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  • 62007CJ0405

    Judgment of the Court (Second Chamber) of 6 November 2008.

    Kingdom of the Netherlands v Commission of the European Communities.

    Appeal - Article 95(5) EC - Directive 98/69/EC - Measures to be taken against air pollution by emissions from motor vehicles - Derogating national provision advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles - Commission’s refusal - Specificity of the problem - Duties of care and to state reasons.

    Case C-405/07 P.

    European Court reports 2008 Page I-08301


  • 62005CJ0439

    Judgment of the Court (Third Chamber) of 13 September 2007.

    Land Oberösterreich and Republic of Austria v Commission of the European Communities.

    Appeal - Directive 2001/18/EC - Decision 2003/653/EC - Deliberate release into the environment of genetically modified organisms - Article 95(5) EC - National provisions derogating from a harmonisation measure justified by new scientific evidence and by a problem specific to one Member State - Principle of the right to be heard.

    Joined cases C-439/05 P and C-454/05 P.

    European Court reports 2007 Page I-07141


  • 62006TJ0182

    Judgment of the Court of First Instance (Fourth Chamber) of 27 June 2007.

    Kingdom of the Netherlands v Commission of the European Communities.

    Approximation of laws - Derogating national provisions - Rejection by the Commission of a draft decree advancing the lowering of the Community limit on emissions of particulate matter produced by certain new diesel-powered vehicles - Duty of care and to state reasons - Specificity of the notifying Member State’s problem in complying with the Community limits on concentrations of particulate matter in ambient air.

    Case T-182/06.

    European Court reports 2007 Page II-01983


  • 62003CJ0380

    Judgment of the Court (Grand Chamber) of 12 December 2006.

    Federal Republic of Germany v European Parliament and Council of the European Union.

    Action for annulment - Approximation of laws - Directive 2003/33/EC - Advertising and sponsorship in respect of tobacco products - Annulment of Articles 3 and 4 - Choice of legal basis - Articles 95 EC and 152 EC - Principle of proportionality.

    Case C-380/03.

    European Court reports 2006 Page I-11573


  • 62004CJ0217

    Judgment of the Court (Grand Chamber) of 2 May 2006.

    United Kingdom of Great Britain and Northern Ireland v European Parliament and Council of the European Union.

    Regulation (EC) No 460/2004 - European Network and Information Security Agency - Choice of legal basis.

    Case C-217/04.

    European Court reports 2006 Page I-03771


  • 62003CJ0533

    Judgment of the Court (Second Chamber) of 26 January 2006.

    Commission of the European Communities v Council of the European Union.

    Regulation (EC) No 1798/2003 - Directive 2003/93/EC - Choice of legal basis.

    Case C-533/03.

    European Court reports 2006 Page I-01025


  • 62004CJ0066

    Judgment of the Court (Grand Chamber) of 6 December 2005.

    United Kingdom of Great Britain and Northern Ireland v European Parliament and Council of the European Union.

    Foods - Regulation (EC) No 2065/2003 - Smoke flavourings - Choice of legal basis.

    Case C-66/04.

    European Court reports 2005 Page I-10553


  • 62003CJ0350

    Judgment of the Court (Grand Chamber) of 25 October 2005.

    Elisabeth Schulte and Wolfgang Schulte v Deutsche Bausparkasse Badenia AG.

    Reference for a preliminary ruling: Landgericht Bochum - Germany.

    Consumer protection - Doorstep selling - Purchase of immovable property - Investment financed by a secured loan - Right of cancellation - Effects of cancellation.

    Case C-350/03.

    European Court reports 2005 Page I-09215


  • 62003TJ0366

    Judgment of the Court of First Instance (Fourth Chamber) of 5 October 2005.

    Land Oberösterreich and Republic of Austria v Commission of the European Communities.

    Approximation of laws - National provisions derogating from a harmonisation measure - Ban on the use of genetically modified organisms in Upper Austria - Conditions for application of Article 95(5) EC.

    Joined cases T-366/03 and T-235/04.

    European Court reports 2005 Page II-04005


  • 62004CJ0154

    Judgment of the Court (Grand Chamber) of 12 July 2005.

    The Queen, on the application of Alliance for Natural Health and Nutri-Link Ltd v Secretary of State for Health (C-154/04) and The Queen, on the application of National Association of Health Stores and Health Food Manufacturers Ltd v Secretary of State for Health and National Assembly for Wales (C-155/04).

    Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen's Bench Division (Administrative Court) - United Kingdom.

    Approximation of laws - Food supplements - Directive 2002/46/EC - Prohibition on trade in products not complying with the directive - Validity - Legal basis - Article 95 EC - Articles 28 EC and 30 EC - Regulation (EC) No 3285/94 - Principles of subsidiarity, proportionality and equal treatment - Right to property - Freedom to pursue an economic activity - Obligation to state reasons.

    Joined cases C-154/04 and C-155/04.

    European Court reports 2005 Page I-06451


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