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62006CJ0399
Judgment of the Court (Fourth Chamber) of 3 December 2009.
Faraj Hassan v Council of the European Union and European Commission (C-399/06 P) and Chafiq Ayadi v Council of the European Union (C-403/06 P).
Common foreign and security policy (CFSP) - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Regulation (EC) No 881/2002 - Freezing of the funds and economic resources of a person following his inclusion in a list drawn up by a body of the United Nations - Sanctions Committee - Subsequent inclusion in Annex I to Regulation (EC) No 881/2002 - Action for annulment - Fundamental rights - Right to respect for property, right to be heard and right to effective judicial review.
Joined cases C-399/06 P and C-403/06 P.
European Court reports 2009 Page I-11393
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62001TJ0318
Judgment of the Court of First Instance (Seventh Chamber) of 11 June 2009.
Omar Mohammed Othman v Council of the European Union and Commission of the European Communities.
Common foreign and security policy - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Freezing of funds - Action for annulment - Adaptation of heads of claim - Fundamental rights - Right to respect for property, right to be heard and right to effective judicial review.
Case T-318/01.
European Court reports 2009 Page II-01627
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62005FJ0005
Judgment of the Civil Service Tribunal (First Chamber) of 28 April 2009.
Antonello Violetti and Others (F-5/05) and Nadine Schmit (F-7/05) v Commission of the European Communities.
Public service - Officials - Act adversely affecting an official - Admissibility.
Joined cases F-5/05 and F-7/05.
European Court Reports – Staff Cases 2009 Page I-A-1-00083; Page II-A-1-00473
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62007CO0557
Order of the Court (Eighth Chamber) of 19 February 2009.
LSG-Gesellschaft zur Wahrnehmung von Leistungsschutzrechten GmbH v Tele2 Telecommunication GmbH.
Reference for a preliminary ruling: Oberster Gerichtshof - Austria.
Article 104(3) of the Rules of Procedure - Information society - Copyright and related right - Retention and disclosure of certain traffic data - Protecting the confidentiality of electronic communication - 'Intermediaries' within the meaning of Article 8(3) of Directive 2001/29/EC.
Case C-557/07.
European Court Reports 2009 Page I-01227
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62007CJ0308
Judgment of the Court (First Chamber) of 19 February 2009.
Koldo Gorostiaga Atxalandabaso v European Parliament.
Appeal - Rules concerning the expenses and allowances to Members of the European Parliament - Recovery of improperly paid sums by means of offsetting - Enforcement of a judgment of the Court of First Instance - Right to an impartial tribunal - Res judicata - Principle of sound administration.
Case C-308/07 P.
European Court reports 2009 Page I-01059
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62007CJ0465
Judgment of the Court (Grand Chamber) of 17 February 2009.
Meki Elgafaji and Noor Elgafaji v Staatssecretaris van Justitie.
Reference for a preliminary ruling: Raad van State - Netherlands.
Directive 2004/83/EC - Minimum standards for determining who qualifies for refugee status or for subsidiary protection status - Person eligible for subsidiary protection - Article 2(e) - Real risk of suffering serious harm - Article 15(c) - Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict - Proof .
Case C-465/07.
European Court Reports 2009 Page I-00921
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62005TJ0059
Judgment of the Court of First Instance (Third Chamber) of 10 September 2008.
Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v Commission of the European Communities.
Public service contracts - Community tendering procedure - Provision of development, maintenance and support services for the financial information systems of the Directorate-General for Agriculture - Selection and award criteria - Rejection of a submitted tender - Obligation to state the reasons on which the decision is based - No manifest error of assessment - Principles of diligence and good administration.
Case T-59/05.
European Court reports 2008 Page II-00157*
summary publication
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62006CJ0120
Judgment of the Court (Grand Chamber) of 9 September 2008.
Fabbrica italiana accumulatori motocarri Montecchio SpA (FIAMM) and Fabbrica italiana accumulatori motocarri Montecchio Technologies LLC (C-120/06 P), Giorgio Fedon & Figli SpA and Fedon America, Inc. (C-121/06 P) v Council of the European Union and Commission of the European Communities.
Appeals - Recommendations and rulings of the World Trade Organisation (WTO) Dispute Settlement Body - Determination of the Dispute Settlement Body that the Community regime governing the import of bananas was incompatible with WTO rules - Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports of certain products from various Member States - Retaliatory measures authorised by the WTO - No non-contractual Community liability - Duration of the proceedings before the Court of First Instance - Reasonable period - Claim for fair compensation.
Joined cases C-120/06 P and C-121/06 P.
European Court reports 2008 Page I-06513
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62005CJ0402
Judgment of the Court (Grand Chamber) of 3 September 2008.
Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities.
Common foreign and security policy (CFSP) - Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - United Nations - Security Council - Resolutions adopted under Chapter VII of the Charter of the United Nations - Implementation in the Community - Common Position 2002/402/CFSP - Regulation (EC) No 881/2002 Measures against persons and entities included in a list drawn up by a body of the United Nations - Freezing of funds and economic resources - Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) - Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 - Actions for annulment - Competence of the Community - Joint legal basis of Articles 60 EC, 301 EC and 308 EC - Fundamental rights - Right to respect for property, right to be heard and right to effective judicial review.
Joined cases C-402/05 P and C-415/05 P.
European Court Reports 2008 Page I-06351
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62006CJ0275
Judgment of the Court (Grand Chamber) of 29 January 2008.
Productores de Música de España (Promusicae) v Telefónica de España SAU.
Reference for a preliminary ruling: Juzgado de lo Mercantil nº 5 de Madrid - Spain.
Information society - Obligations of providers of services - Retention and disclosure of certain traffic data - Obligation of disclosure - Limits - Protection of the confidentiality of electronic communications - Compatibility with the protection of copyright and related rights - Right to effective protection of intellectual property.
Case C-275/06.
European Court Reports 2008 Page I-00271