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ADVOCATE GENERAL'S OPINION
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Opinion of Mr Advocate General Cruz Villalón delivered on 19 December 2013. Alpina River Cruises GmbH and Nicko Tours GmbH v Ministero delle infrastrutture e dei trasporti - Capitaneria di Porto di Chioggia. Reference for a preliminary ruling: Consiglio di Stato - Italy. Maritime transport - Regulation (EEC) No 3577/92 - Concept of ‘maritime cabotage’ - Cruise services - Cruise crossing the Venetian lagoon, Italian territorial sea and the river Po - Departure from and arrival at the same port. Case C-17/13.
Opinion of Mr Advocate General Cruz Villalón delivered on 19 December 2013. European Commission v European Parliament and Council of the European Union. Action for annulment - Choice of legal basis - Articles 290 TFEU and 291 TFEU - Delegated act and implementing act - Regulation (EU) No 528/2012 - Article 80(1) - Biocidal products - European Chemicals Agency - Setting of fees by the Commission. Case C-427/12.
Opinion of Advocate General Kokott delivered on 19 December 2013. FIRIN OOD v Direktor na Direktsia «Obzhalvane i danachno-osiguritelna praktika» - Veliko Tarnovo pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite. Reference for a preliminary ruling: Administrativen sad Veliko Tarnovo - Bulgaria. Common system of value added tax - Deduction of input tax paid - Payments made on account - Refusal to allow the deduction - Fraud - Adjustment of the deduction in the case where the taxable transaction is not carried out - Conditions. Case C-107/13.
Opinion of Advocate General Sharpston delivered on 12 December 2013. O. v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel v B. Reference for a preliminary ruling: Raad van State - Netherlands. Directive 2004/38/EC - Article 21(1) TFEU - Right to move and reside freely within the territory of the Member States - Beneficiaries - Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national - Return of the Union citizen to that Member State after short periods of residence spent in another Member State. Case C-456/12.
Opinion of Mr Advocate General Cruz Villalón delivered on 12 December 2013. ATP Pension Service A/S v Skatteministeriet. Reference for a preliminary ruling: Ostre Landsret - Denmark. Sixth VAT Directive - Exemptions - Article 13B(d)(3) and (6) - Special investment funds - Occupational pension schemes - Management - Transactions concerning deposit and current accounts, payments or transfers. Case C-464/12.
Opinion of Mr Advocate General Bot delivered on 28 November 2013. Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission. Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 52(2)(c) - Application for a declaration of invalidity based on an earlier copyright under national law - Application by OHIM of national law - Role of the European Union judicature. Case C-530/12 P.
Opinion of Mr Advocate General Cruz Villalón delivered on 26 November 2013. UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega Filmproducktionsgesellschaft mbH. Reference for a preliminary ruling: Oberster Gerichtshof - Austria. Request for a preliminary ruling - Approximation of laws - Copyright and related rights - Information society - Directive 2001/29/EC - Website making cinematographic works available to the public without the consent of the holders of a right related to copyright - Article 8(3) - Concept of ‘intermediaries whose services are used by a third party to infringe a copyright or related right’ - Internet service provider - Order addressed to an internet service provider prohibiting it from giving its customers access to a website - Balancing of fundamental rights. Case C-314/12.
Opinion of Mr Advocate General Jääskinen delivered on 14 November 2013. Georgetown University v Octrooicentrum Nederland. Reference for a preliminary ruling: Rechtbank te 's-Gravenhage - Netherlands. Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Article 3 - Conditions for obtaining such a certificate - Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent. Case C-484/12.
Opinion of Mr Advocate General Jääskinen delivered on 7 November 2013. European Commission v Republic of Poland. Failure of a Member State to fulfil obligations - Registration of motor vehicles - Articles 34 TFEU and 36 TFEU - Directive 70/311/EEC - Directive 2007/46/EC - Driving on the right in a Member State - Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side. Case C-639/11.
Opinion of Mr Advocate General Jääskinen delivered on 7 November 2013. Octapharma France SAS v Agence nationale de sécurité du médicament et des produits de santé (ANSM) and Ministere des affaires sociales et de la santé. Reference for a preliminary ruling: Conseil d'État - France. Approximation of laws - Directive 2001/83/EC - Directive 2002/98/EC - Scope - Labile blood product - Plasma prepared by means of an industrial process - Simultaneous or exclusive application of the directives - Option for a Member State to provide for a less rigorous regime for plasma than for medicinal products. Case C-512/12.
Opinion of Mr Advocate General Mengozzi delivered on 6 November 2013. Flora May Reyes v Migrationsverket. Reference for a preliminary ruling: Kammarrätten i Stockholm - Migrationsöverdomstolen - Sweden. Request for a preliminary ruling ? Directive 2004/38/EC ? Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States - Right of residence in a Member State of a third-country national who is a direct descendant of a person having the right of residence in that Member State - Concept of ‘dependant’. Case C-423/12.
Opinion of Mr Advocate General Wahl delivered on 9 October 2013. Enrico Petillo and Carlo Petillo v Unipol Assicurazioni SpA. Reference for a preliminary ruling: Tribunale di Tivoli - Italy. Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 72/166/EEC, Directive 84/5/EEC, Directive 90/232/EEC and Directive 2009/103/EEC - Road traffic accident - Non-material damage - Compensation - National provisions establishing methods of calculation specific to road traffic accidents which are less favourable to victims than those provided for under the ordinary rules of civil liability - Compatibility with those directives. Case C-371/12.
Opinion of Mr Advocate General . Nnamdi Onuekwere v Secretary of State for the Home Department. Reference for a preliminary ruling: Upper Tribunal (Immigration and Asylum Chamber) - United Kingdom. Request for a preliminary ruling - Directive 2004/38/EC - Article 16(2) and (3) - Right of permanent residence of third-country nationals who are family members of a Union citizen - Taking into consideration of periods of imprisonment of those nationals. Case C-378/12.
Opinion of Mr Advocate General Wahl delivered on 26 September 2013. Carmela Carratu v Poste Italiane SpA. Reference for a preliminary ruling: Tribunale di Napoli - Italy. Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work - Principle of non-discrimination - Employment conditions - National legislation establishing a system of compensation for the unlawful insertion of a fixed-term clause into an employment contract which is different from that applicable to the unlawful termination of an employment contract of indefinite duration. Case C-361/12.
Opinion of Advocate General Kokott delivered on 26 September 2013. Airport Shuttle Express scarl and Giovanni Panarisi (C-162/12) and Societa Cooperativa Autonoleggio Piccola arl and Gianpaolo Vivani (C-163/12) v Comune di Grottaferrata. References for a preliminary ruling: Tribunale amministrativo regionale per il Lazio - Italy. Requests for a preliminary ruling - Articles 49 TFEU, 101 TFEU and 102 TFEU - Regulation (EEC) No 2454/92 - Regulation (EC) No 12/98 - Car and driver hire services - National and regional legislation - Authorisation issued by municipalities - Conditions - Purely internal situations - Jurisdiction of the Court - Whether the requests are admissible. Joined cases C-162/12 and C-163/12.
Opinion of Advocate General Kokott delivered on 26 September 2013. Crono Service scarl and Others (C-419/12) and Anitrav - Associazione Nazionale Imprese Trasporto Viaggiatori (C-420/12) v Roma Capitale and Regione Lazio (C-420/12). References for a preliminary ruling: Tribunale amministrativo regionale per il Lazio - Italy. Requests for a preliminary ruling - Articles 49 TFEU, 101 TFEU and 102 TFEU - Car and driver hire services - Purely internal situation - Jurisdiction of the Court - Conditions for admissibility. Joined cases C-419/12 and C-420/12.
Opinion of Advocate General Kokott delivered on 26 September 2013. C.D. v S.T.. Reference for a preliminary ruling: Employment Tribunal, Newcastle upon Tyne - United Kingdom. Reference for a preliminary ruling - Social policy - Directive 92/85/EEC - Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Article 8 - Commissioning mother who has had a baby through a surrogacy arrangement - Refusal to grant her maternity leave - Directive 2006/54/EC - Equal treatment of male and female workers - Article 14 - Less favourable treatment of a commissioning mother as regards the grant of maternity leave. Case C-167/12.
Opinion of Mr Advocate General Wahl delivered on 18 September 2013. Portgás - Sociedade de Produçao e Distribuiçao de Gás SA v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território. Reference for a preliminary ruling: Tribunal Administrativo e Fiscal do Porto - Portugal. Procedures for awarding public contracts in the water, energy, transport and telecommunications sectors - Directive 93/38/EEC - Directive not transposed into national law - Whether the State may rely on that directive against a body holding a public service concession in the case where that directive has not been transposed into national law. Case C-425/12.
Opinion of Advocate General Sharpston delivered on 12 September 2013. Alfred Hirmann v Immofinanz AG. Reference for a preliminary ruling: Handelsgericht Wien - Austria. Reference for a preliminary ruling - Company law - Second Directive 77/91/EEC - Liability of a public limited liability company for breach of its obligations in respect of advertising - Inaccurate information in share prospectus - Extent of liability - Legislation of a Member State providing for repayment of the price paid by the purchaser for purchased shares. Case C-174/12.
Opinion of Mr Advocate General Jääskinen delivered on 12 September 2013. Enosi Epangelmation Asfaliston Ellados (EEAE) and Others v Ypourgos Anaptyxis and Omospondia Asfalistikon Syllogon Ellados. Reference for a preliminary ruling: Symvoulio tis Epikrateias - Greece. Directive 2002/92/EC - Insurance mediation - Exclusion of the activities pursued by an insurance undertaking or an employee acting under the responsibility of such an undertaking - Whether it is possible for such an employee to pursue insurance mediation activities on an incidental basis - Professional requirements. Case C-555/11.
Opinion of Mr Advocate General Cruz Villalón delivered on 12 September 2013. Backaldrin Österreich The Kornspitz Company GmbH v Pfahnl Backmittel GmbH. Reference for a preliminary ruling: Oberster Patent- und Markensenat - Austria. Trade marks - Directive 2008/95/EC - Article 12(2)(a) - Revocation - Trade mark which, in consequence of acts or inactivity of the proprietor, has become the common name in the trade for a product or service in respect of which it is registered - Perception of the word sign ‘KORNSPITZ’ by sellers, on the one hand, and by end users, on the other - Loss of distinctive character from the point of view of end users only. Case C-409/12.
Opinion of Mr Advocate General Jääskinen delivered on 12 September 2013. United Kingdom of Great Britain and Northern Ireland v European Parliament and Council of the European Union. Regulation (EU) No 236/2012 - Short selling and certain aspects of credit default swaps - Article 28 - Validity - Legal basis - Powers of intervention conferred on the European Securities and Markets Authority in exceptional circumstances. Case C-270/12.
Opinion of Mr Advocate General . Ralph Schmid v Lilly Hertel. Reference for a preliminary ruling: Bundesgerichtshof - Germany. Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Action to set a transaction aside by virtue of the debtor’s insolvency - Defendant resident in a third country - Jurisdiction of the court of the Member State where the debtor has the centre of his main interests. Case C-328/12.
Opinion of Mr Advocate General Wathelet delivered on 5 September 2013. Liga para a Protecçao da Natureza (LPN) and Republic of Finland v European Commission. Appeal - Access to the documents of the institutions - Regulation (EC) No 1049/2001 - Third indent of Article 4(2) - Exception concerning the protection of the purpose of inspections, investigations and audits - Environmental information - Regulation (EC) No 1367/2006 - Article 6(1) - Documents relating to the pre-litigation stage of infringement procedures - Refusal of access - Obligation to examine specifically and individually the documents referred to in the request for access - Overriding public interest. Joined cases C-514/11 P and C-605/11 P.
Opinion of Mr Advocate General Cruz Villalón delivered on 5 September 2013. Fish Legal and Emily Shirley v Information Commissioner and Others. Reference for a preliminary ruling: Upper Tribunal (Administrative Appeals Chamber) - United Kingdom. Reference for a preliminary ruling - Aarhus Convention - Directive 2003/4/EC - Public access to environmental information - Scope - Concept of ‘public authority’ - Water and sewerage undertakers - Privatisation of the water industry in England and Wales. Case C-279/12.
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