November 23, 2006

Judgments nº C-5/05 of Court of Justice of the European Communities, of November 23, 2006

Tax provisions - Harmonisation of laws - Directive 92/12/EEC - Excise duties - Wine - Articles 7 to 10 - Determination of the Member State in which duties are chargeable - Acquisition by a private individual for his own use and that of other private individuals - Transport to another Member State by a transport undertaking - Arrangements applicable in the Member State of destination

ASNEF-EQUIFAX

Competition - Article 81 EC - System for the exchange between financial institutions of information on customer solvency - Reference for a preliminary ruling - Admissibility - Effect on trade between Member States - Restriction of competition - Benefit for consumers

October 26, 2006

Commission v Portugal

Failure of a Member State to fulfil obligations - Tax legislation - Conditions for exemption of capital gains arising on the transfer for valuable consideration of real property - Articles 18 EC, 39 EC and 43 EC - Articles 28 and 31 of the Agreement establishing the European Economic Area - Cohesion of the tax system - Housing policy

G. Pohl-Boskamp

Directive 89/105/EEC - Article 6(1) and (2) - Positive list - Obligation to state reasons and provide information concerning remedies

OHIM v Kaul

Appeal - Community trade mark - Opposition proceedings - Examination of new material by a Board of Appeal

Tas-Hagen and Tas

Benefit awarded to civilian war victims by a Member State - Condition of residence in the territory of that State at the time when the application for the benefit is submitted - Article 18(1) EC

Alcon v OHIM

Appeal - Community trade mark - Word mark -TRAVATAN- - Opposition of the proprietor of the mark -TRIVASTAN- - Refusal of registration - New plea - Medicinal products

Commission v Greece

Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Free movement of goods - Article 43 EC - Freedom of establishment - Article 49 EC - Freedom to provide services - Prohibition on the installation and operation of electrical, electromechanical and electronic games subject to criminal or administrative sanctions - Directive 98/34/EC - Technical standards and regulations - National legislation applicable to electrical, electromechanical and electronic games

Commission v Spain

Failure of a Member State to fulfil obligations -Directive 92/100/EEC - Copyright - Rental and lending right - Failure to transpose within the prescribed period

October 05, 2006

Judgments nº C-333/05 of Court of Justice of the European Communities, of October 05, 2006

Internal taxation - Registration duty on motor vehicles - Used motor vehicles - Importation

Meilicke and Others

Restriction on the free movement of capital - Income tax - Tax credit for dividends paid by companies established in Germany - Temporal effects of a judgment of the Court - Conditions for limitation

Commission v France

Failure of a Member State to fulfil obligations - State aid - Aid granted to Scott Paper SA/Kimberly-Clark - Obligation of recovery - Non-execution owing to the application of a national procedure - National procedural autonomy - Limits - -National procedure allowing immediate and effective execution- for the purposes of Article 14(3) of Regulation (EC) No 659/1999 - National procedure providing that actions brought against demands for payment issued by national authorities have suspensory ef...

Opinions nº C-356/05 of Court of Justice of the European Communities, of October 05, 2006

Insurance against civil liability - Compulsory insurance of motor vehicles - Passengers in a vehicle

Judgments nº C-290/05 of Court of Justice of the European Communities, of October 05, 2006

Internal taxation - Registration duty on motor vehicles - Used motor vehicles - Importation

October 03, 2006

Commission v Belgium

Failure of a Member State to fulfil obligations - Articles 18, 39, 43, 49 and 56 of the EC Treaty and Articles 28, 31, 36 and 40 of the EEA Agreement - Articles 5(1) and 53(2) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (OJ 2002 L 345, p. 1) - Tax legislation which in particular provides for less favourable treatment of contributions to occupational pension schemes paid to insurance undertakings established abroad, taxes i...

Banca popolare di Cremona

Sixth VAT Directive - Article 33(1) - Prohibition on the levying of other domestic taxes which can be characterised as turnover taxes - Definition of -turnover taxes- - Italian regional tax on productive activities

September 28, 2006

Commission v Austria

Failure of a Member State to fulfil obligations - Sixth VAT Directive - International transport undertakings established in another Member State - Annual turnover in Austria of EUR 22 000 or less - Simplified procedures for charging and collecting the VAT

van Straaten

Convention implementing the Schengen Agreement - Ne bis in idem principle -Meaning of -the same acts- and of -trial disposed of- - Exporting in one State and importing in another State - Acquittal of the accused

Gasparini and Others

Convention implementing the Schengen Agreement - Article 54 - Ne bis in idem principle - Scope - Acquittal of the accused because their prosecution for the offence is time-barred

Commission v Netherlands

Failure of a Member State to fulfil obligations - Articles 56(1) EC and 43 EC - Special shares (-golden shares-) of the Netherlands State in the companies KPN and TPG - Distinction between -controlling holding-, -direct investment- and -portfolio investment- in the context of fundamental freedoms - -State measure- for the purposes of fundamental freedoms - Guarantee of universal postal service