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51 records in EU in 2016

Records

Record· CJCELEX 62015CJ0201decided

Judgment of the Court (Grand Chamber) of 21 December 2016.#Anonymi Geniki Etairia Tsimenton Iraklis (AGET Iraklis) v Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis.#Request for a preliminary ruling from the Symvoulio tis Epikrateias.#Reference for a preliminary ruling — Directive 98/59/EC — Approximation of the laws of the Member States relating to collective redundancies — Article 49 TFEU — Freedom of establishment — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — National legislation conferring upon an administrative authority the power to oppose collective redundancies after assessing the conditions in the labour market, the situation of the undertaking and the interests of the national economy — Acute economic crisis — Particularly high national unemployment rate.#Case C-201/15.

European Union · Court of Justice of the European Union · 21 December 2016

Record· CJCELEX 62015CJ0203decided

Judgment of the Court (Grand Chamber) of 21 December 2016.#Tele2 Sverige AB v Post- och telestyrelsen and Secretary of State for the Home Department v Tom Watson and Others.#Requests for a preliminary ruling from the Kammarrätten i Stockholm and the Court of Appeal (England & Wales) (Civil Division).#Reference for a preliminary ruling — Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Directive 2002/58/EC — Articles 5, 6 and 9 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 11 and Article 52(1) — National legislation — Providers of electronic communications services — Obligation relating to the general and indiscriminate retention of traffic and location data — National authorities — Access to data — No prior review by a court or independent administrative authority — Compatibility with EU law.#Joined Cases C-203/15 and C-698/15.

European Union · Court of Justice of the European Union · 21 December 2016

Record· CJCELEX 62015CJ0119decided

Judgment of the Court (Fifth Chamber) of 21 December 2016.#Biuro podróży 'Partner' Sp. z o.o, Sp. komandytowa w Dąbrowie Górniczej v Prezes Urzędu Ochrony Konkurencji i Konsumentów.#Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie.#References for a preliminary ruling — Directive 93/13/EEC — Directive 2009/22/EC — Consumer protection — Erga omnes effect of unfair terms entered in a public register — Financial penalty imposed on a seller or supplier having used a term held to be equivalent to a term in the register — Seller or supplier who was not a party to the proceedings giving rise to the declaration that the term in question was unfair — Article 47 of the Charter of Fundamental Rights of the European Union — Concept of ‘court or tribunal against whose decisions there is no judicial remedy under national law’.#Case C-119/15.

European Union · Court of Justice of the European Union · 21 December 2016

Report· CCCELEX 62016CC0017decided

Opinion of Advocate General Mengozzi delivered on 21 December 2016.#Oussama El Dakkak and Intercontinental SARL v Administration des douanes et droits indirects.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling — Regulation (EC) No 1889/2005 — Controls of cash entering or leaving the European Union — Article 3(1) — Natural person entering or leaving the European Union — Obligation to declare — International transit area of a Member State’s airport.#Case C-17/16.

European Union · Court of Justice of the European Union · 21 December 2016

Record· CJCELEX 62015CJ0444decided

Judgment of the Court (Third Chamber) of 21 December 2016.#Associazione Italia Nostra Onlus v Comune di Venezia and Others.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto.#Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(3) — Plans and programmes which require an environmental assessment only where the Member States determine that they are likely to have significant environmental effects — Validity in the light of the TFEU and the Charter of Fundamental Rights of the European Union — Meaning of use of ‘small areas at local level’ — National legislation referring to the size of the areas concerned.#Case C-444/15.

European Union · Court of Justice of the European Union · 21 December 2016

Record· CJCELEX 62015CJ0539decided

Judgment of the Court (Sixth Chamber) of 21 December 2016.#Daniel Bowman v Pensionsversicherungsanstalt.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2) — Discrimination on grounds of age — Collective labour agreement — Extension of the period of advancement from the first to the second step in the salary scale — Indirect unequal treatment on grounds of age.#Case C-539/15.

European Union · Court of Justice of the European Union · 21 December 2016

Record· CJCELEX 62014CJ0503decided

Judgment of the Court (Fourth Chamber) of 21 December 2016.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations — Articles 21 TFEU, 45 TFEU and 49 TFEU — Articles 28 and 31 of the Agreement on the European Economic Area — Freedom of movement for persons — Freedom of movement for workers — Freedom of establishment — Taxation of natural persons on capital gains resulting from a share exchange — Taxation of natural persons on capital gains resulting from a transfer of all the assets used in the exercise of a business or professional activity — Exit taxation of individuals — Immediate recovery of taxation — Difference in treatment between natural persons who exchange shares and maintain their residence in the national territory and those who make such an exchange and transfer their residence to the territory of another Member State of the European Union or the European Economic Area — Difference in treatment between natural persons transferring all the assets related to an activity carried out on an individual basis to a company with its head office and effective management in Portugal and those who carry out such a transfer to a company with its head office or its effective management in the territory of another Member State of the European Union or of the European Economic Area — Proportionality.#Case C-503/14.

European Union · Court of Justice of the European Union · 21 December 2016

Record· CJCELEX 62015CJ0131decided

Judgment of the Court (First Chamber) of 21 December 2016.#Club Hotel Loutraki AE and Others v European Commission.#Appeal — State aid — Operation of Video Lottery Terminals — Grant by a Member State of an exclusive licence — Decision finding no State aid — Article 108(3) TFEU — Regulation (EC) No 659/1999 — Articles 4, 7 and 13 — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Date of the assessment — Article 296 TFEU — Charter of Fundamental Rights of the European Union — Article 41 — Obligation to state reasons — Article 47 — Right to effective judicial protection — Article 107(1) TFEU — Concept of ‘economic advantage’ — Joint assessment of the measures notified.#Case C-131/15 P.

European Union · Court of Justice of the European Union · 21 December 2016

Report· CCCELEX 62014CC0258decided

Opinion of Advocate General Bot delivered on 21 December 2016.#Eugenia Florescu and Others v Casa Judeţeană de Pensii Sibiu and Others.#Request for a preliminary ruling from the Curtea de Apel Alba Iulia.#Reference for a preliminary ruling — Article 143 TFEU — Difficulties as regards the balance of payments of a Member State — Financial assistance from the European Union — Memorandum of understanding concluded between the European Union and the Member State in receipt of the assistance — Social policy — Principle of equal treatment — National legislation prohibiting the combining of a public retirement pension with employment income from a professional activity carried out in a public institution — Different treatment of persons occupying posts whose term is laid down in the constitution and of professional judges and law officers.#Case C-258/14.

European Union · Court of Justice of the European Union · 21 December 2016

Report· CCCELEX 62015CC0002(01)decided

Opinion of Advocate General Sharpston delivered on 21 December 2016.#Opinion pursuant to Article 218(11) TFEU.#Opinion pursuant to Article 218(11) TFEU — Free Trade Agreement between the European Union and the Republic of Singapore — ‘New generation’ trade agreement negotiated after the entry into force of the EU and FEU Treaties — Competence to conclude the agreement — Article 3(1)(e) TFEU — Common commercial policy — Article 207(1) TFEU — Trade in goods and services — Foreign direct investment — Public procurement — Commercial aspects of intellectual property — Competition — Trade with third States and sustainable development — Social protection of workers — Environmental protection — Article 207(5) TFEU — Services in the field of transport — Article 3(2) TFEU — International agreement which may affect common rules or alter their scope — Rules of secondary EU law concerning freedom to provide services in the field of transport — Non-direct foreign investment — Article 216 TFEU — Agreement necessary in order to achieve one of the objectives of the Treaties — Free movement of capital and of payments between Member States and third States — Succession of treaties concerning investment — Replacement of the investment agreements between Member States and the Republic of Singapore — Institutional provisions of the agreement — Investor-State dispute settlement — Dispute settlement between the Parties.#Opinion 2/15.

European Union · Court of Justice of the European Union · 21 December 2016

Report· CCCELEX 62015CC0535decided

Opinion of Advocate General Tanchev delivered on 21 December 2016.#Freie und Hansestadt Hamburg v Jost Pinckernelle.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling — Registration, evaluation, authorisation and restriction of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — General obligation to register and information requirements — Unregistered chemicals — Export of unregistered chemicals outside the territory of the European Union.#Case C-535/15.

European Union · Court of Justice of the European Union · 21 December 2016

Directive· LCELEX 32017L0159in force

Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) (Text with EEA relevance. )

European Union · EUR-Lex · 19 December 2016

Report· DCCELEX 52016DC0795open

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Interim Report on the participation of the European Union in the capital increase of the European Investment Fund and the pertinent increase of the European Investment Fund's support of actions in favour of enterprises, particularly small and medium sized enterprises pursuant to Article 4 of Decision No 562/2014/EU of the European Parliament and the Council of 15 May 2014 on the participation of the European Union in the capital increase of the European Investment Fund

European Union · European Commission · 19 December 2016

Record· TJCELEX 62004TJ0199(01)decided

Judgment of the General Court (Fifth Chamber) of 15 December 2016.#Gul Ahmed Textile Mills Ltd v Council of the European Union.#Dumping — Imports of cotton-type bed linen originating in Pakistan — Interest in bringing proceedings — Initiation of the investigation — Constructed normal value — Manifest error of assessment — Rights of the defence — Obligation to state reasons — Right to be heard at a hearing — Comparison between the normal value and the export price — Drawback of import duties — Adjustment — Injury — Causal link — WTO law.#Case T-199/04 RENV.

European Union · Court of Justice of the European Union · 15 December 2016

Record· TJCELEX 62015TJ0212decided

Judgment of the General Court (Seventh Chamber) of 15 December 2016.#Aldi GmbH & Co. KG v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for EU figurative mark Gourmet — Earlier national word and figurative marks GOURMET and Gourmet — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009.#Case T-212/15.

European Union · Court of Justice of the European Union · 15 December 2016

Record· CJCELEX 62015CJ0644decided

Judgment of the Court (Seventh Chamber) of 15 December 2016.#Hungary v European Commission.#Appeal — Regulation (EC) No 1234/2007 — Common organisation of agricultural markets — Fruit and vegetable sector — Article 103e — National financial assistance granted to producer organisations in the fruit and vegetable sector — Regulation (EC) No 1580/2007 — Article 97 — Commission decision concerning the reimbursement by the European Union of the national financial assistance granted by Hungary to producer organisations.#Case C-644/15 P.

European Union · Court of Justice of the European Union · 15 December 2016

Record· TJCELEX 62015TJ0678decided

Judgment of the General Court (Ninth Chamber) of 15 December 2016.#Novartis AG v European Union Intellectual Property Office.#EU trade mark — Applications for EU figurative trade marks representing a grey curve and representing a green curve — Absolute ground for refusal — Distinctive character — Simplicity of the sign — Article 7(1)(b) of Regulation (EC) No 207/2009.#Joined Cases T-678/15 and T-679/15.

European Union · Court of Justice of the European Union · 15 December 2016

Record· TJCELEX 62013TJ0112decided

Judgment of the General Court (Fifth Chamber) of 15 December 2016.#Mondelez UK Holdings & Services Ltd, formerly Cadbury Holdings Ltd v European Union Intellectual Property Office.#EU trade mark — Invalidity proceedings — Three-dimensional mark — Shape of a chocolate bar — Absolute ground for refusal — No distinctive character — Distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009.#Case T-112/13.

European Union · Court of Justice of the European Union · 15 December 2016

Record· TJCELEX 62015TJ0529decided

Judgment of the General Court (First Chamber) of 15 December 2016.#Intesa Sanpaolo SpA v European Union Intellectual Property Office.#EU trade mark — Application for EU figurative mark START UP INITIATIVE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009.#Case T-529/15.

European Union · Court of Justice of the European Union · 15 December 2016

Record· TJCELEX 62015TJ0391decided

Judgment of the General Court (Fifth Chamber) of 15 December 2016.#Aldi GmbH & Co. KG v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for EU word mark ALDIANO — Earlier EU word mark ALDI — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Rule 22(3) of Regulation (EC) No 2868/95.#Case T-391/15.

European Union · Court of Justice of the European Union · 15 December 2016

Record· CJCELEX 62015CJ0256decided

Judgment of the Court (Fifth Chamber) of 15 December 2016.#Drago Nemec v Republika Slovenija.#Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije.#Reference for a preliminary ruling — Directive 2000/35/EC — Combating late payment — Jurisdiction of the Court — Transaction concluded before the accession of the Republic of Slovenia to the European Union — Scope — Concept of ‘commercial transaction’ — Concept of ‘undertaking’ — Maximum amount of interest for late payment.#Case C-256/15.

European Union · Court of Justice of the European Union · 15 December 2016

Report· CCCELEX 62015CC0652decided

Opinion of Advocate General Mengozzi delivered on 15 December 2016.#Furkan Tekdemir v Kreis Bergstraße.#Request for a preliminary ruling from the Verwaltungsgericht Darmstadt.#Reference for a preliminary ruling — Association Agreement between the European Union and Turkey — Decision No 1/80 — Article 13 — ‘Standstill’ clause — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Existence of an overriding reason in the public interest justifying new restrictions — Efficient management of migration flows — Requirement for nationals of third countries under 16 years old to hold a residence permit — Proportionality.#Case C-652/15.

European Union · Court of Justice of the European Union · 15 December 2016

Record· TJCELEX 62015TJ0745decided

Judgment of the General Court (Seventh Chamber) of 14 December 2016.#Scorpio Poland, formerly FH Scorpio v European Union Intellectual Property Office.#European Union trade mark — Opposition proceedings — Application for EU figurative mark YO! — Prior national work mark YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.#Case T-745/15.

European Union · Court of Justice of the European Union · 14 December 2016

Record· TJCELEX 62015TJ0397decided

Judgment of the General Court (Sixth Chamber) of 14 December 2016.#PAL-Bullermann GmbH v European Union Intellectual Property Office.#EU trade mark — Revocation proceedings — EU figurative mark PAL — Partial revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing from the registered mark — Rule 22(3) and (4) of Regulation (EC) No 2868/95.#Case T-397/15.

European Union · Court of Justice of the European Union · 14 December 2016

Record· TJCELEX 62015TJ0366decided

Judgment of the General Court (Appeal Chamber) of 14 December 2016.#Viara Todorova Androva v Council of the European Union.#Appeal — Civil Service — Officials — Promotion — 2011 promotion procedure — Non-inclusion on the list of officials eligible for promotion — Action at first instance dismissed — Article 45 of the Staff Regulations — Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP — Equal treatment — Obligation to state reasons — Burden of proof — Obligation on the court hearing the substantive application to investigate — Plea of illegality — Rule of correspondence between the complaint and the action before the EU Courts.#Case T-366/15 P.

European Union · Court of Justice of the European Union · 14 December 2016

Record· COCELEX 62016CO0484decided

Order of the Court (Ninth Chamber) of 13 December 2016.#Criminal proceedings against Antonio Semeraro.#Request for a preliminary ruling from the Giudice di pace di Taranto.#Reference for a preliminary ruling — Manifest lack of jurisdiction — Article 53(2) of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — Directive 2012/29/EU — Article 2(1)(a) — Minimum standards on the rights, support and protection of victims of crime — Charter of Fundamental Rights of the European Union — Articles 49, 51, 53 and 54 — Offence of defamation — Repeal by the national legislature of the offence of defamation — Lack of connection to EU law — Manifest lack of jurisdiction of the Court.#Case C-484/16.

European Union · Court of Justice of the European Union · 13 December 2016

Record· TJCELEX 62015TJ0549decided

Judgment of the General Court (Fourth Chamber) of 13 December 2016.#Ramón Guiral Broto v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for the EU figurative mark CAFE DEL SOL — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence.#Case T-549/15.

European Union · Court of Justice of the European Union · 13 December 2016

Record· TJCELEX 62016TJ0024decided

Judgment of the General Court (Second Chamber) of 13 December 2016.#Sovena Portugal - Consumer Goods, SA v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark FONTOLIVA — Earlier national word mark FUENOLIVA — Relative ground for refusal — Validity of the registration of the earlier mark — Submission of new facts and evidence before the General Court — Genuine use of the earlier mark — Power to alter — Article 8(1)(b), Article 42(2) and (3) and Articles 65 and 76 of Regulation (EC) No 207/2009.#Case T-24/16.

European Union · Court of Justice of the European Union · 13 December 2016

Record· TJCELEX 62016TJ0058decided

Judgment of the General Court (Ninth Chamber) of 13 December 2016.#Apax Partners LLP v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for the EU word mark APAX — Earlier international word mark APAX — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009.#Case T-58/16.

European Union · Court of Justice of the European Union · 13 December 2016

Record· TJCELEX 62015TJ0548decided

Judgment of the General Court (Fourth Chamber) of 13 December 2016.#Ramón Guiral Broto v European Union Intellectual Property Office.#EU trade mark — Opposition proceedings — Application for the EU word mark Café del Sol — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence.#Case T-548/15.

European Union · Court of Justice of the European Union · 13 December 2016

Decision· DCELEX 32016D2355in force

Council Decision (EU) 2016/2355 of 12 December 2016 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the establishment of a list of arbitrators

European Union · EUR-Lex · 12 December 2016

Decision· DCELEX 32017D0043in force

Council Decision (EU) 2017/43 of 12 December 2016 on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

European Union · EUR-Lex · 12 December 2016

Decision· DCELEX 32016D2342in force

Council Decision (EU) 2016/2342 of 12 December 2016 on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, to take account of the accession of the Republic of Croatia to the European Union

European Union · EUR-Lex · 12 December 2016

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