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EUROPEAN COURTS

JUDGMENTS FROM THE EUROPEAN COURT OF HUMAN RGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION No. 6 (June 2013)

European Courts is an EU and ECHR law blog for judges, legal practitioners, legal academics and other interest groups. Its general objective is a better understanding of EU and human rights law. This blog also aims at bridging the gap between the law in the books and the law in action. It creates a platform of exchange of knowledge and experiences between judges and academics. European Courts publishes a monthly newsmagazine that provides an overview of recent case law from the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union. Editors: Marc de Werd, Roel Andrea, Robin Cozijnsen, Menco Rasterhoff, Nienke de Visser, Mirjam Winkels. Copyright 2013 Marc de Werd

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EUROPEAN COURTS No. 6 (June 2013)

INDEX
1. JUDGMENTS FROM THE EUROPEAN COURT OF HUMAN RIGHTS READ THE COURTS CASE LAW INFORMATION NOTES PROHIBITION OF TORTURE (Article 3) RIGHT TO LIBERTY AND SECURITY (Article 5) RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (Article 8) DECISION ON ADMISSIBILTY PROTECTION OF PROPERTY (Article 1 of Protocol No. 1)\ RIGHT TO EDUCATION (Article 2 of Protocol No. 1) RIGHT TO FREE ELECTIONS (Article 3 of Protocol No. 1)

2. JUDGMENTS FROM THE EU COURT OF JUSTICE AGRICULTURE CIVIL AND COMMERCIAL MATTERS COMMON FOREIGN AND SOCIAL SECURITY POLICY COMPETITION LAW CONSUMERS IMMIGRATION LAW INTELLECTUAL PROPERTY MEDICINAL PRODUCTS SOCIAL SECURITY STATE AID TAXES (AIR)TRANSPORT

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1. JUDGMENTS FROM THE EUROPEAN COURT OF HUMAN RIGHTS

STRASBOURG

JUDGMENTS
READ THE COURTS CASE LAW INFORMATION NOTES
The Court publishes fact sheets on Strasbourg case law and case law information notes.

PROHIBITION OF TORTURE (Article 3)


28 May2013 Eremia and others v. Moldavia press release judgment Moldovan authorities failed to prevent a police officer from repeatedly beating his wife in front of their two daughters. The case concerned the applicants complaint about the Moldovan authorities failure to protect them from the violent and abusive behaviour of their husband and father, a police officer. The Court held that, despite their knowledge of the abuse, the authorities had failed to take effective measures against Ms Eremias husband and to protect his wife from further domestic violence. It also considered that, despite the detrimental psychological effects of her daughters witnessing their fathers violence against their mother in the family home, little or no action had been taken to prevent the recurrence of such behaviour. Finally, the Court found that the authorities attitude had amounted to condoning violence and had been discriminatory towards Ms Eremia as a woman. 23 May 2013 E. A. v. Russia press release judgment The applicant, E.A., is an Uzbek national who was born in 1966. In August 2003, he was arrested in Perm (Russia) and placed in pre-trial detention. In April 2004, he was convicted of, in particular, causing fatal injuries to a person and sentenced to six years and one months imprisonment. After having served his sentence, he was released in September 2008. Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), he alleged that from 2003 to 2006 he had not received appropriate medical care in detention. Having been diagnosed with HIV, he complained in particular that an immunological assessment - being an indispensable element of the medical care for HIV patients - should have been, but had not been, carried out on a regular basis. Violation of Article 3 (inappropriate medical care in detention)

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RIGHT TO LIBERTY AND SECURITY (Article 5)


2 May 2013 Petukhova v. Russia press release judgment Russian authorities should not have authorised the involuntary psychiatric examination of a schizophrenic In todays Chamber judgment in the case of Petukhova v. Russia (application no. 28796/07), which is not final1, the European Court of Human Rights held, unanimously, that there had been: a violation of Article 5 1 (right to liberty and security) of the European Convention on Human Rights. The case concerned a Russian national who complained in particular that she had been unlawfully held in police custody before being transferred to hospital for an involuntary psychiatric examination. Given that the Russian courts had failed to review whether the applicant had indeed refused to have a psychiatric examination, the Court considered that the order authorising her involuntary psychiatric examination had been unlawful. It further held that, since the applicant had neither been informed about the order nor given an opportunity to comply with it, her detention at the police station prior to her transfer to the hospital for involuntary examination had been inconsistent with one of the exceptions set out under Article 5 1 (b), which allowed deprivation of liberty in order to ensure compliance with a lawful order of a court. Her complaint concerning her involuntary hospitalisation was declared inadmissible.

RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE (Article 8)


28 May 2013 Leventolu Abdulkadirolu v. Turkey press release judgment Impossibility for married women to use just their maiden name is discriminatory. The case concerned the complaint by a woman that, under Turkish law, she was not allowed to keep just her maiden name in official documents after getting married, whereas married men kept their surname. The Court held that this difference in treatment on grounds of sex between persons in an analogous situation had no objective and reasonable justification. 16 May 2013 Garnaga v. Oekraine press release judgment Restrictions on changing patronymic unjustified The case concerned the Ukrainian authorities refusal to allow Ms Garnaga to change her patronymic the middle name derived from the fathers forename. The Court held in particular that the applicable law had not been clear enough and that the authorities had not given a justification for the restrictions on changing the patronymic while at the same time there was almost complete liberty to change ones forename or surname. 14 May 2013 Gross t. Zwitserland press release judgment Swiss law not clear enough as to when assisted suicide is permitted The case concerned the complaint of an elderly woman, who wishes to end her life but does not suffer from a clinical illness, that she was unable to obtain the Swiss authorities permission to be provided with a lethal dose of a drug in order to commit suicide. The Court held in particular that Swiss law, while providing the possibility of obtaining a lethal dose of a drug on medical prescription, did not provide sufficient guidelines ensuring clarity as to the extent of this right. This uncertain situation was likely to have caused Ms Gross a considerable degree of anguish. At the same time, the Court did not take a stance on the question of whether she should have been granted the possibility to acquire a lethal dose of medication allowing her to end her life. In the case Haas v. Switzerland it had already acknowledged that an individuals right to decide the way in which and at which point his or her life should end, provided that he or she was in a position to freely form his or her judgment and to act accordingly, was one of the aspects of the right to respect for private life. The Court considered that this lack of clear legal guidelines was likely to have a deterrent effect on doctors who would have otherwise be inclined to provide a person in Ms Gross situation with the requested situation.

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RELINQUISHMENT TO THE GRAND CHAMBER (Article 30)


30 May 2013 S.A.S. v. France press release Case Relinquishment to the Grand Chamber of a case concerning the wearing of the burka in public places in France. Under Law no. 2010-1192 of 11 October 2010, which came into force on 11 April 2011, it is forbidden to conceal ones face in public places. The applicant, who is a practising Muslim, states that she wears the burka in order to live according to her faith, her culture and her personal convictions. She specifies that it is a garment that covers the entire body and includes both a thin veil covering the face and the niqab, a veil covering the entire face except the eyes. She points out that neither her husband nor any other member of her family puts pressure on her to wear the burka. She adds that she wears the niqab in public and in private, but not systematically. She agrees not to wear the niqab in some circumstances but wants to be able to wear it when she chooses to. Her purpose, she states, is not to inconvenience others but to live according to her principles.

DECISION ON ADMISSIBILTY
7 May 2013 Kupenova and others v. Bulgaria press release decision AND Nedelcheva and others v. Bulgaria press release judgment Black sea coastal resort restitution of land cases Both cases concerned applications brought by 12 Bulgarian nationals who live in Burgas (a port city on the Black Sea) and Sozopol (a resort on the Black Sea). All the applicants complained that the authorities had refused to restore to them land expropriated from their ancestors after 1945 and on which the State-owned seaside resort Duni had subsequently been constructed. In the Chamber judgment Nedelcheva and Others the Court found in particular that the authorities had failed to enforce a final court judgment of 4 January 2008 in which the applicants had been awarded compensation in lieu of restitution of the land and that they had been responsible for lengthy delays in the procedures for restitution and compensation. However, in the decision Kupenova and Others, which raised similar factual and legal issues, the Court rejected the applicants complaints as inadmissible as the case did not concern compensation for loss of property but the provision of an alternative means of completing the restitution process and, as it had been established that restitution in kind was impossible, it still remained open for the applicants to assert their restitution rights by claiming the compensation provided for by domestic law. 30 april 2013 Hasan Uzun t. Turkije press release decision An individual application must be lodged with the Turkish Constitutional Court before the case can be taken to Strasbourg The Court reiterated that the rule of the exhaustion of domestic remedies was an indispensible part of the functioning of the Convention mechanism. Having examined the main aspects of the new remedy before the Turkish Constitutional Court, the Court found that the Turkish Parliament had entrusted that court with powers that enabled it to provide, in principle, direct and speedy redress for violations of the rights and freedoms protected by the Convention.

PROTECTION OF PROPERTY (Article 1 of Protocol No. 1)


98 per cent tax on part of the severance pay of a Hungarian civil servant violated her right to peaceful enjoyment of property 14 May 2013 N.K.M. v. Hungary press release judgment The case concerned a civil servant who complained in particular that the imposition of a 98 per cent tax on part of her severance pay under a legislation entered into force ten weeks before her dismissal had amounted to an unjustified deprivation of property. Despite the wide discretion that the Hungarian authorities enjoyed in matters of taxation, the Court held that the means employed had been disproportionate to the legitimate aim pursued of protecting the public purse against excessive severance payments. Nor had the applicant

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been provided with a transitional period in which to adjust to the new severance scheme. Moreover, in depriving her of an acquired right which served the special social interest of reintegrating the labour market, the Hungarian authorities had exposed the applicant to an excessive individual burden.

2 May 2013 Panteliou-Darne and Blantzouka t. Griekenland press release judgment Two air-hostesses working in the public sector sought the retroactive payment of family allowances that their employer, under statutory provisions that were declared unconstitutional in 2001, had stopped paying them in 1997. In view of the period of several years that had elapsed before the applicants brought their cases to a court, the Court found that their employer had been legitimately entitled to conclude that they had waived any claims to such allowances. In addition, the Court took the view that the retroactive payment of family allowances to all employees would have had serious consequences for the economic viability of the airline which was already in administration. The Court thus concluded that the Greek courts dismissal of the applicants claims had not upset the fair balance between the requirements of the general interest and the protection of their right to the peaceful enjoyment of their possessions.

RIGHT TO EDUCATION (Article 2 of Protocol No. 1)


30 May 2013 Lavida and others v. Greece press release judgment School placements for Roma children must not amount to ethnic or racial segregation The case concerned the education of Roma children who were restricted to attending a primary school in which the only pupils were other Roma children. The Court found that the continuing nature of this situation and the States refusal to take anti-segregation measures implied discrimination and a breach of the right to education.

RIGHT TO FREE ELECTIONS (Article 3 of Protocol No. 1)


7 May 2013 Shindler v. United Kingdom press release judgment

The case concerned whether the right to vote of a British national not resident in the United Kingdom since 1982 had been violated by election laws preventing those resident outside of the United Kingdom for more than 15 years from voting. The Court, taking into account the room for manoeuvre (margin of appreciation) to be left to the United Kingdom Government in regulating its parliamentary elections, decided that the election law in question had not gone too far in restricting the right to Mr Shindlers right to free elections.

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2. JUDGMENTS FROM THE EU COURT OF JUSTICE

LUXEMBURG

JUDGMENTS
AGRICULTURE
30 May 2013 Cases T-454/10 + T-482/11 Anicav / Commission + Agrucon / Commission judgment Agriculture Common organisation of the markets Aid in the fruit and vegetable sector Actions for annulment Whether directly concerned Admissibility Processed fruit and vegetables Operational funds and operational programmes Funding of [non-]genuine processing activities 29 May 2013 Case C-101/12 Schaible opinion Agriculture Regulation (EC) No 21/2004 Identification and registration of ovine and caprine animals Article 16 of the Charter of Fundamental Rights of the European Union Article 20 of the Charter Proportionality Equality

CITIZENSHIP OF THE UNION


29 May 2013 Case C-140/12 Brey opinion Citizenship of the Union Freedom of movement for persons Article 7(1)(b) of Directive 2004/38/EC Right of residence for a period longer than three months on the territory of another Member State Persons having ceased their professional activity Conditions for residence Application for a special non-contributory cash benefit (Ausgleichszulage) Notion of social assistance 29 May 2013 Case C-95/12 Commission / Germany opinion Action under Article 260(2) TFEU Judgment of the Court establishing a failure to fulfil obligations Meaning and scope of the judgment Financial penalties Penalty payment Lump sum payment Alleged ambiguity of the judgment Time elapsed between the end of the pre-litigation procedure and the commencement of proceedings before the Court Application for interpretation 8 May 2013 Case C-87/12 Ymeraga e.a. judgment Citizenship of the Union Article 20 TFEU Right of residence of third-country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement Fundamental rights 8 May 2013 C-197/11 + C-203/11 Libert e.a. All Projects & Developments judgment Fundamental freedoms Restriction Justification State aid Concept of public works contract Land and buildings located in certain communes National legislation making the transfer of land and buildings subject to the condition that there exists a sufficient connection between the prospective buyer or tenant and the target commune Social obligation on subdividers and developers Tax incentives and subsidy mechanisms

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8 May 2013 Case C-529/11 Alarape en Tijani judgment Freedom of movement for persons Regulation (EEC) No 1612/68 Article 12 Divorced spouse of a national of a Member State who has worked in another Member State Adult child pursuing his studies in the host Member State Right of residence of parent who is national of a non -Member State Directive 2004/38/EC Articles 16 to 18 Right of permanent residence of family members of a Union citizen who are not nationals of a Member State Legal residence Residence based on Article 12 above

CIVIL AND COMMERCIAL MATTERS


16 May 2013 Case C-157/12 Salzgitter Mannesmann Handel opinion Judicial cooperation in civil matters Regulation (EC) No 44/2001 Enforcement of a judgment given in another Member State Grounds for refusing enforcement Previous decision from the same Member State in proceedings involving the same subject-matter and cause of action, and between the same parties Irreconcilable judgments 16 May 2013 Case C-228/12 Melzer judgment Judicial cooperation in civil matters Special jurisdiction in matters of tort, delict and quasi-delict Cross-border participation by several persons in the same unlawful act Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (wechselseitige Handlungsortzurechnung)

COMMON FOREIGN AND SOCIAL SECURITY POLICY


28 May 2013 Case T-187/11 Trabelsi - judgment Common foreign and security policy Restrictive measures directed against certain persons and entities in view of the situation in Tunisia Freezing of funds Article 17(1) of the Charter of Fundamental Rights of the European Union Action for damages Article 44(1)(c) of the Rules of Procedure of the General Court Inadmissibility 28 May 2013 Case C-239/12 Abdulrahim judgment Appeal Common foreign and security policy (CFSP) Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban Regulation (EC) No 881/2002 Action for annulment Removal of the interested party from the list of persons and entities concerned Interest in bringing proceedings 17 May 2013 Case T-146/09 Parker ITR en Parker-Hannifin judgment Competition Agreements, decisions and concerted practices European market for marine hoses Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement Price-fixing, market-sharing and the exchange of commercially sensitive information Attributability of unlawful conduct Fines 2006 Guidelines on the method of setting fines Legal certainty Ceiling of 10% Mitigating circumstances Cooperation 17 May 2013 Gevoegde zaken T-147/09 + T-148/09 Trelleborg Industrie / Trelleborg - judgment Competition Agreements, decisions and concerted practices European market for marine hoses Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement Price-fixing, market-sharing and the exchange of commercially sensitive information Concept of continuing or repeated infringement Limitation period Legal certainty Equal treatment Fines Gravity and duration of the infringement 8 May 2013 Case C-508/11 P ENI - judgment Appeals Competition Agreements, decisions and concerted practices Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation Attributability of unlawful conduct of subsidiaries to their parent companies Presumption of the actual exercise of a decisive influence Obligation to state reasons Gravity of the infringement Multiplier for deterrence Actual impact on the market Aggravating circumstances Repeated infringements

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COMPETITION LAW
30 May 2013 Case C-40/12 P Gascogne Sack Deutschland (anciennement Sachsa Verpackung opinion Appeal Competition Cartel Industrial plastic bags sector Fines Breach of fundamental right to a fair hearing within a reasonable time by the General Court 30 May 2013 Case C-50/12 P Kendrion opinion AND 30 May 2013 Case C-58/12 P Groupe Gascogne opinion Appeal Competition Cartel Industrial plastic bags sector Fines Breach of fundamental right to a fair hearing within a reasonable time by the General Court

CONSUMERS
30 May 2013 Case C-397/11 Jrs judgment Directive 93/13/EEC Unfair terms in consumer contracts Examination by the national court, of its own motion, as to whether a contractual term is unfair Consequences to be drawn by the national court from a finding that the term is unfair 30 May 2013 Case C-488/11 Asbeek Brusse AND de Man Garabito judgment Directive 93/13/EEC Unfair terms in consumer contracts Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis Examination by the national court, of its own motion, as to whether a contractual term is unfair Penalty clause Annulment of the clause

DATA PROTECTION
30 May 2013 Case C-342/12 Worten judgment Processing of personal data Directive 95/46/EC Article 2 Concept of personal data Articles 6 and 7 Principles relating to data quality and criteria for making data processing legitimate Article 17 Security of processing Working time Record of working time Access by the national authority responsible for monitoring working conditions Employers obligation to make available the record of working time so as to allow its immediate consultation

IMMIGRATION LAW
30 May 2013 Case C-528/11 Halaf judgment Asylum Regulation (EC) No 343/2003 Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national Article 3(2) Discretion of the Member States Role of the Office of the United Nations High Commissioner for Refugees Obligation of Member States to request that Office to present its views None 30 May 2013 Case C-534/11 Arslan judgment Area of freedom, security and justice Directive 2008/115/EC Common standards and procedures for returning illegally staying third-country nationals Applicability to asylum seekers Possibility of keeping a third-country national in detention after an application for asylum has been made

INTELLECTUAL PROPERTY
30 May 2013 Case T-396/11 ultra air / OHMI - Donaldson Filtration Deutschland (ultrafilter international) judgment Community trade mark Invalidity proceedings Community word mark ultrafilter international Absolute ground for refusal Article 52(1)(a) of Regulation (EC) No 207/2009 Abuse of rights

16 May 2013 Case C-609/11 P Centrotherm Systemtechnik / centrotherm Clean Solutions opinion

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Appeal Community trade mark Application for revocation Evidence filed after expiry of the time-limit set by OHIM Allocation of the burden of proof Examination of facts by OHIM of its own motion Probative value of sworn statement 16 May 2013 Case C-610/11 P Centrotherm Systemtechnik / centrotherm Clean Solutions opinion Appeal Community trade mark Application for revocation Evidence filed after expiry of the time-limit set by OHIM Allocation of the burden of proof Examination of facts by OHIM of its own motion Probative value of sworn statement 16 May 2013 Case C-122/12 P Rintisch / BHIM opinion Appeal Community trade mark Opposition Evidence of existence and validity of earlier mark Evidence and translations filed after expiry of the time-limit set by OHIM Discretion of the Board of Appeal 16 May 2013 Case C-621/11 P New Yorker SHK Jeans / BHIM opinion Appeal Community trade mark Opposition proceedings Proof of genuine use Evidence filed after the expiry of the time-limit set 14 May 2013 Case T-249/11 Sanco / OHMI - Marsalman (Reprsentation d'un poulet) judgment Community trade mark Opposition proceedings Application for Community figurative mark representing a chicken Earlier national figurative mark representing a chicken Relative ground for refusal Similarity between goods and services Article 8(1)(b) of Regulation (EC) No 207/2009 14 May 2013 Case T-244/12 Unister / OHMI (fluege.de) judgment Community trade mark Application for the Community word mark fluege.de Absolute grounds for refusal Descriptive character No distinctive character Distinctive character acquired through use Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009 7 May 2013 Case T-579/10 macros consult / OHMI - MIP Metro (makro) judgment Community trade mark Invalidity proceedings Community figurative mark makro Company name macros consult GmbH Right acquired prior to the application for registration of a Community trade mark and entitling its holder to prohibit the use of the Community trade mark applied for Non-registered signs protected under German law Article 5 of the Markengesetz Article 8(4), Article 53(1)(c), and Article 65 of Regulation (EC) No 207/2009

MEDIA
16 May 2013 Case C-234/12 Sky Italia opinion Directive 2010/13/EU Audiovisual media services Limitation of transmission time for television advertising Stricter national rules for pay TV than for free-to-air TV General principle of equal treatment under EU law Fundamental freedoms of the European internal market Freedom and pluralism of the media

MEDICINAL PRODUCTS
30 May 2013 Case C-109/12 Laboratoires Lyocentre opinion Medicinal product Medical device CE marking Product classification Procedure

SOCIAL SECURITY
16 May 2013 Case C-598/10 Wencel judgment Article 45 TFEU Regulation (EEC) No 1408/71 Article 10 Old-age benefits Habitual residence in two different Member States A survivors pension received in one of those States and a retirement pension in the other Withdrawal of one of those benefits Recovery of benefits to which it is alleged the recipient was not entitled

STATE AID

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30 May 2013 Case C-677/11 Doux levage en Cooprative agricole UKL-ARREE judgment Article 107(1) TFEU State aid Concept of State resources Concept of imputability to the State Inter-trade organisations in the agricultural sector Recognised organisations Common activities decided on by those organisations in the interests of trade Financing by means of contributions introduced on a voluntary basis by those organisations Administrative measure making those contributions compulsory for all traders in the agricultural industry affected

TAXES
30 May 2013 Case C-651/11 X judgment VAT Sixth Directive 77/388/EEC Article 5(8) Concept of transfer of a totality of assets or part thereof Disposal of 30% of the shares in a company to which the transferor supplies services that are subject to VAT 30 May 2013 Case C-663/11 Scandic Distilleries judgment Request for a preliminary ruling Directive 92/12/EEC Excise duties Products released for consumption in a Member State where the excise duty was paid Same products transported to another Member State where the excise duty has also been paid Request for reimbursement of the excise duty paid in the first Member State Refusal for not introducing the request before the goods were dispatched Compatibility with European Union law 16 May 2013 Case C-169/12 TNT Express Worldwide - judgment Value added tax Directive 2006/112/EC Article 66(a) to (c) Transport and shipping services Chargeability Date on which payment is received and no later than 30 days from the date on which the services are supplied Invoice issued earlier 16 May 2013 Case C-191/12 Alakor Gabonatermel s Forgalmaz Kft. judgment Non-repayment of the entirety of value added tax unduly paid National legislation precluding repayment of VAT because it has been passed on to a third party Compensation in the form of aid covering a fraction of the nondeductible VAT Unjust enrichment 8 May 2013 Case C-142/12 Marinov judgment Value added tax Directive 2006/112/EC Articles 18(c), 74 and 80 Cessation of the taxable economic activity Removal of the taxable person from the VAT register by the tax authorities Retention of goods on which the VAT became deductible Taxable amount Open market value or purchase value Determination at the time of the transaction Direct effect of Article 74 8 May 2013 Case C-271/12 Petroma Transports - judgment Taxation Value added tax Sixth Directive 77/388/EEC Right to deduct input tax Obligations of the taxable person Possession of improper or inaccurate invoices Omission of mandatory particulars Refusal of the right to deduct Evidence subsequent to the occurrence of the transactions invoiced Correcting invoices Right to refund of VAT Principle of neutrality

(AIR)TRANSPORT
30 May 2013 Case C-512/10 Commissie / Polen judgment Failure of a Member State to fulfil obligations Transport Directive 91/440/EEC Development of the Communitys railways Directive 2001/14/EC Allocation of railway infrastructure capacity Article 6(2) and (3) of Directive 2001/14 Continued absence of financial balance Articles 6(1) and 7(3) and (4) of Directive 91/440 Absence of incentives for infrastructure managers Articles 7(3) and 8(1) of Directive 2001/14 Calculation of the minimum access charge

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