Caselex cases

Environment Law — 04 May 2010, 23:43 CET

Environment Law: Air - Noise pollution - Chemical and industrial risks - Nature protection - Water protection - Integrated pollution prevention and control (IPPC) - Waste management - Environmental assessment - Genetically modified organisms (GMOs) - Climate change - Application and control of environmental law

CASELEX:EU:2003:188 - European Court of Justice, European Union Freedom Of Movement Law, Taxation Law — 02 May 2010, 16:09 CET

European Court of Justice, European Union Freedom Of Movement Law, Taxation Law

CASELEX:EU:2003:187 - European Court of Justice, European Union Consumer Protection Law, ICT And Media Law — 02 May 2010, 16:08 CET

European Court of Justice, European Union Consumer Protection Law, ICT And Media Law

CASELEX:EU:2007:168 - European Court of Justice, European Union Freedom Of Movement Law — 02 May 2010, 16:07 CET

European Court of Justice, European Union Freedom Of Movement Law

CASELEX:EU:2006:159 - European Court of Justice, European Union Competition Law, Taxation Law — 22 April 2010, 16:52 CET

European Court of Justice, European Union Competition Law, Taxation Law

CASELEX:EU:2006:158 - European Court of Justice, European Union Intellectual Property Law — 22 April 2010, 16:49 CET

European Court of Justice, European Union Intellectual Property Law

CASELEX:EU:2007:167 - European Court of Justice, European Union Private International Law — 22 April 2010, 16:46 CET

European Court of Justice, European Union Private International Law

CASELEX:EU:2008:122 - European Court of Justice, European Union European Administrative Law, Environmental Law, Transport Law — 22 April 2010, 16:45 CET

European Court of Justice, European Union European Administrative Law, Environmental Law, Transport Law

CASELEX:EU:2008:123 - European Court of Justice, European Union Employment Law, Private International Law, Freedom Of Movement Law — 22 April 2010, 16:43 CET

European Court of Justice, European Union Employment Law, Private International Law, Freedom Of Movement Law

Intellectual Property (IP) Law — 17 April 2010, 22:19 CET

A uniform system of protection of intellectual property rights, ranging from industrial property to copyright and related rights, constitutes the foundation for creativeness and innovation within the European Union. Respect of the basic principles of the internal market (the free movement of goods and services and free competition) is based on standardisation of intellectual property at European level. Protection of intellectual property is covered by many international conventions, most of which are implemented by the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO). The European Union possesses two important bodies to carry out its mission: the Office for Harmonisation in the Internal Market (OHIM), which is responsible for the registration of Community trade marks and designs, and the European Patent Office (EPO). The Commission is currently campaigning for the effective introduction of a Community patent system, which would be less costly and more legally effective, as a guarantee of competitiveness for European industry. Finally, the protection of these rights also entails protecting them against piracy, illegal trade and counterfeiting.

Employment Law — 16 March 2010, 12:16 CET

Employment Law: Individual employment contract - Organisation of working time - Equal treatment in employment and occupation - Protection of specific group of workers - Health and safety in working environment - Restructuring of enterprises - Transfer of undertakings - Collective bargaining - Workers' participation - International private labour law

Competition Law — 16 March 2010, 12:16 CET

Competition Law - Agreements and concerted actions - Exemptions - Abuse of a dominant position - Intellectual property rights - Concentration control - State aid - Judicial review - Private enforcement

Public procurement law — 16 March 2010, 12:16 CET

Public procurement law: Public contract - Awarding procedure - Award criteria - Qualification of tenderer - Remedies - Parties - Electronic public procurement - Review procedure

Company Law — 16 March 2010, 12:16 CET

Formation, obligations and nullity of a company - Single-member private limited liability company - Commercial agency relationships - Company capital Transparency and publication obligations - Merger and division of companies - Takeover bids - Legal form of European organisations

CASELEX:EU:2000:5 - IP Law - protection of industrial and commercial property — 15 March 2010, 22:48 CET

A Member State failed to fulfil its obligations under Articles 30 of the EC Treaty (now, after amendment, Article 28 EC) when it detained presumably counterfeit goods under customs control on the pretext of protecting the registered design right and copyright of the goods. However, because intra-Community transit did not involve the use of the appearance of the goods’ protected design, the transit did not form part of the specific subject-matter of the protected rights of the goods.

CASELEX:EU:2010:14 - Employment Law - Protection of employees’ representatives — 15 March 2010, 22:47 CET

This reference for a preliminary ruling has been made by the Vestre Landsret (Western Regional Court) (Denmark) in the context of a dispute between the applicant, the Danish Association of Engineers (Ingeniørforeningen i Danmark) (‘IDA’), acting on behalf of Mr Bertram Holst, a former employee of the company Babcock & Wilcox Vølund ApS (‘BWV’), and the defendant, the Confederation of Danish Employers (Dansk Arbejdsgiverforening) (‘DA’), acting on behalf of BWV, concerning the dismissal of Mr Holst by BWV.

CASELEX:EU:2010:13 - Public Procurement Law - Procedures for review of the award of public contracts — 15 March 2010, 22:47 CET

This reference for a preliminary ruling has been made by the High Court of Justice (England and Wales) in the context of a dispute between the applicant, Uniplex (UK) Ltd (‘Uniplex’), and the defendant, NHS Business Services Authority (‘NHS’), concerning the conclusion of a framework agreement.

Sexual discrimination case - Bulgaria - CASELEX:BG:2009:42 — 15 March 2010, 22:38 CET

In an action brought by a female worker claiming that she had been sexually harassed within the meaning of Article 5 in conjunction with Section 1(2) of the Protection from Discrimination Act 2003, transposing Article 2(2)(a) in conjunction with Article 1(d) of Directive 2006/54/EC, the testimony of witnesses reproducing her story was valid evidence -- not of the circumstances known only to the harasser and the victim but of the victim's behaviour, remarks and reactions to the harassment - Judgement by Bulgaria's Supreme Administrative Court.

Social policy - Protection of pregnant workers and workers who have recently given birth or are breastfeeding - CASELEX:EU:2009:130 — 15 March 2010, 22:35 CET

Dismissed pregnant workers must enjoy effective judicial protection of their rights under Community law, following a Judgement of the European Court of Justice in Luxembourg on 29 October 2009

Public procurement - Failure of a Member State to fulfil obligations - CASELEX:EU:2009:139 — 15 March 2010, 18:36 CET

Failure of a Member State to fulfil obligations – Public procurement - Directive 93/38/EEC - Contract notice - Consultancy project - Criteria for automatic exclusion - Qualitative selection and award criteria - ACTION under Article 226 EC for failure to fulfil obligations, brought on 12 April 2007, Commission of the European Communities v Hellenic Republic

CASELEX:EU:2009:120 - IP Law - Exhaustion of trade mark proprietor’s rights — 15 March 2010, 18:23 CET

This reference for a preliminary ruling was made by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) (Netherlands) in proceedings between the applicants, Makro Zelfbedieningsgroothandel CV (‘Makro’), Metro Cash & Carry BV and Remo Zaandam BV, on the one hand, and the defendant, Diesel SpA (‘Diesel’), on the other hand, with regard to the marketing by Makro of shoes bearing a trade mark owned by Diesel, without Diesel’s express consent.

CASELEX:EU:2008:101 - IP Law - Protection of the confidentiality of electronic communications — 15 March 2010, 17:55 CET

This reference for a preliminary ruling concerns the interpretation of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1), Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10), Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, and corrigendum, OJ 2004 L 195, p. 16), and Articles 17(2) and 47 of the Charter of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000 (OJ 2000 C 364, p. 1, ‘the Charter’).

Competition Law Cases — 16 February 2010, 09:34 CET

 

Public procurement - Community tendering procedure - CASELEX:EU:2009:162 — 03 February 2010, 16:39 CET

Pursuant to Community public procurement law, when a tenderer had submitted an ambiguous offer in a tender organised by the Commission of the European Communities and the Commission could resolve the ambiguity by contacting that tenderer, the Commission was obliged to contact the tenderer in order to establish the actual meaning of the tender. In such a case, to reject the offer without contacting the tenderer would be contrary to the principles of sound administration, equal treatment, proportionality and legal certainty. Such was the case when the tenderer had omitted to indicate the price of a given item but that price could be easily deduced from the price of an identical or similar item in the offer, as it was a matter of clarification, and not modification, of the initial offer of the tenderer.

Failure of a Member State to fulfil obligations - Electronic communications - CASELEX:EU:2009:153 — 03 February 2010, 16:39 CET

Failure of a Member State to fulfil obligations – Electronic communications – Directive 2002/19/EC – Directive 2002/21/EC – Directive 2002/22/EC – Networks and services – National rules – New market