Translation of "ip 00 1315 à laquelle " (French → English) :

[11] The Court of Justice does not refer to the rule of law as simply a formal and procedural requirement, but also highlights its substantive value by specifying that a "Union based on the rule of law" means that the EU institutions are subject to judicial review of the compatibility of their acts not only with the Treaty but "with the general principles of law which include fundamental rights" (see ex pluribus, Case C-50/00 P, Unión de Pequeños Agricultores [2002] ECR I-06677, para 38 and 39; Joined Cases C-402/05 P and C-415/05 P, Kadi, [2008], ECR I-06351, para 316).This has been also confirmed by the European Court of Human Rights which gives the rule of law a substantive nature by establishing that it is a concept inherent in all art ...[+++]icles of the ECHR (see for example ECtHR Stafford v United Kingdom, 28 May 2001, para 63).

As regards the Board of Appeal’s argument that the shape of the product constituting the trade mark applied for cannot perform a trade mark function from the relevant consumers’ point of view on the ground that that mark is essentially dictated by aesthetic considerations (paragraphs 14 to 18 of the contested decision), it suffices to state that, in so far as the relevant public perceives the sign as an indication of the commercial origin of the goods or services, whether or not it serves simultaneously a purpose other than that of indicating commercial origin is immaterial to its distinctive character (Case T-173/00 KWS Saat v OHIM (Sha ...[+++]de of orange) [2002] ECR II-3843, paragraph 30.Grille, paragraph 43; and Case T-129/04 Develey v OHIM (Shape of a plasticbottle) [2006] ECR II-811, paragraph 56).

The Commission will also use this information in the context of the current review of the Investment Services Directive (see IP/00/1315) and as part of its wider efforts to identify and remove barriers to cross-border clearing and settlement activity in Europe.

1. The competent authorities concerned shall inform the Commission, as soon as possible and not later than 30 June of the year in which the raw materials are to be harvested, of the total quantity, by species, of by-products intended for human or animal consumption and resulting from the contracts as referred to in Article 147, covering rapeseed, colza seed, sunflower seeds and soya beans falling within CN codes 1205 10 90, 1205 90 00, 1206 00 91, 1206 00 99 or 1201 00 90, and the area by species of these oilseeds.

A synthesis of 42 responses to a Communication on Upgrading the Investment Services Directive issued by the Commission on 16 November 2000 (see IP/00/1315).

In the light of the 42 detailed reactions to the consultation on broad orientations for upgrading the ISD launched in November 2000 (see IP/00/1315 and MEMO/00/81), the Commission services have come forward with preliminary proposals for changes to the ISD.

Upgrading the Investment Services Directive (ISD) frequently asked questions (see also IP/00/1314 and IP/00/1315)

The Communication draws on and complements the Communication on the upgrading of the Investment Services Directive (see IP/00/1315).

[42] Case C-204/90, Bachmann ECR [1992] I-249, on the way the Court has since refused to accept as justification the need to ensure the coherence of the tax system, see also Case C-80/94, Wielockx ECR [1995] I-02493 and Case C-130/00 Danner, judgment 03.10.2002, nyr

Article 17(2) of Regulation No 1150/00 is the sole exception to the rule that all established entitlements (pursuant to Article 2 of the same Regulation) must be made available to the Commission.