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CASES IN THE EUROPEAN COURT OF JUSTICE.

Tuesday November 23

- Hearing C-255/02 Halifax and Others: Taxation. VAT and Duties Tribunal, London. Interpretation of articles on the harmonisation of the laws of the Member States relating to turnover taxes .Common system of value added tax: uniform basis of assessment: transactions carried out with the sole intention of obtaining a tax advantage

- Hearing C-419/02 BUPA Hospitals and Goldsborough Developments: Taxation. High Court of Justice (Chancery Division). Interpretation of articles on the harmonisation of the laws of the Member States relating to turnover taxes .Common VAT system: uniform basis of assessment: contracts between companies for the delivery of medicines and prostheses with the sole intention of obtaining a tax advantage

- Hearing C-223/03 University of Huddersfield Higher Education Corporation: Taxation. Interpretation of VAT Directive. Supply of goods and services subject to VAT. Lease contracts concluded with the sole intention of obtaining a tax advantage

- Advocate-General's Opinion C-412/03 Hotel Scandic Gasaback. Taxation. Reference for a preliminary ruling. Regeringsratten. Interpretation of articles on the harmonisation of the laws of the Member States relating to turnover taxes. Common VAT system: uniform basis of assessment. Treatment as supplies made for consideration of withdrawal by a taxable person of goods from his business for his private use or that of his staff or disposal thereof free of charge.

Wednesday November 24

- Hearing C-464/02 Commission v Denmark: Free movement of people. Failure by a Member State to fulfil its obligations. Conditions under which workers resident in Denmark and employed outside Denmark may use motor vehicles that have been registered by their employers outside Denmark.

-Hearing C-452/03 RAL (Channel Islands) and Others: Taxation. Preliminary ruling - Interpretation of Articles on the harmonisation of the laws of the Member States relating to turnover taxes. Arrangements for the refund of value added tax to taxable persons not established in Community territory. Group of companies incorporated under English law operating slot machines and similar devices in amusement arcades in the United Kingdom, such machines having been hired from a subsidiary governed by the laws of a third country (Guernsey) to which a related company has licensed the use of its premises.

- Advocate-General's Opinion C-264/03 Commission v France: Company law. Failure of a Member State to fulfil obligations. Council Directive relating to the coordination of procedures for the award of public service contracts. National legislation which reserves the task of delegated supervision of work to an exhaustive list of legal entities governed by French law.

- Hearing C-519/03 Commission v Luxembourg: Social policy. Failure of a Member State to fulfil obligations on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC. Substitution of maternity leave for parental leave. Date from which individual rights to parental leave are granted.

Thursday November 25

- Judgment C-109/03 KPN Telecom: Freedom to provide services. Interpretation of Directive of the European Parliament and of the Council on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment. Supply of directory services.

- Advocate-General's Opinion C-266/03 Commission v Luxembourg: Transport. Failure of a Member State to fulfil its obligations. Infringement of Article laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State and Council Regulation on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such services.

- Hearing C-385/03 Kaserei Champignon Hofmeister: Agriculture. Interpretation of Article laying down common detailed rules for the application of the system of export refunds on agricultural products. Request for an export refund in respect of only some of the products listed in the export declaration.

- Hearing C-147/03 Commission v Austria: Social policy. Failure of a Member State to fulfil obligations. Discrimination in access to university education. National rules requiring holders of a secondary school leaving examination certificate obtained in another Member State to satisfy the specific requirements laid down by that State (restricted admission, entrance examination) in order to be able to have access to a university education, whereas no conditions are imposed on holders of national certificates.

- Hearing C-291/03 MyTravel: Taxation. Interpretation of Article of the Sixth VAT Directive. Special scheme of taxation for travel agents and tour operators. Travel packages consisting partly of in-house services and partly of services bought in from third parties. Method of calculating VAT.

- Judgment C-447/03 Commission v Italy: Environment and consumers. Failure of a Member State to fulfil obligations. Council Directive on waste. Failure to comply with Articles in relation to Enichem's Manfredonia site.

- Hearing C-165/03 Langst and Others: Taxation. Request for a preliminary ruling. Landgericht Stuttgart. Interpretation of Council Directive concerning indirect taxes on the raising of capital as amended by Council Directive in the light of charges levied by a notary, who is a civil servant, in connection with a transaction covered by the directive. A fixed part of the charges received by the notary paid into the State budget.

COURT OF FIRST INSTANCE

Tuesday November 23

- Hearing T-386/03 Deutsche Telekom v OHMI - ClientLogic (DTel): Intellectual property. Community trade mark. Action brought by the applicant seeking registration of the word mark "Dtel" in respect of goods and services in Classes 9, 37, 38 and 42 against Decision of the Office for Harmonisation in the Internal Market (OHIM) granting in part the appeal brought against the decision of the Opposition Division rejecting the opposition entered by the proprietor of the national word mark "TETEL" for goods and services in Classes 9, 37 38 and 42.

- Hearing T-131/03 Sinziger Mineralbrunnen v OHMI - Kerry (KERRY Spring): Intellectual property. Community trade mark. Action brought by the proprietor of the national word mark "GERRI" for goods in Classes 5 and 32 against Decision of the Office for Harmonisation in the Internal Market (OHIM) dismissing the appeal brought against the decision of the Opposition Division rejecting the opposition entered against the application for registration of the figurative Community trade mark "KERRY Spring" in respect of certain goods in Class 32.

- Judgment T-166/98 Cantina sociale di Dolianova and Others v Commission: Agriculture. First, annulment of Commission decision, rejecting the claim by the applicants for payment of aid for distillation in the 1982/83 marketing year and, secondly, the Commission to be ordered to pay a certain amount to the applicant by way of compensation for damage allegedly suffered as a result of the contested decision.

- Hearing T-286/03 Gillette v OHMI - Wilkinson Sword (RIGHT GUARD XTREME sport): Intellectual property. Community trade mark. Action brought by the applicant seeking registration of the figurative mark "XTREME RIGHT GUARD sport" in respect of goods in Class 3 against Decision of the Office for Harmonisation in the Internal Market (OHIM) annulling the decision of the Opposition Division.

- Judgment T-84/03 Turco v Council: Law governing the institutions. Annulment of the Council's decision partially refusing the applicant's application for access to certain documents appearing on the agenda of the 2455th Justice and Home Affairs Council meeting of 14 and 15 October 2002.

- Judgment T-360/03 Frischpack v OHMI: Intellectual property. Community trade mark. Annulment of Decision of the Office for Harmonisation in the Internal Market (OHIM) dismissing the appeal brought against the decision of the examiner refusing registration of a three-dimensional mark in the form of a cheese box for certain goods in Class 29.

Wednesday November 24

- Hearing T-32/03 Leder & Schuh v OHMI - Schuhpark Fascies (Jello Schuhpark): Intellectual property. Community trade mark. Action for annulment by the applicant for word mark "Jello Schuhpark" in respect of products in Classes 18, 25 and 28, against Decision of the Office for Harmonisation in the Internal Market (OHIM), dismissing the appeal against the decision of the Opposition Division partially refusing registration of that trade mark in the context of the opposition proceedings brought by the owner of the word mark "Schuhpark" in respect of certain products in Class 25

- Judgment T-393/02 Henkel v OHMI: Intellectual property. Community trade mark. Three-dimensional mark. Shape of a white and transparent bottle. Refusal of registration. Lack of distinctive character.

- Hearing T-242/02 Sunrider v OHMI (TOP): Intellectual property. Community trade mark. Annulment of Decision of the Office for Harmonisation in the Internal Market (OHIM) dismissing the appeal brought against the decision of the examiner refusing registration of the work mark "TOP" for certain products in Classes 5 and 29.

- Hearing T-352/02 Creative Technology v OHMI - Vila Ortiz (PC WORKS): Intellectual property. Community trade mark. Proceedings for annulment formed by the applicant of the trademark "PC WORKS" for products in class 9, against the decision of the Office for Harmonisation in the Internal Market (OHIM), dismissing the appeal against the decision of the Opposition Division partially refusing registration of that trade mark.

Thursday November 25

- Hearing T-101/03 Suproco v Commission: Association of the Overseas Countries and Territories. Annulment of Commission Decision refusing to grant a derogation from previous Council Decision as regards the rules of origin for sugar from the Netherlands Antilles.
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Publication:European Report
Geographic Code:4E
Date:Nov 20, 2004
Words:1507
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