National Courts

Article Abstract:

The Polish Constitutional Tribunal declared the provisions of the 1997 Criminal Procedure Code implementing the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States unconstitutional on April 27, 2005. The case note has referred to the judgment of the German Constitutional Tribunal on the German provisions implementing the EAW to examine similarities and differences between the cases on the question of the EAW implementation of these two Member State' constitutional courts.

Poland, Criminal procedure, Judgments, Judgments (Law)

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Case C-443/03, Gotz Leffler v. Berlin Chemie AG, Judgment of the Court (Grand Chamber) of 8 November 2005, nyr

Article Abstract:

The Gotz Leffler v. Berlin Chemie AG case highlights article 8(1) of the Service Regulation that permits the addressee to refuse service if the document presented to him is not in one of the languages required. The concerned article has however become the subject of severe criticism accusing it of producing wholly undesirable insecurity and raised costs.

Pharmaceutical preparations, Pharmaceutical industry, Business records

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Case C-386/04, Centro di Musicologia Walter Stauffer v. Finanzamt Munchen fur Korperschaften

Article Abstract:

The case 'Centro di Musicologia Walter Stauffer v. Finanzamt Munchen fur Korperschaften' focuses on German legal rules regarding tax exemptions for charitable organizations and indicates how much a State and its legal system encourages private advancement of the general welfare within its society.

Italy, Tax Law, Public Finance Activities, Venture Analysis, Business enterprises, Tax exemption, Tax exemptions, Endowments

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