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Defence

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30 records in 2005

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Records

Report· CCCELEX 62004CC0167decided

Opinion of Mr Advocate General Jacobs delivered on 15 December 2005.#JCB Service v Commission of the European Communities.#Appeals - Cartels - Article 81 EC - Distribution agreements - Concerted practices - Notification - Form A/B - Application for exemption - Rejection - Duration of the assessment of the notification procedure - Rights of the defence - Presumption of innocence - Complaint - Infringement - General prohibition on passive sales - Limitation of the sources of supply - New pleas in law - Fines - Guidelines - Gravity of the infringement - Duration - Attenuating circumstances - Cross-appeal - Aggravating circumstances.#Case C-167/04 P.

European Union · Court of Justice of the European Union · 15 December 2005

Record· TJCELEX 62001TJ0210decided

Judgment of the Court of First Instance (Second Chamber, extended composition) of 14 December 2005.#General Electric Company v Commission of the European Communities.#Action for annulment - Competition - Commission decision declaring a concentration to be incompatible with the common market - Regulation (EEC) No 4064/89 - Aeronautical markets - Acquisition of Honeywell by General Electric - Vertical integration - Bundling - Foreclosure - Horizontal overlaps - Rights of the defence.#Case T-210/01.

European Union · Court of Justice of the European Union · 14 December 2005

Record· CJCELEX 62004CJ0033decided

Judgment of the Court (Second Chamber) of 8 December 2005.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Telecommunications - Directive 97/33/EC - Article 7(5) - Obligation to verify the compliance of cost accounting systems by a competent independent body and to publish a statement of compliance - Directive 98/10/EC - Article 18(1) and (2) - Failure to apply correctly the measures adopted as regards verification of the compliance of the cost accounting system by the national regulatory authority and the annual publication of a statement of compliance - Admissibility - Interest in bringing proceedings - Pre-litigation procedure - Rights of the defence - Directives 2002/19/EC, 2002/21/EC and 2002/22/EC - Transitional provisions - Member States to refrain, during the period laid down for transposition of a directive, from taking any measures liable seriously to compromise the result prescribed by that directive - Reference interconnection offers.#Case C-33/04.

European Union · Court of Justice of the European Union · 8 December 2005

Report· CCCELEX 62004CC0065decided

Opinion of Mr Advocate General Geelhoed delivered on 1 December 2005.#Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.#Failure by a Member State to fulfil its obligations - EAEC Treaty - Scope - Directive 89/618/Euratom - Health and safety - Ionising radiations - Use of nuclear energy for military purposes - Repairs to a nuclear-powered submarine.#Case C-65/04.

European Union · Court of Justice of the European Union · 1 December 2005

Record· TJCELEX 62003TJ0134decided

Judgment of the Court of First Instance (First Chamber, extended composition) of 27 September 2005.#Common Market Fertilizers SA v Commission of the European Communities.#Remission of import duties - Article 1(3) of Regulation (EC) No 3319/94 - Direct invoicing of the importer - "Group of experts' within the meaning of Article 907 of Regulation (EEC) No 2454/93 - Rights of the defence - "Obvious negligence' within the meaning of Article 239 of Regulation (EEC) No 2913/92 - Duty to state reasons.#Joined cases T-134/03 and T-135/03.

European Union · Court of Justice of the European Union · 27 September 2005

Record· TJCELEX 62002TJ0053decided

Judgment of the Court of First Instance (First Chamber) of 13 September 2005.#Ricosmos BV v Commission of the European Communities.#Customs law - External Community transit operation concerning cigarettes - Fraud - Application for remission of import duties - Regulation (EEC) No 2913/92 - Regulation (EEC) No 2454/93 - Equity clause - Compliance with time-limits - Rights of the defence - Principle of proportionality - Concept of obvious negligence.#Case T-53/02.

European Union · Court of Justice of the European Union · 13 September 2005

Record· CJCELEX 62002CJ0065decided

Judgment of the Court (First Chamber) of 14 July 2005.#ThyssenKrupp Stainless GmbH (C-65/02 P) and ThyssenKrupp Acciai speciali Terni SpA (C-73/02 P) v Commission of the European Communities.#Appeals - ECSC Treaty - Agreements, decisions and concerted practices - Alloy surcharge - Reduction of the fine - Cooperation in the administrative procedure - Attributability of the infringement - Rights of the defence.#Joined cases C-65/02 P and C-73/02 P.

European Union · Court of Justice of the European Union · 14 July 2005

Record· TJCELEX 62003TJ0071decided

Judgment of the Court of First Instance (Second Chamber) of 15 June 2005.#Tokai Carbon Co. Ltd (T-71/03), Intech EDM BV (T-74/03), Intech EDM AG (T-87/03) and SGL Carbon AG (T-91/03) v Commission of the European Communities.#Competition - Cartels - Specialty graphite market - Price fixing - Liability - Calculation of fines - Cumulation of penalties - Duty to state reasons - Rights of the defence - Guidelines on the method of setting fines - Applicability - Gravity and duration of the infringement - Attenuating circumstances - Aggravating circumstances - Ability to pay - Co-operation during the administrative procedure - Methods of payment.#Joined cases T-71/03, T-74/03, T-87/03 and T-91/03.

European Union · Court of Justice of the European Union · 15 June 2005

Report· CCCELEX 62004CC0033decided

Opinion of Mr Advocate General Jacobs delivered on 2 June 2005.#Commission of the European Communities v Grand Duchy of Luxemburg.#Failure of a Member State to fulfil obligations - Telecommunications - Directive 97/33/EC - Article 7(5) - Obligation to verify the compliance of cost accounting systems by a competent independent body and to publish a statement of compliance - Directive 98/10/EC - Article 18(1) and (2) - Failure to apply correctly the measures adopted as regards verification of the compliance of the cost accounting system by the national regulatory authority and the annual publication of a statement of compliance - Admissibility - Interest in bringing proceedings - Pre-litigation procedure - Rights of the defence - Directives 2002/19/EC, 2002/21/EC and 2002/22/EC - Transitional provisions - Member States to refrain, during the period laid down for transposition of a directive, from taking any measures liable seriously to compromise the result prescribed by that directive - Reference interconnection offers.#Case C-33/04.

European Union · Court of Justice of the European Union · 2 June 2005

Record· TJCELEX 62003TJ0110decided

Judgment of the Court of First Instance (Second Chamber) of 26 April 2005.#Jose Maria Sison v Council of the European Union.#Access to documents - Regulation (EC) No 1049/2001 - Documents relating to Council decisions concerning the fight against terrorism - Exceptions relating to the protection of the public interest - Public security - International relations - Partial access - Statement of reasons - Rights of the defence.#Joined cases T-110/03, T-150/03 and T-405/03.

European Union · Court of Justice of the European Union · 26 April 2005

Report· CCCELEX 62003CC0240decided

Opinion of Advocate General Kokott delivered on 3 March 2005.#Comunità montana della Valnerina v Commission of the European Communities.#Appeal - EAGGF - Withdrawal of financial assistance - Article 24 of Regulation (EEC) No 4253/88 - Principle of proportionality - Statement of reasons - Rights of the defence - Cross-appeal - Designation of two bodies responsible for the implementation of a project - Request addressed to only one of them to repay the full amount of the assistance - Discretionary power of the Commission - Objective limits of the dispute before the Court of First Instance.#Case C-240/03 P.

European Union · Court of Justice of the European Union · 3 March 2005