LEY 166-03 PDF

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Lonh Jewelry Representation of a cross. Party in the main proceedings. Operative part of the judgment. It is for the referring court to ensure, taking into account all of ely circumstances in the main proceedings, that the actual disadvantage resulting for the person concerned from the application of the national legislation at issue in the main proceedings and from the duplication of the proceedings and penalties that that legislation authorises is not excessive in relation to the seriousness of the offence committed.

Parties to the main proceedings. On the contrary, in such a situation it falls le the holders of the claims to choose to be compensated by one or other of the schemes laid down in national law to implement those two directives.

European Commission represented by: Killmann, acting as Agents. Republic of Austria represented by: Fruhmann, acting as Agent.

Orders the Republic of Austria to bear its own costs and to pay four fifths of the costs of the European Commission, and the Commission to bear one fifth of its own costs.

Vila Gisbert and I. Other party 166-0 the proceedings: It is for the Member States, in compliance with EU law and, in the present case, the freedom of establishment in particular, to provide detailed rules for offsetting and calculating that capital loss.

Reference for a preliminary ruling – Lej between the European Community le its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Direct taxation – Transfer of the place of residence from a Member State to Switzerland – Taxation of unrealised gains on significant shareholdings in a number of companies established in the Member State of origin at the time of such transfer – Scope of the Agreement.

Ministre des Finances et des Comptes publics.

European Union Copper Task Force represented by: Moreno-Tapia Rivas, abogadas, and by M. Those provisions do not have direct effect, but it is for the national court to give an interpretation of national procedural law which, to the fullest extent possible, is 1666-03 with them.

EU law must be interpreted as precluding legislation of a Member State under which, in circumstances such as those at issue in the main proceedings in which the value added tax VAT was charged to the taxable person and paid by it several years after delivery of the goods in question, the benefit of the right to claim a refund of VAT is denied on the grounds that the limitation period provided for by that legislation for the exercise of that right began to run from the date of supply and expired before the application for a refund was submitted.


Klein Schiphorst v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen. Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen.

By contrast, that court does not have jurisdiction to review whether the initial marketing authorisation for the reference medicinal product granted in another Member State was granted in accordance with that directive. Party to the main proceedings. Czech Republic represented by: Operative part of the order. Are the functions of a court of second instance limited by the fact that the judgment at first instance granted limited effect to a declaration of unfairness, and the judgment has not been appealed against by the consumer but only by the seller or supplier, who included the term, in order to dispute the unfairness of the term or any effects arising from the declaration that the term was unfair?

Would the answer to question 2 be different if the State could have achieved equivalent savings by reducing the pay of all teachers by a significantly lesser amount than the reduction applied only to newly recruited teachers? Would the answer to questions 2 or 3 be different if the decision not to reduce the salary scales applicable to teachers already in employment was taken in compliance with a collective agreement between the Government as an employer and the trade unions representing public service workers whereby the Government committed not to further lfy the pay of existing public servants who had already been subject to pay cuts and the industrial relations consequences that would flow from a failure to comply with that agreement, having regard to the fact that the new pay scale introduced in did not form part of such a collective agreement?

Minister for Justice and Equality. Rampal Olmedo and M. Leey Gomis, acting as Agents. Intervener in leyy of the defendant: Sipos, acting as Agents. Civil Service – Officials – Call for an expression of interest – Secretary General of the office of the European Ombudsman – Opinion of the Advisory Committee – Failure to take that opinion into consideration – Infringement of the selection procedure – Manifest errors of assessment – Equal treatment – Principle of sound administration – Liability.

Costas Popotas Luxembourg, Luxembourg represented by: European Ombudsman represented by: Antoniadis, acting as Agents, and by A. European Union Intellectual Property Office represented by: Crespo Carrillo, acting as Agent.

Ivanauskas, acting as Agents. Zaera Cuadrado, acting as Agent. Folliard-Monguiral, acting as Agents. Warsaw, Poland represented by: Herrmann, acting as Agents. There is no longer any need to adjudicate on the applications for leave to intervene.

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The Federal Republic of Germany shall bear its own costs relating to the interlocutory proceedings. KG and Gazprom Eksport LLC shall each bear their own respective costs relating to the applications for leave to intervene.

Interim proceedings – Access to documents – Documents relating to the administrative procedure prior to the adoption of a Commission decision on State aid implemented by Spain in favour of three professional football clubs – Rights of the defence – Refusal of access – Application for provisional measures – Lack of urgency. European Commission represented initially by: University of Koblenz-Landau Mainz, Germany represented by: Pleas in law and main arguments.


First plea in law, alleging infringement of the principle of the right to a fair hearing. The applicant complains that a premature definitive decision was reached, despite it being known that, without fault of the applicant, it was objectively impossible on the date of the decision for the documents proving appropriate use of funds to be submitted.

Third plea in law, alleging a failure to state adequate reasons for the recovery measures. The recovery notices contain only superficial, general comments without discussions of specific cases and their content is therefore incomprehensible.

The recovery of the entire amount can only 166-033 used as a measure of last resort in certain exceptional circumstances, which are not present in the instant case. This plea is divided into four branches:. Ltd British Virgin Islands represented by: Other party to the proceedings before the Board of Appeal: Sintema Sport Srl Albiate, Italy. Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal.

Trade mark at issue: Proceedings for a declaration of invalidity. Applicant of the trade mark at issue: First plea in law, alleging breach of the lry principle of equal treatment and non-discrimination:.

Second plea in law, alleging breach of the fundamental principle of protection of property rights:.

Second plea in law, alleging the respect by the applicant of the principle of reasonable delay in the submission of the request for assistance.

Robertson, QC, and G. In support of the action, the applicant relies on the following pleas in law, alleging that: Adonis Papaconstantinou Nicosia, Cyprus and others represented by: In support of their action, the applicants take the view that the Commission has an obligation under EU law to remedy the situation. KG Waiblingen, Germany represented by: Giro Travel Company Roman, Romania.

Damien Bruel Paris, France represented by: Porsche AG Stuttgart, Germany represented by: Autec AG Nuremberg, Germany. Proprietor of the design at issue: Brita GmbH Taunusstein, Germany represented by: KG to bear their own costs and pay those of the Appelant.

The President of the Fourth Chamber has ordered that the case be removed from the register. This site uses cookies to improve your browsing experience. Would you like to keep them?

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Skip to main content. This document is an excerpt from the EUR-Lex website. EU case law Case law Digital reports Directory of case law. Need more oey options? Use the Advanced search. Help Print this page. Expand all Collapse all. Languages and formats available. Procura della Repubblica Operative part of the judgment 1. Killmann, acting as Agents Defendant: Fruhmann, acting as Agent Operative part of the judgment The Court: Dismisses the action as to the remainder; 3. Moreno-Tapia Rivas, abogadas Other party to the proceedings: Dismisses the appeal; 2.

Miserendino, abogado Other party to the proceedings: