CASES IN THE EUROPEAN COURT OF JUSTICE.

COURT OF JUSTICE

Tuesday October 26

- Advocate-General's Opinion C-376/03 D., Free movement of capital, Preliminary ruling. Interpretation of Article 56 EC - National legislation on wealth tax reserving the grant of a tax allowance to residents and to non-residents in so far as the greater part of their wealth is situated within the national territory.

- Hearing C-105/03 Pupino, Preliminary ruling. Interpretation of Council Framework Decision 220 of 15 March 2001 on the standing of victims in criminal proceedings - Hearing of minor witnesses - Means of protection not provided for by national legislation.

- Hearing C-376/02 "Goed Wonen", Taxation. Interpretation of Sixth Council VAT Directive (77/388/EEC) - Right to deduct input VAT paid - Retroactive amendment (but announced in advance) of the legislation as regards the right to opt, or not to opt, for taxation of the leasing or letting of immovable property.

- Judgment C-406/03 Commission v Ireland, Environment and consumers. Regulation (EC) No 2037/2000 on substances that deplete the ozone layer - Failure to take steps to promote the recovery, recycling, reclamation and destruction of controlled substances - Failure to take all precautionary measures practicable to prevent and minimise leakages of methyl bromide from fumigation installations and operations in which methyl bromide is used.

Wednesday October 27

- Hearing C-112/03 Societe financiere and industrielle du Peloux, Judgments Convention/Enforcement of judgments. The text is not available in English.

Thursday October 28

- Advocate-General's Opinion C-17/03 Vereniging voor Energie, Milieu en Water and Others, Energy. Interpretation of Art. 86(2)EC - Compatibility of national rules aimed at allowing an undertaking which was entrusted with the operation of services of general interest (in this case, the supply of electricity in the Netherlands) to honour its commitments in that connection - Grant of special rights (preferential access to systems permitting imports) for a transitional period - Principle of proportionality. Interpretation of Directive 96/92/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity - Scope of the prohibition on discrimination (whether or not limited to technical aspects).

- Advocate-General's Opinion C-53/03 Syfait and Others, Competition. Interpretation of Article 82 EC - Abuse of a dominant position - Refusal by a dominant undertaking to meet all orders placed by pharmaceutical wholesalers, with the intention of restricting their export activity and, consequently, of limiting the loss caused by parallel trade.

- Advocate-General's Opinion C-57/02 P Acerinox v Commission, CS. Appeal against the judgment of the Court of First Instance in Case T-48/98 Acerinox v Commission dismissing an application for the annulment of the Commission Decision of 21 January 1998 relating to a proceeding pursuant to Article 65 of the ECSC Treaty and fixing the amount of the fine imposed on the applicant.

- Advocate-General's Opinion C-65/02 P ThyssenKrupp Stainless (formerly Krupp Thyssen Stainless) v Commission, CS. Appeal against the judgment in Case T-45/98: Agreement on stainless steel prices - "Alloy surcharge" - Duration of the infringement - Principle of equal treatment - Co-operation during the administrative procedure.

- Advocate-General's Opinion C-73/02 P ThyssenKrupp Acciai Speciali Terni (anciennement Acciai Speciali Terni) v Commission, CS. Appeal...