do-me/EUR-LEX huggingface dataset:
Case C-240/10: Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany) lodged on 14 May 2010 — Cathy Schulz-Delzers and Pascal Schulz v Finanzamt Stuttgart III
Date: 2010-05-14
Institutions: Court of Justice
Subjects: EU law - national law, Germany, discrimination on the basis of nationality, free movement of persons, free movement of workers, interpretation of the law








C_2010221EN.01001801.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/18





Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg (Germany) lodged on 14 May 2010 — Cathy Schulz-Delzers and Pascal Schulz v Finanzamt Stuttgart III
(Case C-240/10)
()
2010/C 221/29
Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings


Applicant: Cathy Schulz-Delzers and Pascal Schulz

Defendant: Finanzamt Stuttgart III

Questions referred







1.








(a)


Is Paragraph 3(64) of the Einkommensteuergesetz (Law on Income Tax), in the version applicable in 2005 and 2006, compatible with the freedom of movement of workers pursuant to Article 45 of the ‘Consolidated Version of the Treaty on the Functioning of the European Union’ (TFEU) (Article 39 of the Treaty on the Establishment of the European Community; ‘EC Treaty’)?










(b)


Does Paragraph 3(64) of the Einkommensteuergesetz, in the version applicable in 2005 and 2006, constitute covert discrimination on grounds of nationality prohibited by Article 18 TFEU (Article 12 EC Treaty)?














2.


If the reply to the first question is in the negative: is Paragraph 3(64) of the Einkommensteuergesetz, in the version applicable in 2005 and 2006, compatible with the freedom of movement of Union citizens under Article 21 TFEU (Article 18 EC Treaty)?
Case F-31/10: Action brought on 14 May 2010 — Guittet v Commission
Date: 2010-05-14
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), disability insurance








C_2010179EN.01005903.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/59






Action brought on 14 May 2010 — Guittet v Commission
(Case F-31/10)
(2010/C 179/105)
Language of the case: French

Parties


Applicant: Christian Guittet (Cannes, France) (represented by: L. Levi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

First, annulment of the decision to close the oral procedure opened under Article 73 of the Staff Regulations, granting the applicant a rate of permanent invalidity of 64.5 %, and, secondly, an application for compensation for the material and non-material harm suffered.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of the appointing authority of 27 July 2009 closing the procedure opened under Article 73 of the Staff Regulations following the applicant’s accident of 8 December 2003;










—


so far as necessary, annul the decision of 16 February 2010 rejecting the applicant’s complaint;










—


as a result, conclude that the rate of permanent partial invalidity (PPI) be evaluated on the basis of the rules and the scale for evaluation in force at the date of the accident and until 1 January 2006, that the application brought by the applicant under Article 73 of the Staff Regulations be re-examined by a medical committee made up of an impartial, independent and neutral body which can work quickly, with complete independence and without bias;










—


order the defendant to pay default interest on the capital due under Article 73 of the Staff Regulations at a rate of 12 % over a period which opened at the latest on 8 December 2004, until complete payment of the capital;










—


order the defendant to pay damages, fixed on equitable principles at EUR 50 000, in respect of the non-material harm suffered as a result of the decision taken;










—


order the defendant to pay damages, fixed at EUR 15 000, in respect of the material harm suffered as a result of the decision taken;










—


order the European Commission to pay the costs.
Case F-32/10: Action brought on 14 May 2010 — Wilk v Commission
Date: 2010-05-14
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, divorce, redemption








C_2010179EN.01006001.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/60






Action brought on 14 May 2010 — Wilk v Commission
(Case F-32/10)
(2010/C 179/106)
Language of the case: French

Parties


Applicant: Christian Wilk (Trier, Germany) (represented by: R. Adam, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of decisions ordering recovery of one half of the installation allowance paid to the applicant following his divorce, and an application for damages.

Form of order sought







—


annul the Commission decisions of 20 August 2009 and 8 September 2009 ordering recovery of alleged overpayment;










—


annul the Commission decision of 15 February 2010 upholding that recovery;










—


order the Commission to repay the sum taken back by the Commission with interest at the statutory rate from the date of recovery until settlement;










—


order the Commission to pay damages for having seriously damaged the applicant’s image and reputation;










—


alternatively, reserve to the applicant the right to claim additional damages for the harm suffered;










—


order the European Commission to pay the costs.