [2015] EUECJ T-257/14, ECLI: EU: T: 2015: 141
Bailii
Regulation (EC) No 207/2009 (1(b)

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543937

Braun Melsungen v OHIM (Safeset): ECFI 6 Mar 2015

ECJ Judgment – Community trade mark – Application for Community word mark SafeSet – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 75, first sentence of Regulation No 207/2009 – Examination of the facts – Article 76, paragraph 1 of Regulation No 207/2009

T-513/13, [2015] EUECJ T-513/13, ECLI: EU T: 2015 140
Bailii

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543936

Vario Tek v Hauptzollamt Dusseldorf: ECJ 5 Mar 2015

ECJ Judgment – Preliminary reference – Customs Union and the Common Customs Tariff – Combined Nomenclature – Tariff classification – 8525 80 Position – Television cameras, digital cameras and camcorders – Subheadings 8525 80 91 and 8525 80 99 – Integrated Video cameras in sports eyewear – Function optical zoom ‘- Saving files from external sources

J-C Bonichot, P
C-178/14, [2015] EUECJ C-178/14
Bailii

European, Customs and Excise

Updated: 28 December 2021; Ref: scu.543919

Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Consumer protection – Liability for damage caused by defective products – Directive 85/374/EEC – Articles 1, 6(1) and section (a) of the first paragraph of Article 9 – Pacemakers and implantable cardioverter defibrillators – Risk of product failure – Personal injury – Removal of the allegedly defective product and replacement with another product – Reimbursement of the costs of the operation

L. Bay Larsen, P
C-503/13, [2015] EUECJ C-503/13
Bailii
Directive 85/374/EEC

European, Consumer

Updated: 28 December 2021; Ref: scu.543907

Estado portugues v Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – State aid – State guarantee underwriting a loan – Decision 2011/346/EU – Questions concerning validity – Admissibility – Article 107(1) TFEU – Statement of reasons – Effect on trade between Member States – Article 107(3)(b) TFEU – Serious disturbance in the economy of a Member State

R. Silva de Lapuerta, P
C-667/13, [2015] EUECJ C-667/13
Bailii
Decision 2011/346/EU, TFEU 107(1) 107(3)(b)

European

Updated: 28 December 2021; Ref: scu.543906

Prankl: ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Taxation – Directive 92/12/EEC – General arrangements for products subject to excise duty – Imposition of duty on smuggled goods – Goods released for consumption in one Member State and transported to another Member State – Determination of the competent Member State – Right of the transit State to impose duty on those goods

S. Rodin, P
C-175/14, [2015] EUECJ C-175/14
Bailii
Directive 92/12/EEC

European, Customs and Excise

Updated: 28 December 2021; Ref: scu.543916

Modelo Continente Hipermercados v Autoridade para as Condicoes de Trabalho – Centro Local do Lis (ACT): ECJ 5 Mar 2015

ECJ Judgment – Reference for a preliminary ruling – Rules on mergers of public limited liability companies – Directive 78/855/EEC – Merger by acquisition – Article 19 – Effects – Transfer of all the assets and liabilities of the company being acquired to the acquiring company – Infringement by the company being acquired prior to its acquisition – Administrative decision confirming infringement post-acquisition – National law – Transfer of the acquired company’s liability for administrative offences – Lawfulness

T. von Danwitz, P
C-343/13, [2015] EUECJ C-343/13
Bailii
Directive 78/855/EEC

European, Company

Updated: 28 December 2021; Ref: scu.543914

Schmidt Spiele v OHIM (Representation D’Un Plateau De Jeux De Societe): ECFI 3 Mar 2015

ECJ Judgment – Community trade mark – Applications for figurative Community trade marks representing boards for parlour games – Absolute grounds for refusal – Lack of distinctive character – Regulation (EC) No 207/2009, Article 7(1)(b) and Article 7(3)

H. Kanninen, P
T-492/13, [2015] EUECJ T-492/13
Bailii

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543798

Shepherd v Bundesrepublik Deutschland: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Asylum – Directive 2004/83/EC – Article 9(2)(b), (c), and (e) – Minimum standards for the qualification and status of third-country nationals or stateless persons as refugees – Conditions for obtaining refugee status – Acts of persecution – Criminal penalties for a member of the armed forces of the United States for refusing to serve in Iraq

R. Silva de Lapuerta, P
ECLI:EU:C:2015:117, C-472/13, [2015] EUECJ C-472/13, [2014] EUECJ C-472/13 – O
Bailii, Bailii

European

Updated: 28 December 2021; Ref: scu.543689

Wucher Helicopter And Euro-Aviation Versicherung v Fridolin Santer: ECJ 26 Feb 2015

ECJ Judgment – References for a preliminary ruling – Regulation (EC) No 785/2004 – Air carriers and aircraft operators – Insurance – Requirements – Definitions of ‘passenger’ and ‘member of the crew’ – Helicopter – Carriage of an expert in the blasting of avalanches using explosives – Injury suffered during a work flight – Compensation

A. Tizzano, P
C-6/14, [2015] EUECJ C-6/14, ECLI:EU:C:2015:122
Bailii
Regulation (EC) No 785/2004
European

European, Transport, Personal Injury

Updated: 28 December 2021; Ref: scu.543692

Planet v Commission: ECJ 26 Feb 2015

ECJ Judgment – Appeals – Article 340, first paragraph, TFEU – Contractual liability of the European Union – Article 272 TFEU – Arbitration clause – Sixth framework programme for research, technological development and demonstration activities – Contracts relating to the Ontogov, FIT and RACWeb projects – Eligible costs and amounts advanced by the Commission – Declaratory action – No vested and current interest in bringing proceedings

T. von Danwitz, P
ECLI:EU:C:2015:124, C-564/13, [2015] EUECJ C-564/13
Bailii
TFEU 272
European

European

Updated: 28 December 2021; Ref: scu.543688

Martens v Minister van Onderwijs, Cultuur en Wetenschap: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Articles 20 TFEU and 21 TFEU – National of a Member State – Residence in another Member State – Studies pursued in an overseas country or territory – Maintenance of the grant of funding for higher education – ‘Three-out-of-six-years’ residence rule – Restriction – Justification

C-359/13, [2015] EUECJ C-359/13, ECLI:EU:C:2015:118
Bailii

European

Updated: 28 December 2021; Ref: scu.543686

Universal Utility International v OHIM (Greenworld): ECFI 27 Feb 2015

ECJ Judgment – Community trade mark – Application for Community word mark Greenworld – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

T-106/14, [2015] EUECJ T-106/14, ECLI: EU: T: 2015
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543691

Spa Monopole v OHMI – Olivar Del Desierto (Oleospa): ECFI 27 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark OLEOSPA – Earlier word marks Benelux SPA – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009

ME Martins Ribeiro, P
T-377/12, [2015] EUECJ T-377/12, ECLI: EU: T: 2015 121
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543690

LS Fashion v OHMI – Gestion De Activos Isorana (L’Wren Scott): ECFI 27 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark L’Wren Scott – Earlier national word mark LOREN SCOTT – Relative ground for refusal – Genuine use of the mark – Article 42(2) and (3) of Regulation (EC) No 207/2009 – No likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009

ECLI:EU:T:2015:125, T-41/12, [2015] EUECJ T-41/12
Bailii
Regulation (EC) No 207/2009 42(2)

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543685

Bayer Intellectual Property v OHMI – Interhygiene (Interface): ECFI 27 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark INTERFACE – Earlier Community word mark Interfog – Relative ground for refusal – Likelihood of confusion – Identity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

S. Frimodt Nielsen, P
T-227/13, [2015] EUECJ T-227/13, ECLI:EU:T:2015:120
Bailii

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543678

Ministre de l’Economie et des Finances v De Ruyter: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Social security – Regulation (EEC) No 1408/71 – Article 4 – Substantive scope – Levies on income from assets – General social contribution – Social debt repayment contribution – Social levy – Additional contribution to the social levy – Participation in the financing of compulsory social security schemes – Direct and sufficiently relevant link with some branches of social security

A. Tizzano, P
C-623/13, [2015] EUECJ C-623/13, ECLI:EU:C:2015:123
Bailii
Regulation (EEC) No 1408/71 4

European, Benefits

Updated: 28 December 2021; Ref: scu.543681

H v Court of Justice: ECJ 26 Feb 2015

ECJ Judgment – Appeal – System of payment for members of the Court of Justice of the European Union – Former member of the Civil Service Tribunal – Application for Membership in joint medical insurance scheme (CAMR) – Decision – Refusal – Appeal – Lateness – Inadmissibility

C-221/14, [2015] EUECJ C-221/14, ECLI:EU:C:2015:126
Bailii

European

Updated: 28 December 2021; Ref: scu.543683

Ingeniorforeningen I Danmark v Tekniq: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and (2)(a) – Article 6(1) – Difference of treatment on grounds of age – National legislation providing for severance allowance to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension

C-515/13, [2015] EUECJ C-515/13, ECLI:EU:C:2015:115
Bailii
Directive 2000/78/EC

European, Employment, Discrimination

Updated: 28 December 2021; Ref: scu.543684

EESC v Achab: ECFI 27 Feb 2015

ECJ Judgment – Appeal – Public service – Officials – Remuneration – Expatriation allowance – Naturalization – Article 4, paragraph 1 a) and b) of Annex VII to the Staff Regulations – Recovery of overpayments – Article 85, first paragraph status

T-430/13, [2015] EUECJ T-430/13, ECLI:EU:T:2015:122
Bailii

European

Updated: 28 December 2021; Ref: scu.543682

Sko-Energo SRO v Odvolaci financni reditelstvi: ECJ 26 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Protection of the ozone layer – Scheme for greenhouse gas emission allowance trading within the European Union – Method of allocating allowances – Allocation of allowances free of charge – Application of gift tax to such an allocation

C-43/14, [2015] EUECJ C-43/14, ECLI:EU:C:2015:120
Bailii

European, Environment

Updated: 28 December 2021; Ref: scu.543514

Pangyrus Ltd v OHIM: ECFI 26 Feb 2015

ECJ Community trade mark – Invalidity proceedings – Community word mark COLOURBLIND – Word sign COLOURBLIND – Absolute ground for refusal – No bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 – No use in the course of trade of a sign of more than mere local significance – Relative ground for refusal – Article 8(4) and Article 53(1)(c) of Regulation No 207/2009)

T-257/11, [2015] EUECJ T-257/11
Bailii
Regulation (EC) No 207/2009 52(1)(b) 53(1)(c)

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543513

9Flats Gmbh v OHMI: ECFI 26 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark 9flats.com – Earlier national figurative mark 50flats – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-713/13, [2015] EUECJ T-713/13
Bailii

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543505

Orange v Commission: ECFI 26 Feb 2015

ECJ Judgment – State aid – Retirement – Support for the reform of the pension financing method of government servants working for France Telecom – Reduction of the consideration payable to the State by France Telecom – Decision declaring the aid compatible with the internal market under certain conditions – Advantage – Selective nature – Adverse effect on competition – Rights of the defense ‘

T-385/12, [2015] EUECJ T-385/12
Bailii

European

Updated: 28 December 2021; Ref: scu.543512

France v Commission: ECFI 26 Feb 2015

ECJ Judgment – State aid – Pensions – Support for the reform of the pension financing method of government servants working for France Telecom – Reduction of the consideration payable to the State by France Telecom – Decision declaring the aid compatible with the internal market under certain conditions – Advantage ‘

T-135/12, [2015] EUECJ T-135/12
Bailii

European

Updated: 28 December 2021; Ref: scu.543510

Ministero delle Politiche agricole, alimentari e forestali v Federconsorzi And Liquidazione Giudiziale Dei Beni Ceduti Ai Creditori Della Federconsorzi: ECJ 26 Feb 2015

Judgment – Reference for a preliminary ruling – Third paragraph of Article 288 TFEU – Combating late payments in commercial transactions – Directive 2000/35/EC – Articles 2, 3 and 6 – Directive 2011/7/EU – Articles 2, 7 and 12 – Legislation of a Member State capable of modifying, to the detriment of a creditor of the State, the interest on a debt predating those directives

Caoimh, P
C-104/14, [2015] EUECJ C-104/14, ECLI:EU:C:2015:125
Bailii

European

Updated: 28 December 2021; Ref: scu.543509

Costa Crociere Spa v OHMI: ECFI 26 Feb 2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark SAMSARA – Earlier Community word mark SAMSARA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

T-388/13, [2015] EUECJ T-388/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543508

Poland v Commission: ECFI 25 Feb 2015

ECJ EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Rural Development – Expenditure of Poland – Article 7 of Regulation (EC) No 1258/1999 – Article 31 of Regulation (EC) No 1290 / 2005 – Effectiveness of controls – Obligation to state reasons – Principle of subsidiarity

T-257/13, [2015] EUECJ T-257/13
Bailii
Regulation (EC) No 1258/1999 7, Regulation (EC) No 1290/2005 31
European

European

Updated: 28 December 2021; Ref: scu.543472

Walton v Commission: ECFI 25 Feb 2015

ECJ Judgment – Appeal – Civil service – Temporary staff – Dismissal of the appeal in the first instance as manifestly inadmissible – Resignation of employing temporary staff – Amount of debt held by the Commission to the applicant’s place after his resignation – Res judicata – Decisions become final in the absence of legal actions

T-261/14, [2015] EUECJ T-261/14
Bailii
European

European

Updated: 28 December 2021; Ref: scu.543473

Bundesrepublik Deutschland v Y and Z: ECJ 5 Sep 2012

ECJ (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Article (2)(c) – Classification as a ‘refugee’ – Article 9(1) – Definition of ‘acts of persecution’ – Article 10(1)(b) – Religion as ground for persecution – Connection between the reasons for persecution and the acts of persecution – Pakistani nationals who are members of the Ahmadiyya religious community – Acts by the Pakistani authorities designed to prohibit the manifestation of a person’s religion in public – Acts sufficiently serious for the person concerned to have a well-founded fear of being persecuted on account of his religion – Individual assessment of the facts and circumstances – Article 4

Skouris, P
C-71/11, [2012] EUECJ C-71/11
Bailii
Directive 2004/83/EC
European

Immigration

Updated: 28 December 2021; Ref: scu.463845

Council Of The European Union v European Commission: ECJ 5 Sep 2012

ECJ Schengen Borders Code – Decision 2010/252/EU – Surveillance of the sea external borders – Introduction of additional rules governing border surveillance – Commission’s implementing powers – Scope – Application for annulment

Skouris, P
C-355/10, [2012] EUECJ C-355/10
Bailii
European

Immigration

Updated: 28 December 2021; Ref: scu.463846

Saba: ECJ 12 Feb 2015

ECJ Order – Preliminary reference – Article 99 of the Rules of Procedure – Question referred identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – National legislation – Reorganization of the concession system using an alignment time deadlines – Re-tender – Concessions for less than the old concessions – Restriction – Overriding reasons of general interest – Proportionality

C-652/13, [2015] EUECJ C-652/13 – CO
Bailii

European

Updated: 28 December 2021; Ref: scu.543264

Siddu: ECJ 12 Feb 2015

ECJ Order – Preliminary reference – Article 99 of the Rules of Procedure – Question referred identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – National legislation – Reorganization of the concession system using an alignment time deadlines – Re-tender – Concessions for less than the old concessions – Restriction – Overriding reasons of general interest – Proportionality

A. O Caoimh, P
C-478/14, [2015] EUECJ C-478/14 – CO, ECLI: EU: C: 2015: 104
Bailii

European

Updated: 28 December 2021; Ref: scu.543265

Surgicare – Unidades de Saude SA v Fazenda Publica: ECJ 12 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – VAT – Directive 2006/112/EC – Deduction of input tax – Transactions constituting an abusive practice – National tax law – Special national procedure where the existence of abusive practices is suspected in the field of taxation – Principles of effectiveness and equivalence

C-662/13, [2015] EUECJ C-662/13, ECLI:EU:C:2015:89
Bailii
Directive 2006/112/EC

European, VAT

Updated: 28 December 2021; Ref: scu.543268

Sopora v Staatssecretaris van Financien: ECJ 24 Feb 2015

Judgment – Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Equal treatment of non-resident workers – Tax advantage consisting in the exemption of reimbursements paid by the employer – Advantage granted on a flat-rate basis – Workers from a Member State other than that of the place of work – Requirement of residence at a certain distance from the border of the Member State of the place of work

V. Skouris, P
C-512/13, [2015] EUECJ C-512/13, ECLI:EU:C:2015:108
Bailii

European

Updated: 28 December 2021; Ref: scu.543267

Walcher Meaytechnik v OHIM: ECJ 12 Feb 2015

ECJ Order – Appeal – Rules of Procedure of the Court – Article 181 – Community trade mark – Application for Community word mark HIPERDRIVE – Absolute grounds for refusal – Descriptive character – Regulation (EC) No 207/2009 – Article 7, paragraph 1 c) – General principle of equal treatment ‘

C-374/14, [2015] EUECJ C-374/14 – CO, ECLI: EU: C: 2015: 101
Bailii
Regulation (EC) No 207/2009 7

European, Intellectual Property

Updated: 28 December 2021; Ref: scu.543269

Sogno Di Tolosa And Others v Ministero delle Finanze e dell’Economia etc: ECJ 12 Feb 2015

ECJ Order – Preliminary reference – Article 99 of the Rules of Procedure – Question referred identical – Articles 49 TFEU and 56 TFEU – Freedom of establishment – Freedom to provide services – Gambling – National legislation – Reorganization of the concession system using an alignment time deadlines – Re-tender – Concessions for less than the old concessions – Restriction – Overriding reasons of general interest – Proportionality

C-480/14, [2015] EUECJ C-480/14 – CO, ECLI: EU: C: 2015: 105
Bailii

European

Updated: 28 December 2021; Ref: scu.543266

Gielen And Others: ECJ 12 Feb 2015

ECJ Judgment – Reference for a preliminary ruling – Drug precursors – Monitoring of trade between the Member States – Regulation (EC) No 273/2004 – Monitoring of trade between the European Union and third countries – Regulation (EC) No 111/2005 – Concept of ‘scheduled substance’ – Substance ‘alpha-phenylacetoacetonitrile’ (APAAN) – Scheduled substance ‘1-phenyl-2-propanone’ (BMK)

T. von Danwitz, P
C-369/13, [2015] EUECJ C-369/13, ECLI:EU:C:2015:85
Bailii
Regulation (EC) No 273/2004

European

Updated: 28 December 2021; Ref: scu.543255