CASES IN THE EUROPEAN COURT OF JUSTICE.

COURT OF JUSTICE

Tuesday September 7

- Judgment C-127/02 Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels, Environment and consumers. Interpretation of Article 6 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora - "plan or project" - practice of authorising mechanised fishing for cockles (cardium edule) in the Dutch Wadden Sea - interpretation of the precautionary principle (Art. 174(2) EC).

- Judgment C-319/02 Manninen, Free movement of capital. Interpretation of Articles 56 EC and 58 EC with respect to a system of income tax which provides for a tax credit for dividends distributed by domestic companies (listed on the stock exchange) but not for dividends distributed by companies established in another Member State.

- Judgments C-346/02 Commission v Luxembourg and C-347/02 Commission v France, Freedom to provide services. Failure by a State to comply with its obligations of Council Directive 92/49/EEC (third non-life insurance Directive) - System of bonuses and penalties applying to all motor insurance contracts concluded on Luxembourg and French territory, without any distinction being drawn between insurance companies based in Luxembourg/France and insurance undertakings operating there through a branch or by the provision of services.

- Judgment C-456/02 Trojani, Free movement of people. Preliminary ruling - Interpretation of Regulation No 1612/68 on freedom of movement for workers and Directive 90/364/EEC on the right of residence - Right of residence for a person without sufficient resources, working some thirty hours per week at a hostel (here the Salvation Army) in return for benefits in kind covering his essential needs in the hostel itself - Entitlement of such a person to social assistance benefits.

- Advocate-General's Opinion C-434/02 Arnold Andre, Approximation of laws. Preliminary ruling - Validity of Article 8 of Directive 2001/37/EC - Prohibition of the marketing of tobacco for oral use - Maintenance of the marketing of 'snus' in Sweden pursuant to Article 151(1) of the 1994 Act of Accession (Annex XV, Chapter X, Other) - Proportionality of the total ban on marketing (interpretation of Articles 28 EC and 95 EC).

- Advocate-General's Opinion C-210/03 Swedish Match and Others, Approximation of laws. Reference for a preliminary ruling - Interpretation of Articles 28 to 30 EC - Compatibility of a national provision prohibiting the supply of any tobacco-based product for 'oral use' - Validity of Article 8 of Directive 2001/37/EC on the manufacture, presentation and sale of tobacco products - Prohibition on the placing on the market of tobacco for oral use - Continuation of the sale of 'snus' in Sweden pursuant to Article 151(1) of the 1994 Act of Accession.

- Hearing C-141/02 P Commission v max.mobil Telekommunikation Service, Competition.

- Judgment C-469/02 Commission v Belgium, Free movement of people. Failure by a Member State to fulfil its obligations of Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community, Article 73 of Council Regulation No 1408/71 - Career-break benefit - Residence condition.

- Judgment C-1/03 Van de Walle and Others, Environment and consumers. Interpretation of Article 1 of Council Directive 75/442/EEC on waste - Meaning of "waste", "producer of waste" and "holder of waste" - Unexcavated land infiltrated by leaking hydrocarbons - Petroleum company's service station operated under an independent management contract excluding any control.

- Advocate-General's Opinion C-249/02 Portugal v Commission. Agriculture. Direct action - Annulment of the decision of 18 April 2002 entitled: "Portugal - EAGGF - Guarantee - 2002 - Application of Commission Regulation (EC) No 1750/99 - Correction to advances" - Validity of Commission Regulation (EC) No 445/2002 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund...