CASES IN THE COURT OF JUSTICE.
Wednesday May 26
- Hearing C-126/03 Commission v Germany, Company law. Failure of a Member State to fulfil obligations - Articles 8 and 11(1) of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts - Contract relating to the transport of waste concluded by the City of Munich with a subcontractor without the previous publication required at Community level.
- Hearing C-27/02 Engler, Judgments Convention/Enforcement of judgments. Preliminary ruling - Interpretation of the Brussels Convention, Article 13(3) (contract concluded by consumer in consequence of a specific invitation addressed to him or of advertising), Article 5(1) (matters relating to a contract) and (3) (tort, delict, or quasi-delict) - National consumer-protection legislation providing for a right to claim a prize allegedly won by the addressee of misleading advertising.
- Hearing Joined Cases C-453/02, C-462/02 Linneweber, Taxation. Reference for a preliminary ruling - Interpretation of Article 13B(f) of the Sixth VAT Directive (77/388/EEC) - Exemption for betting, lotteries and other forms of gambling - National legislation exempting slot-machines provided they are installed in licensed public casinos.
Thursday May 27
- Advocate-General's Opinion C-16/03 Peak Holding, Approximation of laws. Interpretation of Article 7(1) of First Council Directive to approximate the laws of the Member States relating to trademarks (89/104/EEC) - Exhaustion of the right - "Goods which have been put on the market" - Determination of the time of putting on the market (import and payment of import duties with the intention of selling; display for sale in the shop of the owner of the trademark; delivery to another undertaking which undertakes to export them outside the EEA).
- Judgment C-285/02 Elsner-Lakeberg, Social policy. Interpretation of Article 141 EC and of Council Directive 75/114/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women - Requirement for public officials to work, on request, a limited number of additional hours without supplementary pay - Indirect discrimination against women working part-time.
- Judgment C-68/03 Lipjes, Taxation. Interpretation of Article 28(b)(E)(3) of the Sixth VAT directive (77/388/EEC) - Place of performance of services provided by intermediaries involved in transactions other than transport or those mentioned in Article 9(2)(e) of the Sixth Directive - Services of an agency involved in the sale of a pleasure boat by one individual to another (non-taxable persons) established in two different Member States.
- Advocate-General's Opinion C-299/02 Commission v Netherlands, Freedom of establishment. Failure by a State to comply with its obligations - Articles 43 and 48 EC - Nationality conditions in respect of the owners of vessels (or managers of companies owning them) which fly the Netherlands flag - Nationality and residence conditions in respect of the operators of vessels (or managers of companies operating them) which fly the Netherlands flag.
- Hearing C-277/02 EU-Wood-Trading, Environment and consumers. Interpretation of the first and second indents of Article 7(4) of Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community - Waste for recovery - Competence of the authorities of the State of dispatch to raise objections against the planned recovery.
- Hearing C-460/01 Commission v Netherlands, Customs union. Failure by a State to comply with its obligations - Commission Regulation No 2454/93 laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code and Articles 2 and 9 to 11 of Council Regulation No 1552/89 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources - Failure to initiate, within the time-limit prescribed, the procedures for recovery of import duties due on account of non-compliance with the conditions governing external transit - Failure to pay, within the time-limit prescribed, the corresponding own resources and default interest.
- Hearing C-104/02 Commission v Germany, Customs Union. Failure by a State to comply with its obligations - Article 49 of Commission Regulation (EEC) No 1214/92 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure, Article 379 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, Article 2(1) of Council Regulation (EEC, Euratom) No 1552/89 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources - Failure to initiate, within the prescribed time-limit, proceedings for the recovery of custom duties following non-compliance with external transit procedures - Failure to transfer corresponding own resources within the time-limit prescribed and to pay default interest.
- Advocate-General's Opinion C-366/02 Gschossmann, Agriculture. Interpretation of Article 9 of Council Regulation No 1765/92 and of Article 7 of Council Regulation 1251/99 establishing a support system for producers of certain arable crops - "Under permanent crops" - Apple orchard no longer being cultivated or harvested and due to be, or already, felled.
- Judgment C-398/02 Commission v Spain, Environment and consumers. Failure by a Member State to fulfil its obligations - Failure to ensure the application of Articles 4, 9 and 13 of Council Directive 75/442/EEC on waste as regards an illegal disposal site in La Baneza (Leon, Spain).
COURT OF FIRST INSTANCE
Monday May 24
- Hearing T-43/02 Jungbunzlauer v Commission, Competition. Annulment of Decision C(2001) 3923 final of 15 December 2001 concerning a procedure under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/36.604 - Citric acid), relating to a cartel in the citric acid market, alternatively reduction of the fine imposed on the applicant.
Tuesday May 25
- Judgment T-154/01 Distilleria Palma v Commission, Agriculture. Direct action - Action for damages seeking compensation for the damage allegedly suffered by the applicant as a result of the Commission's refusal to authorise the destruction of a quantity of residual alcohol allocated to the applicant as part of the Special Procedure No 8/90 concerning sale of vinous alcohol for use as motor fuel within the Community, deriving from the distillation referred to in Articles 33, 35 and 39 of Regulation (EEC) No 822/89 and held by the intervention agencies.
-Hearing T-209/01 Honeywell International v Commission, Competition. Annulment of Commission Decision C(2001)1746 final relating to a proceeding under Council Regulation (EEC) No 4064/89 (Case No COMP/M.2220 - General Electric/Honeywell), declaring a concentration whereby Honeywell was acquired by General Electric to be incompatible with the common market.
- Hearing T-325/01 DaimlerChrysler v Commission, Competition. Annulment of Commission Decision C(2001)3028 final relating to a procedure under Article 81 of the EC Treaty concerning measures taken by DaimlerChrysler in the context of distribution of Mercedes-Benz motor vehicles (Case COMP/36.264 - Mercedes-Benz), or, in the alternative, reduction of the fine imposed on the applicant.
Wednesday May 26
- Hearing Joined Cases T-69/00, T-151/00, T-301/00, T-320/00, T-383/00, T-135/01 FIAMM and FIAMM Technologies v Council and Commission, External relations. Application for compensation in respect of loss allegedly suffered by the applicants following retaliatory measures applied by the American authorities to a series of Community products, including batteries produced and exported by the applicants, in the context of the dispute over the European scheme for importing bananas.
Thursday May 27
- Hearing T-210/01 General Electric v Commission, Competition. Annulment of Commission Decision C(2001)1746 final relating to a proceeding under Council Regulation (EEC) 4064/89 (General Electric/Honeywell), declaring a concentration whereby Honeywell was acquired by General Electric to be incompatible with the common market.