Judgment of the court (fifth chamber) 9

The principal shall be the [holder of the procedure] under the external Community transit procedure. He shall be responsible for:. In the case of successive sales before valuation, only the last sale, which led to the introduction of the goods into the customs territory of the Community, or a sale taking place in the customs territory of the Community before entry for free circulation of the goods shall constitute such indication.

Where a price is declared which relates to a sale taking place before the last sale on the basis of which the goods were introduced into the customs territory of the Community, it must be demonstrated to the satisfaction of the customs authorities that this sale of goods took place for export to the customs territory in question.

If, in applying this Article, more than one transaction value of similar goods is found, the lowest such value shall be used to determine the customs value for the imported goods.

Nonetheless, the information provided by the producer of the goods for the purposes of determining the customs value under that Article may be verified in a non-Community country by the customs authorities of a Member State with the agreement of the producer and provided that such authorities give sufficient advance notice to the authorities of the country in question and the latter do not object to the investigation.

The dispute in the main proceedings and the questions referred for a preliminary ruling. Accordingly, the price for export of goods to a third country does not necessarily correspond to the price that would have been established for export of those goods to the customs territory of the European Union. It is for the Member States, exercising their procedural autonomy, to regulate the consequences of a failure by the customs authorities to fulfil their obligation to state reasons and to determine whether and to what extent such a failure may be remedied in the course of legal proceedings, subject to observance of the principles of equivalence and effectiveness.

It is also appropriate to allow the person concerned to provide them with any information he may have in his possession which may contribute to determining the customs value of the goods pursuant to that provision.

That authority is, however, required to consult all the information sources and databases available to it. It must also allow the economic operators concerned to provide it with any information which may contribute to determining the customs value of the goods pursuant to that provision. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.

Share Twitter LinkedIn. Consenti Ulteriori informazioni.United KingdomApp. The House of Lords declared the derogation incompatible with the ECHR, on the grounds that it discriminated between nationals and non-nationals, as it allowed the preventative detention only of the latter. The Court found no violation of Article 3, since the detention was not, in fact, indefinite, as the applicants had available a variety of remedies to challenge it.

judgment of the court (fifth chamber) 9

This decision of the Court seems right to me, at least on the facts — though perhaps the threshold for the preventative detention to amount to a violation of Article 3 is a bit too rigidly set, in the comparison to an irreducible life sentence. In any case, this part of the judgment is hardly earth-shattering. The Court rejected both of these objections paras. The Court then moved to the merits. There was no evidence that, for example, the UK government was negotiating with other states with the view of facilitating deportation.

The Court further distinguished on the facts the Chahal case, where it found no violation of Art. Rather para. It is, instead, clear from the terms of the derogation notice and Part 4 of the Act that the applicants were certified and detained because they were suspected of being international terrorists and because it was believed that their presence at liberty in the United Kingdom gave rise to a threat to national security.

If detention does not fit within the confines of the paragraphs as interpreted by the Court, it cannot be made to fit by an appeal to the need to balance the interests of the State against those of the detainee. The Court went on to examine the derogation. The Court first acknowledged that in emergency circumstances which can justify a derogation, the national authorities have a large margin of appreciation, i. But then the Court added a twist para.

As soon as the Court said that, the outcome of the case was clear. Of course the House of Lords decision in Belmarsh was not manifestly unreasonable, far from it; therefore, the derogation could not be upheld.

Nonetheless, the Court did provide some guidance to states on how it would treat derogations, especially in the context of terrorism. Indeed, the terrorist attacks in London in only confirmed that such an emergency existed para. The duration of the emergency should be taken into account in the proportionality assessment, but there was no specific temporal limitation to Article 15 para.

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Fourth, the Court acknowledged the fact that the UK was the only European state to make a derogation under Article 15, the Court accepted that. In addition, significant weight must be accorded to the views of the national courts, who were better placed to assess the evidence relating to the existence of an emergency.

The doctrine of the margin of appreciation has always been meant as a tool to define relations between the domestic authorities and the Court. It cannot have the same application to the relations between the organs of State at the domestic level.

As the House of Lords held, the question of proportionality is ultimately a judicial decision, particularly in a case such as the present where the applicants were deprived of their fundamental right to liberty over a long period of time. In any event, having regard to the careful way in which the House of Lords approached the issues, it cannot be said that inadequate weight was given to the views of the executive or of Parliament.

On the other hand, the Court is exactly right that the margin of appreciation doctrine is a deference doctrine that is applicable only between the Court and the member states, not within the member states themselves. National courts may of course give deference to their own executives; but they cannot do so, and are certainly not required to do so, by the ECHR margin of appreciation doctrine.

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Where, as here, the measures are found to be disproportionate to that threat and to be discriminatory in their effect, there is no need to go further and examine their application in the concrete case of each applicant. Like the House of Lords, the Court then considered that the limitation of the derogation measures to non-UK nationals was disproportionate and discriminatory para. The Court thus found the derogation to have been disproportionate.

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The Court assessed each of the complaints on a case-by-case basis, and found that four of the applicants were indeed unable to effectively challenge the allegations against them, while there was no violation in respect of five other applicants paras.

The Court further found a breach of Art. The Court then proceeded to the question of just satisfaction for the determined violations of Article 5. It remarked that though in many previous cases of unlawful detention it had decided to award large damages. The present case is, however, very different. The detention scheme in Part 4 of the Act was devised in good faith, as an attempt to reconcile the need to prevent the commission of acts of terrorism with the obligation under Article 3 of the Convention not to remove or deport any person to a country where he could face a real risk of ill-treatment see paragraph above.The Court was established inand is based in Luxembourg.

It is composed of one judge per member state — currently 27 — although it normally hears cases in panels of three, five or 15 judges. One judge was appointed from each member state and the seventh seat rotated between the "large Member States" West Germany, France and Italy. The Maastricht Treaty was ratified inand created the European Union. The name of the Court did not change unlike the other institutions. The power of the Court resided in the Community pillar the first pillar. The Court gained power inwith the signing of the Amsterdam Treaty.

Issues from the third pillar were transferred to the first pillar. Previously, these issues were settled between the member states. The Court of First Instance was renamed as the "General Court", and the term "Court of Justice of the European Union" now officially designates the two courts, as along with its specialised tribunals, taken together.

Although, only courts of final appeal are bound to refer a question of EU law when one is addressed. The court also acts as arbiter between the EU's institutions and can annul the latter's legal rights if it acts outside its powers.


The Judges and Advocates-General are appointed by common accord of the governments of the member states [8] and hold office for a renewable term of six years. The treaties require that they are chosen from legal experts whose independence is "beyond doubt" and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are of recognised competence.

The President of the Court of Justice is elected from and by the judges for a renewable term of three years. The president presides over hearings and deliberations, directing both judicial business and administration for example, the time table of the Court and Grand Chamber. He also assigns cases to the chambers for examination and appoints judge as rapporteurs reporting judges. The post of vice-president was created by amendments to the Statute of the Court of Justice in The duty of the Vice-President is to assist the President in the performance of his duties and to take the President's place when the latter is prevented from attending or when the office of president is vacant.

Like the President of the Court of Justice, the Vice-President is elected by the members of the Court for a term of three years.

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The judges are assisted by eleven [14] Advocates General, whose number may be increased by the Council if the Court so requests. The Advocates General are responsible for presenting a legal opinion on the cases assigned to them. They can question the parties involved and then give their opinion on a legal solution to the case before the judges deliberate and deliver their judgment. The intention behind having Advocates General attached is to provide independent and impartial opinions concerning the Court's cases.

Unlike the Court's judgments, the written opinions of the Advocates General are the works of a single author and are consequently generally more readable and deal with the legal issues more comprehensively than the Court, which is limited to the particular matters at hand. The opinions of the Advocates General are advisory and do not bind the Court, but they are nonetheless very influential and are followed in the majority of cases.

The Registrar is the Court's chief administrator. They manage departments under the authority of the Court's president. They help the Court, the Chambers, the President and the Judges in all their official functions.

They are responsible for the Registry as well as for the receipt, transmission and custody of documents and pleadings that have been entered in a register initialled by the President.

They are Guardian of the Seals and responsible for the Court's archives and publications. The Registrar is responsible for the administration of the Court, its financial management and its accounts. The operation of the Court is in the hands of officials and other servants who are responsible to the Registrar under the authority of the President. The Court administers its own infrastructure; this includes the Translation Directorate, which, as of [update] employed The Court can sit in plenary session, as a Grand Chamber of fifteen judges including the president and vice-presidentor in chambers of three or five judges.

Plenary sittings are now very rare, and the court mostly sits in chambers of three or five judges. The Court is required to sit in full court in exceptional cases provided for in the treaties. The court may also decide to sit in full, if the issues raised are considered to be of exceptional importance. The court acts as a collegial body: decisions are those of the court rather than of individual judges; no minority opinions are given and indeed the existence of a majority decision rather than unanimity is never suggested.The Summer School will invite highly qualified legal professionals and renowned IP experts to impart their first-hand experience and insights.

Speakers to be confirmed. Lecture Topics to be confirmed. Email: ip xmu. Introduction to Xiamen and Xiamen University:. Located in the southeast coast of China, Xiamen is a seaside city with culture integrated both eastern and western features under the background of profound exchange and communication between Xiamen and abroad in recent years.

Xiamen boasts charming coastline and multi cultures of architecture and arts. Xiamen University was founded in by Tan Kah Kee, the well-known patriotic overseas Chinese leader, the first university founded by an overseas Chinese and a high-level university well-known in China. With its attractive scenery, Xiamen University is recognized as one of the most beautiful universities among China.

Xiamen University is one of the oldest universities to hold higher legal education in China. In JuneXiamen University established law discipline, with three sub- departments as law, political science and economy.

In Februarythe School of Law was established. The current School of Law is at the base of the former law department after several adjustments. Since the reopening of law major inthe School of Law has fostered a competitive academic team with 81 full time teachers, among which 36 are professors, 21 are associate professors, 66 of them with doctoral degree. Intellectual Property Research Institute of Xiamen University IPRI is a key institute for intellectual property teaching and research as well as an open platform for academic exchange and consultation services with rich experience of international academic conference, high-level forum and training program.

Title Abstract Content.Lautsi v. Italy was a case brought before the European Court of Human Rightswhich, on 18 Marchruled that the requirement in Italian law that crucifixes be displayed in classrooms of schools does not violate the European Convention on Human Rights.

The administrative Court decided, on 17 Marchthat the presence of crucifixes in State-school classrooms did not offend the principle of secularism.


Lautsi appealed to the Supreme Administrative Court. This decision caused uproar in Italy. The Chamber argued that 'the "negative" freedom of religion was not limited to the absence of religious services or religious education: it extended to practices and symbols expressing, in particular or in general, a belief, a religion or atheism.

judgment of the court (fifth chamber) 9

It added that this "negative right" deserved special protection if it was the State, through public schools, which expressed a belief, thus placing dissenters in a situation from which they could not extract themselves except by making disproportionate efforts and sacrifices. In Marchthe case was referred to Court's Grand Chamber.

It granted that, "by prescribing the presence of crucifixes in State-schools classrooms - a sign which, whether or not it is accorded in addition a secular symbolic value, undoubtedly refers to Christianity - the regulations confer on the country's majority religion preponderant visibility in the school environment.

It added that "a crucifix on a wall is an essentially passive symbol and [ From Wikipedia, the free encyclopedia. Albertin and S. Journal for the Study of Religions and Ideologies. Hidden categories: Webarchive template wayback links Articles with French-language sources fr Articles with Italian-language sources it. Namespaces Article Talk. Views Read Edit View history. Help Community portal Recent changes Upload file. Download as PDF Printable version.It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice.

Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law.

judgment of the court (fifth chamber) 9

The creation of the General Court instituted a judicial system based on two levels of jurisdiction : all cases heard at first instance by the General Court may be subject to a right of appeal to the Court of Justice on points of law only.

In view of the increasing number of cases brought before the General Court in the last five years, to relieve it of some of the caseload, the Treaty of Nicewhich entered into force on 1 Februaryprovides for the creation of 'judicial panels' in certain specific areas. This new specialised tribunal, composed of seven judges, heard and determined at first instance disputes involving the European Civil Service. Its decisions were subject to a right of appeal before the General Court on points of law only.

Decisions given by the General Court in this area might exceptionally be subject to review by the Court of Justice. Despite the success in its mandate, [2] it was dissolved on 1 September[3] leading to the doubling of the number of judges at the General Court. Since February the General Court is composed of 54 Judges; this follows a reform which increased the number of judges to two per member state byand the departure of the UK from the EU at the end of January The Judges are appointed for a renewable term of six years by common accord of the governments of the Member States.

As of February [update]there are 49 Judges in post: 23 member states have nominated both their judges, whilst Latvia, Poland, and Slovakia have nominated just one, and Slovenia has nominated neither.

The members of the General Court elect their president and the presidents of the Chambers of five Judges from among their number for a renewable period of three years. However, the task of an Advocate General may be performed in a limited number of cases by a Judge nominated to do so. In practice this has been done occasionally. The General Court, like the Court of Justice, has the task of ensuring that the law is observed in the interpretation and application of the Treaties of the European Union and the provisions adopted by the competent Union institutions.

To fulfil its main task, the General Court has jurisdiction to hear and determine at first instance all direct actions brought by individuals and the Member States, with the exception of those to be assigned to a 'judicial panel' and those reserved for the Court of Justice.

The General Court has its own Rules of Procedure.

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As a rule, the Court's procedure includes a written phase and an oral phase. The proceedings are conducted in a language at the petitioner's choosing. As in the European Court of Justicethe working language of the Court is nevertheless French, and this includes the language the judges deliberate in and the drafting language of preliminary reports and judgments.

Each chamber has an extended composition of 5 judges. Cases are assigned by the President of the Court to a relevant divisional presiding judge. At the close of the written phase and, as the case may be, on adoption of measures of inquiry, the case is argued orally in open court. The proceedings are interpreted simultaneously, if necessary, into various official languages of the European Union.

The judges then deliberate based on a draft judgment prepared by the judge-reporter. The Court's final judgment is handed down in open court. From Wikipedia, the free encyclopedia.

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Part of the Court of Justice of the European Union. Emblem of the Court of Justice of the European Union. European Union.Fruit of the Loom, Inc. Malynicz, Barrister, and V. Marsland, Solicitor. Schneider, subsequently by D. Botis, and finally by J. Crespo Carrillo, acting as Agents. Corona and G. Ciccone, lawyers. Papasavvas, President, V. Vadapalas Rapporteur and K.

Admissibility of the first part of the form of order sought by the intervener. The goods dealt with in the invoices are identified by codes or by generic references. It applied a test of strict identity in the application of that article, whereas that provision allows the proprietor of a Community trade mark to use it presented differently, since the distinctive character of the mark is not thereby altered.

The Board of Appeal did not undertake a comparison of those two marks and did not compare the distinctive character of those marks. For those consumers, the figurative element facilitates their understanding of those marks. The purpose of that provision, which avoids imposing strict conformity between the form of the trade mark used and the form in which the mark was registered, is to allow its proprietor in the commercial exploitation of the sign to make variations which, without altering its distinctive character, enable it to be better adapted to the marketing and promotion requirements of the goods or services concerned.

In accordance with its purpose, the material scope of that provision must be regarded as limited to situations in which the sign actually used by the proprietor of a trade mark to identify the goods or services in respect of which the mark was registered, constitutes the form in which that same mark is commercially exploited. In such situations, where the sign used in trade differs from the form in which it was registered only in insignificant respects, and the two signs can therefore be regarded as broadly equivalent, the abovementioned provision envisages that the obligation to use the trade mark which was registered may be fulfilled by furnishing proof of use of the sign which constitutes the form in which it is used in trade.

At most, that expression might refer to the products obtained from the use of a loom. That assessment entails a degree of interdependence of the factors taken into account. Thus, the fact that commercial volume achieved using the mark was not high may be offset by the fact that such use was extensive or regular, and vice versa see peerstormparagraph 27 and the case-law cited.

Thus, the applicant does not challenge the conclusions as to lack of genuine use drawn by the Board of Appeal from other evidence, such as the catalogues produced, the invoices, the decision of the United Kingdom Patent Office or the documents relating to advertising or to promotional campaigns. In addition, use in the context of advertising campaigns should be regarded as use of the mark in relation to the relevant goods.

Accordingly, the action must be dismissed as unfounded. Since the intervener has been unsuccessful in its submissions, it must be ordered to bear its own costs. Orders Fruit of the Loom, Inc. In Case Law. By admin. Dismisses the action; 2. Orders Blueshore Management SA to bear its own costs. Prev Back to Knowledge Base Next.