ECJ (Order Of The Court) Preliminary ruling – Article 53, paragraph 2, of the Rules of Procedure of the Court – Autorita per the following Vigilanza Contratti pubblici di lavori, servizi e forniture – Article 267 TFEU – Meaning of ‘national court or tribunal – Lack of jurisdiction of the Court E. Juhasz (Rapporteur), P … Continue reading Emmeci v Cotral SpA: ECJ 17 Jul 2014
ECJ Grand Chamber – Transfer of a company’s place of effective management to a Member State other than that in which it is incorporated – Freedom of establishment – Article 49 TFEU – Taxation of unrealised capital gains relating to the assets of a company transferring its place of management between Member States – Determination … Continue reading National Grid Indus v Inspecteur van de Rijnmond Belastingdienst / kantoor Rotterdam: ECJ 29 Nov 2011
ECJ Preliminary ruling – Directives 93/13/EEC and 2008/48/EC – Application ratione temporis and ratione materiae – Acts Prior to the accession of Romania to the European Union – Charter of Fundamental Rights of the European Union – Implementation implementation of EU law – None – clearly lacking – Articles 49 TFEU and 56 TFEU – … Continue reading Tudoran And Others v SC Suport Colect SRL: ECJ 3 Jul 2014
ECJ Opinion – Action for annulment – Regulation (EU) No 492/2011 – Implementing Decision of the Commission – Exceeding the powers of the Commission – Interpretation of Articles 290 and 291 TFEU – Implementing acts – EURES Network – Accuracy of the normative content a legislative act Cruz Villalon AG C-65/13, [2014] EUECJ C-65/13 – … Continue reading Parliament v Commission: ECJ 10 Jul 2014
ECJ Judgment – Request for a preliminary ruling – Public procurement – Contracts falling below the threshold provided for in Directive 2004/18/EC – Articles 49 TFEU and 56 TFEU – Principle of proportionality – Conditions for exclusion from a tender procedure – Criteria for qualitative selection relating to the personal situation of the tenderer – … Continue reading Consorzio Stabile Libor Lavori Pubblici v Comune di Milano: ECJ 10 Jul 2014
ECJ Order Of The Court – Preliminary ruling – Article 18 TFEU – Citizenship of the Union – Non-discrimination – Compensation for loss of property abandoned outside the present borders of the Member State – Condition of citizenship – No attachment to the right of the Union – Manifest lack of jurisdiction of the Court … Continue reading Teisseyre And Teisseyre v Minister Skarbu Panstwa: ECJ 19 Jun 2014
ECJ (Judgment Of The Court (Second Chamber)) Telecommunications sector – Electronic communications networks and services – Freedom to provide services – Article 56 TFEU – Directive 2002/21/EC – Cross-border provision of a package of radio and television programmes – Conditional access – Competence of the national regulatory authorities – Registration – Requirement of establishment R. … Continue reading UPC Dth Sarl v Nemzeti: ECJ 30 Apr 2014
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Statement of objections – 2006 Guidelines on the method of setting fines – Value of … Continue reading Tokin v Commission (Competition – Agreements, Decisions and Concerted Practices): ECFI 29 Sep 2021
ECJ Preliminary reference – Rules of Procedure – Articles 53, paragraph 2, and 99 – Response to a question for a preliminary ruling may be clearly deduced from existing case – Application manifestly inadmissible – Networks and electronic communications services – Directive 2002/20/EC (Authorisation Directive) – Article 3 – Imposition of a government tax authority … Continue reading Umbra Packaging v Revenue Agency – Direzione Provinciale di Perugia, (Bibliographic Notice): ECJ 12 Dec 2013
ECJ Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste-water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260 TFEU – Financial penalties – Imposition of a lump sum and a penalty payment C-533/11, [2013] EUECJ C-533/11 Bailii Directive 91/271/EEC European Updated: … Continue reading European Commission v Kingdom of Belgium, United Kingdom of Great Britain and Northern Ireland: ECJ 17 Oct 2013
Reference for a preliminary ruling – Social security – Health insurance – Regulation (EC) No 883/2004 – Article 20 (1) and (2) – Medical care received in a Member State other than that of residence of the insured person – Prior authorization – Conditions – Requirement a report issued by a doctor from the national … Continue reading Casa NatIonala De Asigurari De Sanatate and Casa De Asigurari De Sanatate Constanapounds A (Judgment): ECJ 6 Oct 2021
ECJ Articles 49 TFEU and 56 TFEU – Freedom of establishment – Public health – Opticians – Regional legislation making the establishment of new opticians’ shops subject to authorisation – Demographic and geographical limitations – Justification – Appropriateness for attaining the objective pursued – Coherency – Proportionality L. Bay Larsen, P C-539/11, [2013] EUECJ C-539/11 … Continue reading Ottica New Line Di Accardi Vincenzo v Comune Di Campobello Di Mazara: ECJ 26 Sep 2013
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of unlawful conduct … Continue reading Laufen Austria Ag v European Commission: ECFI 16 Sep 2013
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of the unlawful … Continue reading Roca v European Commission: ECFI 16 Sep 2013
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of unlawful conduct … Continue reading Roca Sanitario, SA v European Commission: ECFI 16 Sep 2013
ECJ Opninion – Action for annulment – Council Decision 2011/853/EU – European Convention on the legal protection of services based on, or consisting of, conditional access – Choice of correct legal basis – Common commercial policy (Article 207(4) TFEU) – Internal market (Article 114 TFEU) – Exclusive external competence of the Union (Articles 2(1) TFEU … Continue reading European Commission v Council Of The European Union: ECJ 27 Jun 2013
comm_germanyECJ1409 ECJ (Judgment) Failure to fulfill obligations – Article 63 TFEU – Free movement of capital – Tax on gifts and estates – National legislation providing for a higher deduction if the deceased at his death, the donor or recipient residing in the territory of the Member State – Purpose of infringement proceedings – Restriction … Continue reading Commission v Germany: ECJ 4 Sep 2014
ECJ Opinion – Failure of a Member State to fulfil obligations – Article 260 TFEU – Failure to comply with judgments of the Court of Justice – Commission v Italy (C-135/05, EU:C:2007:250) and Commission v Greece (C-502/03, EU:C:2005:592) – Law on waste – Illegal landfills – Closure – Clean-up – Renewed permit pursuant to Directive … Continue reading Commission v Italy: ECJ 4 Sep 2014
NIIT_subscribe_ECFI1407 ECFI Judgment – Community trade mark – Application for Community word mark SUBSCRIBE – Absolute ground for refusal – Lack of distinctive character – Article 7, paragraph 1 b) of Regulation (EC) No 207/2009 – Equal treatment – Article 56 TFEU MD Gratsias (Rapporteur), P T-404/13, [2014] EUECJ T-404/13, ECLI: EU: T: 2014 645 … Continue reading NIIT Insurance Technologies v OHIM (Subscribe): ECFI 14 Jul 2014
UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015
maneaECJ201504 ECJ Grand Chamber – Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership – Neutrality as between second-hand motor vehicles imported from other Member … Continue reading Manea v Institutia Prefectului Judetul Brasov: ECJ 14 Apr 2015
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Distortion of competition – … Continue reading Wabco Europe v European Commission: ECFI 16 Sep 2013
Failure by a State to fulfill obligations – Article 258 TFEU – Directive 91/271 / EEC – Collection and treatment of urban waste water – Articles 3 to 5 and 10 – Lack of urban water collection systems in certain agglomerations – Lack of secondary treatment or equivalent treatment of urban waste water in certain … Continue reading Commission v Italy (Traitement Des Eaux Urbaines Residuaires) (Judgment): ECJ 6 Oct 2021
ECJ Judgment – Grand Chamber – Reference for a preliminary ruling – National support scheme providing for the award of tradable green certificates for installations producing electricity from renewable energy sources – Obligation for electricity suppliers and certain users to surrender annually to the competent authority a certain number of green certificates – Refusal to … Continue reading Alands Vindkraft v Energimyndigheten: ECJ 1 Jul 2014
ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of establishment – Free movement of capital – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – National tax legislation – Attribution of gains to participators in close companies – Different treatment of resident and … Continue reading Commission v United Kingdom: ECJ 13 Nov 2014
Deleayed Rates Claims Service made them Defective The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created substantial prejudice. The Council challenged the correctness … Continue reading North Somerset District Council v Honda Motor Europe Ltd and Others: QBD 2 Jul 2010
eventech_parkECJ1409 ECJ Advocate General’s Opinion – State aid – Concept of ‘aid’ under Article 107(1) TFEU – Rules governing access to and use of public infrastructure – Authorisation granted to taxis but not to private hire vehicles to use the bus lanes in the Greater London Area – Transfer of State resources – Selectivity – … Continue reading Eventech, Regina (On The Application of) v The Parking Adjudicator: ECJ 24 Sep 2014
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Cartel involving three individual agreements – Single and continuous infringement – Failure to prove that an undertaking party to an individual agreement was aware of the … Continue reading European Commission v Verhuizingen Coppens Nv: ECJ 6 Dec 2012
masco_ecECJ2013 ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Single infringement Pelikanova … Continue reading Masco Corp v European Commission: ECFI 16 Sep 2013
State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Decision declaring aid incompatible with . .
The Court considered the licensing of Standard Essential Patents, those necessary for the design an use of smartphones. Huawei were said to have continued to use the technology despite the expiry of their licences. . .
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ECJ (Opinion of Geelhoed AG) Interpretation of Articles 43 and 56 EC and Articles 4(1) and 6 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent . .
ECJ Advocate General’s Opinion – Collective labour agreement – Contracts for professional services – Minimum fees – Competition – Article 101 TFEU – Prevention of social dumping – ‘Albany exception’
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A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .
ECJ Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – . .
ECJ Judgment – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanized areas in Spain – Decision declaring the aid partly compatible and partly . .
References: T-28/11, [2015] EUECJ T-28/11, ECLI:EU:T:2015:995 Links: Bailii ECJ Judgment – Competition – Agreements, decisions and concerted practices – European airfreight market – Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) – Article 101 TFEU, Article … Continue reading Koninklijke Luchtvaart Maatschappij -V- Commission: ECFI 16 Dec 2015
