CASES IN THE EUROPEAN COURT OF JUSTICE.

• Position: Calendar

Court of Justice

Tuesday December 14

-Judgment C-463/01 Commission v Germany: Free movement of goods. Failure by a State to comply with its obligations. Article 5 of European Parliament and Council Directive 94/62/EC on packaging and packaging waste in conjunction with Article 28 EC and Article 3 in conjunction with point 2(d) of Annex II to Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters. National legislation providing for deposit systems with a view to reducing the percentage of cases of non-reused packaging.

- Judgment C-309/02 Radlberger Getranke and S. Spitz: Free movement of goods. Interpretation of Article 1(2), Article 7 and Article 18 of European Parliament and Council Directive 94/62/EC on packaging and packaging waste and of Article 28 EC. National legislation on drinks packaging. Measures intended to maintain the percentage of reusable packaging . Restrictions for recyclable packaging

- Judgment C-434/02 Arnold Andre: Approximation of laws. Preliminary ruling. Validity of Article 8 of Directive 2001/37/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products. 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. Proportionality of the total ban on marketing.

- Judgment C-210/03 Swedish Match and Others: Approximation of laws. Reference for a preliminary ruling. High Court of Justice of England and Wales. 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 of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning 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.

- Advocate-General's Opinion C-281/02 Owusu: Judgments Convention/Enforcement of judgments. Court of Appeal Interpretation of the Brussels convention, in particular article. 2. Compatibility of a decision, by the jurisdiction of the defendant's member state.

- Hearing C-543/03 Dodl and Oberhollenzer: Social security for migrant workers.

Reference for a preliminary ruling. Interpretation of article 73 in combination with article 13 of ruling 1408/71 of the Council relating to the application of social security systems to salaried workers, non salaried workers and member of their family located within the EU, in its amended version put in place by ruling 118/97 of the Council, in addition to ruling 574/72 of the Council fixing the application of regulation 1408/71.

- Advocate-General's Opinion C-33/03 Commission v United Kingdom: Taxation. Failure by a Member State to fulfil obligations. Breach of Arts. 17 and 18 of Directive 77/388/EEC: Sixth Council Directive on the harmonisation of the laws of the Member States relating to turnover taxes. Common system of VAT: uniform basis of assessment. Vehicles used for business purposes. National rules permitting deduction of tax on fuel used by employees in their employer's vehicles

Wednesday December 15

- Hearing C-465/03 Kretztechnik: Taxation. Reference for a preliminary ruling. Unabhangiger Finanzsenat der Aussenstelle Linz. Interpretation of Articles 2(1) and 17 of Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes. Common system of VAT: uniform basis of assessment. Issue of shares by a limited company in connection with an increase of capital

- Hearing C-287/03 Commission v Belgium: Freedom to provide services. Failure of a member state to fulfil its obligations. Article 49 CE. Programme of loyalty: benefit of cross-border services. Preliminary condition. Application of discriminatory and disproportionate conditions.

- Hearing C-416/02 Commission v Spain: Environment and consumers. Failure by a Member State to fulfil its obligations. Failure to fulfil a number of obligations relating to environmental matters under: Articles 4, 9 and 13 of Council Directive 91/156/EEC amending Directive 75/442/EEC on waste; Articles 2 and 4(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, either in its original wording or as amended by...