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Supreme Court of Denmark

EU Law Decisions May 2008-December 2012 

Summaries of decisions involving EU Law

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The ”U-number” (e.g. U 2008.141 H) in the last line of each entry is a reference to the Danish legal journal ”Ugeskrift for Retsvæsen” where the full text of the decisions in most cases can be found.

An official copy of the decisions (in Danish) can be ordered from the Registry of the Court for a price of DKK 175 per decision. The amount must be received by the Registry before the copy can be delivered.


Possession of khat
Case no. 239/2012
Judgment of 21 November 2012
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004

No discrimination of teachers 
Case no. 19/2011
Judgment of 14 November 2012
Council Directive 1999/70/EC of 28 June 1999

 No referral of questions to the EU Court of Justice
Case no. 354/2011
Order made on 8 November 2012
Case-law of the Court of Justice of the European Union

Rights to gas cylinders
Case no. 16/2007
Judgment of 7 November 2012
First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, article 7

  Search and seizure
Case no. 139/2012
Judgment 31 October 2012
TFEU, article 215

Referral to the EU Court of Justice 
Case no. 53/2012, 54/2012 and 55/2012
Judgment 9 October 2012
TFEU, article 110

Teleservice guilty of unlawful discrimination on the grounds of gender
Case no. 188/2009
Judgment 9 October 2012
Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services

VAT-exempt letting
 
Case no. 314/2010
Judgment 4 October 2012
Case-law of the Court of Justice of the European Union

No claim for a VAT refund
Case no. 374/2010
Judgment 28 September 2012
EU's Sixth VAT Directive, Article 17(6)

The Environmental Board of Appeal's decisions were valid
Case no 353/2010
Judgment 7 September 2012
Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels

Wrongful collection of customs duty
Case no. 358/2010
Judgment 7 September 2012
Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code

 Trade mark infringement
Case no. 128/2010
Judgment 24 August 2012
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark

Public Procurement procedure and damages 
Case no. 88/2010
Judgment 15 June 2012
Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004
U 2012.2952 H

 Regulations in respect of driving hours and rest hours
Case no. 370/2011
Judgment 11 May 2012
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006
U 2012.2616 H

  Mutual Assistance in Criminal Matters
Case no. 358/2011
Judgment 21 March 2012
Council Framework Decision 2008/978/JHA of 18 December 2008
U 2012.2078/1H

  Reference to the EU Court of Justice 
Case no. 185/2010
Judgment 16 March 2012
Council Directive 2000/78/EC of 27 November 2000
U 2012.2033 H

 Compensation for dismissed pregnant woman  
Case no. 48/2010
Judgment 20 February 2012
Council Directive 92/85/EEC of 19 October 1992
U 2012.1782 H

Expulsion from Denmark rescinded
Case no. 194/2011
Judgment 17 February 2012
TEUF, Article 20
U 2012.1776 H

Imprisonment for long-term abuse of children committed by their father
Case no. 128/2011
Judgment 12 January 2012
EU Residence Directive Article 28(3)(a)
U 2012.1119 H 

 Marketing Campaigns were in contravention of the Marketing Practices Act
Case no. 288/2009 and case no. 289/2009
Judgment 6 January 2012
EC Treaty, Article 49
U 2012.1089 H

 Employment contract not inadequate
Case no. 35/2009
Judgment 6 October 2011
Council Directive 91/533/EEC of 14 October 1991, Article 2
U 2012.120 H

 Local authorithies had not acted negligently when cancelling a tender procedure
Case no. 185/2009
Judgment 18 August 2011
Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
U 2011.3129 H

 No general setting aside of taxation scheme containing elements which were in contravention of EU law
Case no. 469/2007
Judgment 23 June 2011
EC Treaty, Article 43
U 2011.2646 H

 Civil imprisonment of EU citizen to secure the possibility of expulsion was lawful 
Case no. 316/2010
Judgment 31 March 2011
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, Article 27
U 2011.1799 H

 Civil imprisonment of EU citizen to secure the possibility of expulsion was not lawful
Case no. 264/2010
Judgment 31 March 2011
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, Article 27
U 2011.1794 H

 Civil imprisonment to secure the possibility of expelling two EU citizens was lawful 
Case no. 143/2009
Judgment 31 March 2011
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, Article 27
U 2011.1788 H

  Civil imprisonment to secure the possibility of expulsion of EU citizen was unlawful
Case no. 319/2010
Judgment 31 March 2011
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, Article 27
U 2011.1800 H

  Expulsion and six-year entry ban for illegal residence, illegal work and use of another person's identity
Case no. 364/2010
Judgment 7 April 2011
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States , Article 27(2) and Article 28
U 2011.2014 H

 Contravention of EU public procurement rules
Case no. 67/2008
Judgment 5 April 2011
Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, article 6(6)
U 2011.1955 H

Abuse of dominant position
Case no. 183/2009
Judgment 18 March 2011
EC Treaty, Article 82 (now Article 102 of the TFEU) 
U 2011.1646 H

 S. 13(1)(18) of the Danish VAT Act
Case no. 145/2008
Judgment 21 January 2011
Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment
U 2011.1099 H

 T acquitted for contravention of the prohibition against riding a water scooter
Case no. 288/2007
Judgment 19 November 2010
TFEU Article 34
U 2011.539 H

Application of Article 236 of the Community Customs Code
Case no. 445/2007
Judgment 18 November 2010
Community Customs Code, Article 236
U 2011.531 H

 Opinion on the concept of disability as part of directions on reference of questions for a preliminary ruling was not an enforceable judgment
Case no. 283/2009 and case no. 284/2009
Judgments 7 May 2010
Directive 2000/78/EC
U 2010.2125 H

 Rights to register and use the name Broadcom
Case no. 96/2006
Judgment 25 March 2010
Regulation on the Community trade mark, article 9
U 2010.1643 H

 Appeal regarding rejection to hear reference to the Court of Justice on its merits
Case no. 344/2009
Judgment 11 February 2010
TFEU Article 267(2) and (3)
U 2010.1389 H

 EU citizens expelled following conviction
Case no. 425/2008
Judgment 19 October 2009
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004
U 2010.250 H

 Provisional injunction not issued as trade mark infringement was not proven on a balance of probabilities
Case no. 173/2008
Judgment 13 October 2009
First Council Directive 89/104/EEC of 21 December 1988 , article 5 and
article 6(1)(c)
U 2010.228 H

 Co-branding was unauthorised
Case no. 40/2008
Judgment 21 September 2009
U 2009.2956 H

 Employer's decision to introduce a general retiring age of 67 was not invalid
Case no. 214/2008
Judgment 19 June 2009
EU Directive 2000/78/EC
U 2009.2405 H

 The Danish Environmental Protection Agency not liable in damages
Case no. 240/2007
Judgment 20 May 2009
Council Regulation (EEC) 259/93
U2009.2203H

  Disclosure of inside information to a trade union not prohibited
Case no. 219/2008
Judgment 14 May 2009
Council Directive 89/592/EEC, article 3, litra a
U 2009.2142 H

 Interpretation of the Dangerous Preparations Directive and hazard labelling of textile detergents
Case no. 536/2006
Judgment 28 April 2009 
Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999, clause 6(1)(a)
U 2009.1899 H

 Venue for dismissal case under the Judgments Convention
Case no. 18/2008
Judgment 17 March 2009
EU Judgments Convention, article 5(1)
U 2009.1424 H

 Not expelled following criminal conviction
Case no. 169/2008
Judgment 29 December 2008
Directive 2004/38/EC, article 27 and 28
U 2009.809 H

 Expulsion following criminal conviction
Case no. 170/2008
Judgment 29 December 2008
Directive 2004/38/EC, article 33
U 2009.813 H

 Child benefits disbursed in accordance with the Norwegian national Insurance Act taxable in Denmark
Case no. 118/2007
Judgment 12 August 2008
EEA Agreement, article 4
U 2008.2507 H 

 Delivery prohibition on pig farm was lawful
Case no. 329/2005
Judgment 24 June 2008
Council Directive 96/22/EC
U 2008.2214 H

  Distribution of public lending right remuneration not in contravention of EU law 
Case no. 432/2006
Judgment 30 May 2008
Council Directive 92/100/EEC
U 2008.199 H 

  Seizure of goods not warranted as Diesel's figurative mark "D" had not been infringed 
Case no. 309/2005
Judgment 6 May 2008
Council Regulation (EC) 3295/94
U 2008.1826 H

  

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