# Official Journal C 225/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.225.eng |
| --- | --- |
| Official Journal
  of the European Union | C 225 |
| | |
| English edition | Information and Notices | Volume 563 August 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.225.eng

Official Journal

of the European Union

C 225

English edition

Information and Notices

Volume 563 August 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2013/C 225/01 | Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 215, 27.7.2013 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2013/C 225/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 215, 27.7.2013

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2013/C 225/02 | Case C-383/10: Judgment of the Court (Fifth Chamber) of 6 June 2013 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Articles 56 TFEU and 63 TFEU — Articles 36 and 40 of the EEA Agreement — Tax legislation — Tax exemption reserved to interest payments by resident banks and excluding interest payments by banks established abroad) | 2 |
| 2013/C 225/03 | Case C-512/10: Judgment of the Court (First Chamber) of 30 May 2013 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Transport — Directive 91/440/EEC — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 6(2) and (3) of Directive 2001/14 — Continued absence of financial balance — Articles 6(1) and 7(3) and (4) of Directive 91/440 — Absence of incentives for infrastructure managers — Articles 7(3) and 8(1) of Directive 2001/14 — Calculation of the minimum access charge) | 2 |
| 2013/C 225/04 | Case C-569/10: Judgment of the Court (Fourth Chamber) of 27 June 2013 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 94/22/EC — Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons — Non-discriminatory access) | 3 |
| 2013/C 225/05 | Case C-589/10: Judgment of the Court (First Chamber) of 16 May 2013 (request for a preliminary ruling from the Sąd Apelacyjny — Sąd Pracy i Ubezpieczeń Społecznych w Białymstoku (Poland)) — Janina Wencel v Zakład Ubezpieczeń Społecznych w Białymstoku (Article 45 TFEU — Regulation (EEC) No 1408/71 — Article 10 — Old-age benefits — Habitual residence in two different Member States — A survivor’s pension received in one of those States and a retirement pension in the other — Withdrawal of one of those benefits — Recovery of benefits to which it is alleged the recipient was not entitled) | 3 |
| 2013/C 225/06 | Joined Cases C-197/11 and C-203/11: Judgment of the Court (First Chamber) of 8 May 2013 (requests for a preliminary ruling from the Cour constitutionnelle — Belgium) — Eric Libert, Christian Van Eycken, Max Bleeckx, Syndicat national des propriétaires et copropriétaires (ASBL), Olivier de Clippele v Gouvernement flamand (C-197/11), All Projects & Developments NV and Others v Vlaamse Regering (C-203/11) (Fundamental freedoms — Restriction — Justification — State aid — Concept of ‘public works contract’ — Land and buildings located in certain communes — National legislation making the transfer of land and buildings subject to the condition that there exists a ‘sufficient connection’ between the prospective buyer or tenant and the target commune — Social obligation on subdividers and developers — Tax incentives and subsidy mechanisms) | 4 |
| 2013/C 225/07 | Case C-228/11: Judgment of the Court (First Chamber) of 16 May 2013 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — Melzer v MF Global UK Ltd (Judicial cooperation in civil matters — Special jurisdiction in matters of tort, delict and quasi-delict — Cross-border participation by several persons in the same unlawful act — Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (‘wechselseitige Handlungsortzurechnung’)) | 5 |
| 2013/C 225/08 | Case C-241/11: Judgment of the Court (Grand Chamber) of 25 June 2013 — European Commission v Czech Republic (Failure of a Member State to fulfil obligations — Directive 2003/41/EC — Activity and supervision of institutions for occupational retirement provision — Partial failure to transpose within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Failure to comply with the judgment — Article 260(2) TFEU — Financial penalties — Lump sum) | 6 |
| 2013/C 225/09 | Case C-270/11: Judgment of the Court (Fourth Chamber) of 30 May 2013 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Retention of data generated or processed in connection with the provision of electronic communications services — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260 TFEU — Pecuniary penalties — Imposition of a lump sum payment) | 6 |
| 2013/C 225/10 | Case C-300/11: Judgment of the Court (Grand Chamber) of 4 June 2013 (request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) — ZZ v Secretary of State for the Home Department (Freedom of movement for persons — Directive 2004/38/EC — Decision refusing a citizen of the European Union admission to a Member State on public security grounds — Article 30(2) of the directive — Obligation to inform the citizen concerned of the grounds of that decision — Disclosure contrary to the interests of State security — Fundamental right to effective judicial protection) | 7 |
| 2013/C 225/11 | Case C-386/11: Judgment of the Court (Fifth Chamber) of 13 June 2013 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Piepenbrock Dienstleistungen GmbH & Co. KG v Kreis Düren (Public contracts — Directive 2004/18/EC — Definition of ‘public contract’ — Article 1(2)(a) — Contract concluded between two local authorities — Transfer by one entity of the responsibility for cleaning certain of its buildings to another entity in return for financial compensation) | 7 |
| 2013/C 225/12 | Case C-397/11: Judgment of the Court (First Chamber) of 30 May 2013 (request for a preliminary ruling from the Fővárosi Bíróság — Hungary) — Erika Jőrös v Aegon Magyarország Hitel Zrt. (Directive 93/13/EEC — Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Consequences to be drawn by the national court from a finding that the term is unfair) | 8 |
| 2013/C 225/13 | Joined Cases C-457/11 to C-460/11: Judgment of the Court (Fourth Chamber) of 27 June 2013 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Verwertungsgesellschaft Wort (VG Wort) v Kyocera, formerly Kyocera Mita Deutschland GmbH, Epson Deutschland GmbH, Xerox GmbH (C-457/11), Canon Deutschland GmbH (C-458/11), and Fujitsu Technology Solutions GmbH (C-459/11), Hewlett-Packard GmbH (C-460/11) v Verwertungsgesellschaft Wort (VG Wort) (Intellectual and industrial property — Copyright and related rights in the information society — Directive 2001/29/EC — Reproduction right — Fair compensation — Concept of ‘reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects’ — Consequences of the non-application of technological measures which are available to prevent or restrict unauthorised acts — Consequences of an express or implied authorisation to reproduce) | 9 |
| 2013/C 225/14 | Case C-485/11: Judgment of the Court (Third Chamber) of 27 June 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges applicable to undertakings holding general authorisations — National legislation — Electronic telecommunications operators — Requirement to pay an additional charge) | 9 |
| 2013/C 225/15 | Case C-488/11: Judgment of the Court (First Chamber) of 30 May 2013 (request for a preliminary ruling from the Gerechtshof te Amsterdam — Netherlands) — Dirk Frederik Asbeek Brusse, Katarina de Man Garabito v Jahani BV (Directive 93/13/EEC — Unfair terms in consumer contracts — Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Penalty clause — Annulment of the clause) | 10 |
| 2013/C 225/16 | Case C-492/11: Judgment of the Court (Third Chamber) of 27 June 2013 (request for a preliminary ruling from the Giudice di pace di Mercato San Severino — Italy) — Ciro Di Donna v Società imballaggi metallici Salerno srl (SIMSA) (Judicial cooperation in civil matters — Mediation in civil and commercial matters — Directive 2008/52/EC — National legislation providing for a compulsory mediation procedure — No need to adjudicate) | 11 |
| 2013/C 225/17 | Case C-508/11 P P: Judgment of the Court (First Chamber) of 8 May 2013 — Eni SpA v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of the actual exercise of a decisive influence — Obligation to state reasons — Gravity of the infringement — Multiplier for deterrence — Actual impact on the market — Aggravating circumstances — Repeated infringements) | 11 |
| 2013/C 225/18 | Case C-511/11 P: Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission (Appeals — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement) | 12 |
| 2013/C 225/19 | Case C-528/11: Judgment of the Court (Fourth Chamber) of 30 May 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Zuheyr Frayeh Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Asylum — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Article 3(2) — Discretion of the Member States — Role of the Office of the United Nations High Commissioner for Refugees — Obligation of Member States to request that Office to present its views — None) | 12 |
| 2013/C 225/20 | Case C-529/11: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London — United Kingdom) — Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department (Freedom of movement for persons — Regulation (EEC) No 1612/68 — Article 12 — Divorced spouse of a national of a Member State who has worked in another Member State — Adult child pursuing his studies in the host Member State — Right of residence of parent who is national of a non-Member State — Directive 2004/38/EC — Articles 16 to 18 — Right of permanent residence of family members of a Union citizen who are not nationals of a Member State — Legal residence — Residence based on Article 12 above) | 13 |
| 2013/C 225/21 | Case C-534/11: Judgment of the Court (Third Chamber) of 30 May 2013 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — Mehmet Arslan v Policie ČR, Krajské ředitelství policie Ústeckého kraje, odbor cizinecké policie (Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Applicability to asylum seekers — Possibility of keeping a third-country national in detention after an application for asylum has been made) | 13 |
| 2013/C 225/22 | Case C-542/11: Judgment of the Court (Fifth Chamber) of 27 June 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v Codirex Expeditie BV (Community Customs Code — Regulation (EEC) No 2913/92 — Goods in temporary storage — Non-Community goods — External Community transit procedure — Point at which a customs-approved treatment or use is assigned — Acceptance of the customs declaration — Release of the goods — Customs debt) | 14 |
| 2013/C 225/23 | Case C-568/11: Judgment of the Court (Second Chamber) of 20 June 2013 (request for a preliminary ruling from the Vestre Landsret — Denmark) — Agroferm A/S v Ministeriet for Fødevarer, Landbrug og Fiskeri (Tariff classification — Combined Nomenclature — Sugar-based product consisting of 65 % lysine sulphate and 35 % impurities resulting from the manufacturing process — Regulation (EC) No 1719/2005 — Regulation (EC) No 1265/2001 — Production refund on certain products used in the chemical industry — Community aid wrongly paid — Repayment — Principle of the protection of legitimate expectations) | 15 |
| 2013/C 225/24 | Case C-575/11: Judgment of the Court (First Chamber) of 27 June 2013 (request for a preliminary ruling from the Simvoulio tis Epikratias — Greece) — Eleftherios-Themistoklis Nasiopoulos v Ipourgos Igias kai Pronoias (Recognition of diplomas and other evidence of formal qualifications — Directive 2005/36/EC — Profession of physiotherapist — Partial and limited recognition of professional qualifications — Article 49 TFEU) | 15 |
| 2013/C 225/25 | Case C-604/11: Judgment of the Court (Fourth Chamber) of 30 May 2013 (request for a preliminary ruling from the Juzgado de Primera Instancia no 12 de Madrid — Spain) — Genil 48 SL, Comercial Hostelera de Grandes Vinos SL v Bankinter SA, Banco Bilbao Vizcaya Argentaria SA (Directive 2004/39/EC — Markets in financial instruments — Article 19 — Conduct of business obligations when providing investment services to clients — Investment advice — Other investment services — Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Investment service offered as part of a financial product — Interest-rate swap agreements to protect against the risk of variations of interest rates on financial products) | 16 |
| 2013/C 225/26 | Case C-615/11 P: Judgment of the Court (Tenth Chamber) of 16 May 2013 — European Commission v Ryanair Ltd (Appeal — Action for failure to act — Article 232 EC — Regulation (EC) No 659/1999 — Article 20(2) — State aid allegedly granted to Italian airlines — Complaint — Lack of a decision from the Commission) | 16 |
| 2013/C 225/27 | Joined Cases C-630/11 P to C-633/11 P: Judgment of the Court (Second Chamber) of 13 June 2013 — HGA Srl. and Others v European Commission (Appeals — Regional State aid — Aid to the hotel industry in Sardinia — New aid — Alteration to an existing aid scheme — Corrective decision — Possibility of adopting such a decision — Regulation (EC) No 659/1999 — Articles 4(5), 7(6), 10(1), 13(2), 16 and 20(1) — Incentive effect of the aid — Protection of legitimate expectations) | 17 |
| 2013/C 225/28 | Case C-635/11: Judgment of the Court (Eighth Chamber) of 20 June 2013 — European Commission v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Article 16(2)(a) and (b) — Company resulting from a cross-border merger — Employees employed in the Member State where the company has its registered office or in other Member States — Participation rights — Failure to provide identical rights) | 17 |
| 2013/C 225/29 | Case C-648/11: Judgment of the Court (Fourth Chamber) of 6 June 2013 (request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) — United Kingdom) — The Queen, on the application of: MA, BT, DA v Secretary of State for the Home Department (Regulation (EC) No 343/2003 — Determining the Member State responsible — Unaccompanied minor — Successive applications for asylum lodged in two Member States — Absence of a member of the family of the minor in the territory of a Member State — Second paragraph of Article 6 of Regulation No 343/2003 — Transfer of the minor to the Member State in which he lodged his first application — Compatibility — Child’s best interests — Article 24(2) of the Charter) | 18 |
| 2013/C 225/30 | Case C-651/11: Judgment of the Court (Ninth Chamber) of 30 May 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v X BV (VAT — Sixth Directive 77/388/EEC — Article 5(8) — Concept of ‘transfer of a totality of assets or part thereof’ — Disposal of 30 % of the shares in a company to which the transferor supplies services that are subject to VAT) | 18 |
| 2013/C 225/31 | Case C-653/11: Judgment of the Court (Third Chamber) of 20 June 2013 (request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber) — United Kingdom) — Her Majesty’s Commissioners of Revenue and Customs v Paul Newey, trading under the business name Ocean Finance (Reference for a preliminary ruling — Sixth VAT Directive — Article 2(1) and Article 6(1) — Meaning of ‘supply of services’ — Supply of advertising and loan broking services — Exemptions — Economic and commercial reality of the transactions — Abusive practices — Transactions with the sole aim of obtaining a tax advantage) | 19 |
| 2013/C 225/32 | Case C-663/11: Judgment of the Court (Fifth Chamber) of 30 May 2013 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Scandic Distilleries SA v Direcția Generală de Administrare a Marilor Contribuabili (Request for a preliminary ruling — Directive 92/12/EEC — Excise duties — Products released for consumption in a Member State where the excise duty was paid — Same products transported to another Member State where the excise duty has also been paid — Request for reimbursement of the excise duty paid in the first Member State — Refusal for not introducing the request before the goods were dispatched — Compatibility with European Union law) | 19 |
| 2013/C 225/33 | Case C-667/11: Judgment of the Court (Second Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Varna — Bulgaria) — Paltrade EOOD v Nachalnik na Mitnicheski punkt — Pristanishte Varna pri Mitnitsa Varna (Commercial policy — Regulation (EC) No 1225/2009 — Articles 13 and 14 — Imports of products originating in China — Anti-dumping duties — Circumvention — Re-consignment of goods via Malaysia — Implementing Regulation (EU) No 723/2011 — Registration of imports — Recovery of anti-dumping duties — Retroactivity) | 20 |
| 2013/C 225/34 | Joined Cases C-671/11 to C-676/11: Judgment of the Court (Fourth Chamber) of 13 June 2013 (requests for a preliminary ruling from the Conseil d’État — France) — Établissement national des produits de l’agriculture et de la mer (FranceAgriMer), successor in law to the Office national interprofessionnel des fruits, des légumes, des vins et de l’horticulture (Viniflhor) v Société anonyme d’intérêt collectif agricole Unanimes (C-671/11 and C-672/11), Organisation de producteurs Les Cimes (C-673/11), Société Agroprovence (C-674/11), Regalp SA (C-675/11), Coopérative des producteurs d’asperges de Montcalm (COPAM) (C-676/11) (Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Period under scrutiny’ — Possibility of extending the period under scrutiny and adjusting the temporal parameters — Objective of effective supervision — Legal certainty) | 21 |
| 2013/C 225/35 | Case C-677/11: Judgment of the Court (Fifth Chamber) of 30 May 2013 (request for a preliminary ruling from the Conseil d’État — France) — Doux Élevage SNC, Coopérative agricole UKL-ARREE v Ministère de l’Agriculture, de l’Alimentation, de la Pêche, de la Ruralité et de l’Aménagement du territoire, Comité interprofessionnel de la dinde française (CIDEF) (Article 107(1) TFEU — State aid — Concept of ‘State resources’ — Concept of ‘imputability to the State’ — Inter-trade organisations in the agricultural sector — Recognised organisations — Common activities decided on by those organisations in the interests of trade — Financing by means of contributions introduced on a voluntary basis by those organisations — Administrative measure making those contributions compulsory for all traders in the agricultural industry affected) | 21 |
| 2013/C 225/36 | Case C-681/11: Judgment of the Court (Grand Chamber) of 18 June 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Bundeswettbewerbsbehörde, Bundeskartellanwalt v Schenker & Co. AG and Others (Agreements, decisions and concerted practices — Article 101 TFEU — Regulation (EC) No 1/2003 — Articles 5 and 23(2) — Intention-related or negligence-related conditions for imposing a fine — Impact of legal advice or of a decision of a national competition authority — Power of a national competition authority to find the infringement of European Union competition law without imposing a fine) | 22 |
| 2013/C 225/37 | Case C-3/12: Judgment of the Court (Fourth Chamber) of 13 June 2013 (request for a preliminary ruling from the Conseil d’État — France) — Syndicat OP 84 v Établissement national des produits de l’agriculture et de la mer (FranceAgriMer), successor in law to the Office national interprofessionnel des fruits, des légumes, des vins et de l’horticulture (VINIFLHOR), itself successor in law to the Office national interprofessionnel des fruits, des légumes et de l’horticulture (ONIFLHOR) (Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Scrutiny period’ — Possibility for a Member State to extend the scrutiny period where it is impossible to carry out that scrutiny in the time allowed — Repayment of financial assistance — Penalties) | 23 |
| 2013/C 225/38 | Case C-7/12: Judgment of the Court (Fourth Chamber) of 20 June 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — Nadežda Riežniece v Latvijas Republikas Zemkopības ministrija, Lauku atbalsta dienests (Social policy — Directive 76/207/EEC — Equal treatment for male and female workers — Directive 96/34/EC — Framework Agreement on Parental Leave — Abolishment of officials’ posts due to national economic difficulties — Assessment of a female worker who took parental leave as compared to workers who remained in active service — Dismissal at the end of parental leave — Indirect discrimination) | 23 |
| 2013/C 225/39 | Case C-20/12: Judgment of the Court (Fifth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal administratif, Luxembourg) — Elodie Giersch, Benjamin Marco Stemper, Julien Taminiaux, Xavier Renaud Hodin, Joëlle Hodin v État du Grand-Duché de Luxembourg (Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EEC) No 1612/68 — Article 7(2) — Financial aid for higher education studies — Condition of residence in the Member State granting the assistance — Refusal to grant the aid to students, who are European Union citizens not residing in the Member State concerned, whose father or mother, a frontier worker, works in that Member State — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality) | 24 |
| 2013/C 225/40 | Case C-45/12: Judgment of the Court (Fourth Chamber) of 13 June 2013 (request for a preliminary ruling from the Cour du travail de Bruxelles — Belgium) — Office national d’allocations familiales pour travailleurs salariés (ONAFTS) v Radia Hadj Ahmed (Social security for migrant workers — Regulation (EEC) No 1408/71 — Scope ratione personae — Grant of family benefits to a third-country national with a right of residence in a Member State — Regulation (EC) No 859/2003 — Directive 2004/38/EC — Regulation (EEC) No 1612/68 — Length-of-residence requirement) | 25 |
| 2013/C 225/41 | Case C-62/12: Judgment of the Court (First Chamber) of 13 June 2013 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Galin Kostov v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite (Common system of value added tax — Directive 2006/112/EC — Article 9(1) — Concept of ‘taxable person’ — Natural person — Taxable supply of a service — Occasional supply — Unconnected with a registered professional activity subject to VAT — Self-employed bailiff) | 26 |
| 2013/C 225/42 | Case C-70/12 P: Judgment of the Court (Seventh Chamber) of 30 May 2013 — Quinn Barlo Ltd, Quinn Plastics NV, Quinn Plastics GmbH v European Commission (Appeal — Agreements, decisions and concerted practices — European market for methacrylates — Duration of the infringement — Presumption of innocence — Statement of reasons — Unlimited jurisdiction — General principles of the protection of legitimate expectations and equal treatment — Proportionality of the fine) | 26 |
| 2013/C 225/43 | Case C-71/12: Judgment of the Court (Third Chamber) of 27 June 2013 (request for a preliminary ruling from the Qorti Kostituzzjonali — Malta) — Vodafone Malta Limited, Mobisle Communications Limited v L-Avukat Ġenerali, Il-Kontrollur tad-Dwana, Il-Ministru tal-Finanzi, L-Awtorita’ ta’ Malta dwar il-Komunikazzjoni (Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges and fees for rights of use — Charge applicable to mobile telephony operators — National legislation — Method of calculating the charge — Percentage of the costs paid by users) | 27 |
| 2013/C 225/44 | Case C-87/12: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Cour administrative (Luxembourg)) — Kreshnik Ymeraga, Kasim Ymeraga, Afijete Ymeraga-Tafarshiku, Kushtrim Ymeraga, Labinot Ymeraga v Ministre du Travail, de l’Emploi et de l’Immigration (Citizenship of the Union — Article 20 TFEU — Right of residence of third-country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement — Fundamental rights) | 27 |
| 2013/C 225/45 | Case C-93/12: Judgment of the Court (Third Chamber) of 27 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — ET Agrokonsulting-04-Velko Stoyanov v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’ — Razplashtatelna agentsia (Agriculture — Procedural autonomy of the Member States — Common agricultural policy — Aid — Administrative law disputes — Determination of the court with jurisdiction — National criterion — Administrative court in whose judicial district the seat of the authority which adopted the contested act is located — Principle of equivalence — Principle of effectiveness — Article 47 of the Charter of Fundamental Rights of the European Union) | 28 |
| 2013/C 225/46 | Case C-125/12: Judgment of the Court (Sixth Chamber) of 13 June 2013 (request for a preliminary ruling from the Juzgado de lo Mercantil no 1 de Granada — Spain) — Promociones y Construcciones BJ 200 SL (VAT — Directive 2006/112/EC — Article 199(1)(g) — Voluntary insolvency proceedings — Person liable for payment of tax — Liability of the person who is the recipient of certain transactions — Concept of ‘compulsory sale procedure’) | 28 |
| 2013/C 225/47 | Case C-142/12: Judgment of the Court (Eighth Chamber) of 8 May 2013 (request for a preliminary ruling from the Administrativen sad — Varna (Bulgaria)) — Hristomir Marinov, acting on behalf of Lampatov — H — Hristomir Marinov v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — grad Varna pri Tsentralno upravlenie na Natsionalna agentsia za prihodite (Value added tax — Directive 2006/112/EC — Articles 18(c), 74 and 80 — Cessation of the taxable economic activity — Removal of the taxable person from the VAT register by the tax authorities — Retention of goods on which the VAT became deductible — Taxable amount — Open market value or purchase value — Determination at the time of the transaction — Direct effect of Article 74) | 29 |
| 2013/C 225/48 | Case C-144/12: Judgment of the Court (Third Chamber) of 13 June 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Goldbet Sportwetten GmbH v Massimo Sperindeo (Regulation (EC) No 1896/2006 — European order for payment procedure — Articles 6 and 17 — Opposition to the European order for payment without any challenge to the jurisdiction of the court of the Member State of origin — Regulation (EC) No 44/2001 — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Article 24 — Entering of an appearance of the defendant before the court seised — Applicability in the context of the European order for payment procedure) | 29 |
| 2013/C 225/49 | Case C-149/12 P: Judgment of the Court (Eighth Chamber) of 27 June 2013 — Xeda International SA, Pace International LLC v European Commission (Appeal — Plant-protection products — Diphenylamine — Non-inclusion in Annex I to Directive 91/414/EEC — Procedure for the assessment of active substances — Withdrawal by notifier of support for inclusion of an active substance in that annex — Regulation (EC) No 1490/2002 and Regulation (EC) No 1095/2007) | 30 |
| 2013/C 225/50 | Case C-155/12: Judgment of the Court (First Chamber) of 27 June 2013 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v RR Donnelley Global Turnkey Solutions Poland sp. z o.o. (VAT — Directive 2006/112/EC — Articles 44 and 47 — Place where taxable transactions are deemed to be carried out — Place of supply for tax purposes — Concept of ‘supply of services connected with immovable property’ — Complex cross-border service relating to the storage of goods) | 30 |
| 2013/C 225/51 | Case C-169/12: Judgment of the Court (Sixth Chamber) of 16 May 2013 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — TNT Express Worldwide (Poland) sp. z o.o. v Minister Finansów (Value added tax — Directive 2006/112/EC — Article 66(a) to (c) — Transport and shipping services — Chargeability — Date on which payment is received and no later than 30 days from the date on which the services are supplied — Invoice issued earlier) | 31 |
| 2013/C 225/52 | Case C-183/12 P: Judgment of the Court (Tenth Chamber) of 6 June 2013 — Chafiq Ayadi v European Commission, Council of the European Union (Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings) | 31 |
| 2013/C 225/53 | Case C-186/12: Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez (Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction) | 32 |
| 2013/C 225/54 | Case C-191/12: Judgment of the Court (Seventh Chamber) of 16 May 2013 (request for a preliminary ruling from the Kúria — Hungary) — Alakor Gabonatermelő és Forgalmazó Kft. v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága (Non-repayment of the entirety of value added tax unduly paid — National legislation precluding repayment of VAT because it has been passed on to a third party — Compensation in the form of aid covering a fraction of the non-deductible VAT — Unjust enrichment) | 32 |
| 2013/C 225/55 | Case C-193/12: Judgment of the Court (Seventh Chamber) of 13 June 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Designation of vulnerable zones — Excessive nitrate content — Eutrophication — Obligation of four-yearly revision) | 33 |
| 2013/C 225/56 | Case C-219/12: Judgment of the Court (Second Chamber) of 20 June 2013 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Finanzamt Freistadt Rohrbach Urfahr v Unabhängiger Finanzsenat Außenstelle Linz (Sixth VAT Directive — Article 4(1) and (2) — Concept of ‘economic activities’ — Deduction of input tax — Operation of a photovoltaic installation on the roof of a house which is used as a dwelling — Supply to the network — Remuneration — Electricity production lower than consumption) | 33 |
| 2013/C 225/57 | Case C-239/12 P: Judgment of the Court (Grand Chamber) of 28 May 2013 — Abdulbasit Abdulrahim v Council of the European Union, European Commission (Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings) | 34 |
| 2013/C 225/58 | Case C-259/12: Judgment of the Court (Eighth Chamber) of 20 June 2013 (request for a preliminary ruling from the Administrativen sad Plovdiv — Bulgaria) — Teritorialna direktsia na NAP — Plovdiv v Rodopi-M 91 OOD (Taxation — VAT — Directive 2006/112/EC — Principles of fiscal neutrality and proportionality — Belated recording in the accounts and declaration of the cancellation of an invoice — Remedying of the omission — Payment of the tax — State budget — No harm suffered — Administrative penalty) | 34 |
| 2013/C 225/59 | Case C-269/12 P: Judgment of the Court (Fourth Chamber) of 20 June 2013 — Guillermo Cañas v European Commission, World Anti-doping Agency, ATP Tour, Inc. (Appeal — Competition — Anti-doping legislation — Decision to take no further action on a complaint lodged before the Commission — Concept of ‘interest in bringing proceedings’ — That interest remaining after the professional activity has ceased) | 35 |
| 2013/C 225/60 | Case C-271/12: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Petroma Transports SA, Martens Énergie SA, Martens Immo SA, Martens SA, Fabian Martens, Geoffroy Martens, Thibault Martens v État belge (Taxation — Value added tax — Sixth Directive 77/388/EEC — Right to deduct input tax — Obligations of the taxable person — Possession of improper or inaccurate invoices — Omission of mandatory particulars — Refusal of the right to deduct — Evidence subsequent to the occurrence of the transactions invoiced — Correcting invoices — Right to refund of VAT — Principle of neutrality) | 35 |
| 2013/C 225/61 | Case C-287/12 P: Judgment of the Court (Second Chamber) of 13 June 2013 — Ryanair Ltd v European Commission, Italian Republic, Alitalia — Compagnia Aerea Italiana SpA (Appeal — State aid — Loan granted by the Italian Republic to the airline company Alitalia — Decision declaring the aid unlawful and incompatible — Sale of assets of Alitalia — Decision finding no aid at the conclusion of the preliminary examination phase — Action for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Competence — Duty to state reasons) | 36 |
| 2013/C 225/62 | Case C-320/12: Judgment of the Court (Fifth Chamber) of 27 June 2013 (request for a preliminary ruling from the Højesteret — Denmark) — Malaysia Dairy Industries Pte. Ltd v Ankenævnet for Patenter og Varemærker (Approximation of laws — Directive 2008/95/EC — Article 4(4)(g) — Trade marks — Conditions for obtaining and continuing to hold a trade mark — Refusal of registration or invalidation — Concept of ‘bad faith’ of the applicant — Whether the applicant knows of the existence of a foreign mark) | 36 |
| 2013/C 225/63 | Case C-342/12: Judgment of the Court (Third Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunal do trabalho de Viseu — Portugal) — Worten — Equipamentos para o Lar SA v Autoridade para as Condições de Trabalho (ACT) (Processing of personal data — Directive 95/46/EC — Article 2 — Concept of ‘personal data’ — Articles 6 and 7 — Principles relating to data quality and criteria for making data processing legitimate — Article 17 — Security of processing — Working time — Record of working time — Access by the national authority responsible for monitoring working conditions — Employer’s obligation to make available the record of working time so as to allow its immediate consultation) | 37 |
| 2013/C 225/64 | Case C-345/12: Judgment of the Court (Tenth Chamber) of 13 June 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Article 7(1) and (2), Article 9, Article 10 and Article 15(1) — Incorrect transposition — Failure to transpose within the prescribed period — Directive 2010/31/EU — Article 29) | 38 |
| 2013/C 225/65 | Case C-168/13 PPU: Judgment of the Court (Second Chamber) of 30 May 2013 (request for a preliminary ruling from the Conseil constitutionnel — France) — Jeremy F v Premier ministre (Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Articles 27(4) and 28(3)(c) — European arrest warrant and surrender procedures between Member States — Speciality rule — Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State — Decision of the judicial authority of the executing Member State to give consent — Appeal with suspensive effect — Whether permitted) | 38 |
| 2013/C 225/66 | Case C-229/10: Order of the Court (Second Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal Cível da Comarca do Porto — Portugal) — Maria Alice Pendão Lapa Costa Ferreira, Alexandra Pendão Lapa Ferreira v Companhia de Seguros Tranquilidade SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Civil liability of the insured person — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation) | 39 |
| 2013/C 225/67 | Case C-242/11 P: Order of the Court (Eighth Chamber) of 16 May 2013 — Caixa Geral de Depósitos, SA v European Commission, Portuguese Republic (Appeal — Articles 149 and 181 of the Rules of Procedure of the Court of Justice — European Regional Development Fund (ERDF) — Global grant for local development in Portugal — Reduction of financial assistance — No need to adjudicate — Manifest inadmissibility) | 39 |
| 2013/C 225/68 | Case C-362/11: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal Judicial de Santa Maria da Feira (Portugal)) — Serafim Gomes Oliveira v Lusitânia — Companhia de Seguros, SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Limitation of the right to compensation) | 40 |
| 2013/C 225/69 | Case C-413/11: Order of the Court (Ninth Chamber) of 18 April 2013 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v Thomas Amend (Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union) | 41 |
| 2013/C 225/70 | Case C-486/11: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Jonathon Rodrigues Esteves v Companhia de Seguros Allianz Portugal SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2005/14/EC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation) | 41 |
| 2013/C 225/71 | Case C-564/11: Order of the Court (Tenth Chamber) of 16 May 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consulta Regionale Ordine Ingegneri della Lombardia and Others v Comune di Pavia (Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and technical and scientific consultancy for the purposes of drawing up the measures forming a municipal town and country planning programme — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator) | 42 |
| 2013/C 225/72 | Case C-584/11 P: Order of the Court (Fifth Chamber) of 7 May 2013 — Dow AgroSciences Ltd, Dow AgroSciences LLC, Dow AgroSciences SAS, Dow AgroSciences Export SAS, Dow Agrosciences BV, Dow AgroSciences Hungary kft, Dow AgroSciences Italia srl, Dow AgroSciences Polska sp. z o.o., Dow AgroSciences Iberica SA, Dow AgroSciences s.r.o., Dow AgroSciences Danmark A/S, Dow AgroSciences GmbH v European Commission (Appeal — Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Decision 1999/468/EC — Article 5) | 42 |
| 2013/C 225/73 | Case C-14/12 P: Order of the Court (Seventh Chamber) of 30 May 2013 — Sheilesh Shah, Akhil Shah v Three-N-Products Private Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Application for registration of the Community word mark AYUURI NATURAL — Opposition by the proprietor of the earlier Community word and figurative marks AYUR — Appeal manifestly inadmissible and manifestly unfounded) | 43 |
| 2013/C 225/74 | Case C-96/12: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Domingos Freitas, Maria Adilia Monteiro Pinto v Companhia de Seguros Allianz Portugal SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation) | 43 |
| 2013/C 225/75 | Case C-260/12 P: Order of the Court (Seventh Chamber) of 16 May 2013 — Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Suzuki Motor Corp. (Appeal — Community trade mark — Word mark Swift GTi — Opposition by the proprietor of national and international word marks GTI — Withdrawal of the opposition — Appeal which has become devoid of purpose — No need to adjudicate) | 44 |
| 2013/C 225/76 | Case C-268/12 P: Order of the Court (Eighth Chamber) of 8 May 2013 — Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Novartis AG (Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ZYDUS — Opposition by the proprietor of the Community trade mark ZIMBUS — Partial refusal of registration by the Board of Appeal of OHIM) | 44 |
| 2013/C 225/77 | Case C-294/12 P: Order of the Court (Seventh Chamber) of 14 May 2013 — You Q BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Apple Corps Ltd (Appeals — Community trade mark — Figurative mark containing the word element ‘BEATLE’ — Opposition by the proprietor of the Community and national word and figurative marks containing the word elements ‘BEATLES’ and ‘THE BEATLES’ — Refusal of registration by the Board of Appeal — Article 8(5) of Regulation (EC) No 40/94) | 45 |
| 2013/C 225/78 | Case C-324/12: Order of the Court (Third Chamber) of 21 March 2013 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Novontech-Zala kft v LOGICDATA Electronic & Software Entwicklungs GmbH (Article 99 of the Rules of Procedure — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Opposition lodged out of time — Article 20 — Review in exceptional cases — No ‘extraordinary’ or ‘exceptional’ circumstances) | 45 |
| 2013/C 225/79 | Case C-341/12 P: Order of the Court (Tenth Chamber) of 21 March 2013 — Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Figurative mark including the letter ‘G’ and the two symbols of gender — Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ — Refusal of registration by the Board of Appeal) | 46 |
| 2013/C 225/80 | Case C-346/12 P: Order of the Court (Seventh Chamber) of 13 June 2013 — DMK Deutsches Milchkontor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Lactimilk SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark MILRAM — Opposition by the proprietor of the earlier national word and figurative marks RAM) | 46 |
| 2013/C 225/81 | Case C-352/12: Order of the Court of 20 June 2013 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per l'Abruzzo (Italy)) — Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo and Comune di Barisciano (Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Support activities relating to the drawing up of a reconstruction plan for certain parts of the territory of a municipality damaged by an earthquake — Contract concluded between two public entities, one a university — Public entity likely to be classified as an economic operator — Extraordinary circumstances) | 47 |
| 2013/C 225/82 | Case C-354/12 P: Order of the Court (Tenth Chamber) of 11 April 2013 — Asa sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal) | 47 |
| 2013/C 225/83 | Case C-357/12 P: Order of the Court (Seventh Chamber) of 30 May 2013 — Harald Wohlfahrt v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Ferrero SpA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and 43(2) — Word sign ‘Kindertraum’ — Opposition of the proprietor of the earlier national word mark Kinder) | 48 |
| 2013/C 225/84 | Case C-368/12: Order of the Court (Ninth Chamber) of 18 April 2013 (request for a preliminary ruling from the Cour administrative d’appel de Nantes — France) — Adiamix v Ministre de l’Économie et des Finances (Article 53(2) of the Rules of Procedure — Reference for a preliminary ruling — State aid — Commission Decision declaring an aid scheme incompatible with the common market — Recovery of aid — Assessment of the validity of an EU act — Lack of information on the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility) | 48 |
| 2013/C 225/85 | Case C-379/12 P: Order of the Court (Sixth Chamber) of 16 May 2013 — Arav Holding Srl v H.Eich Srl, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark H.EICH — Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH — Refusal of registration) | 48 |
| 2013/C 225/86 | Case C-381/12 P: Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA (Appeal — Community trade mark — Community mark B. Antonio Basile 1952 — Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion) | 49 |
| 2013/C 225/87 | Case C-393/12 P: Order of the Court (Sixth Chamber) of 21 March 2013 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed) | 49 |
| 2013/C 225/88 | Case C-397/12 P: Order of the Court (Sixth Chamber) of 6 June 2013 — Transports Schiocchet — Excursions SARL v Council of the European Union, European Commission (Appeal — Article 181 of the Rules of Procedure of the Court — Appeal manifestly unfounded and manifestly inadmissible — No failure to state reasons — Imprecise ground of appeal — Ground of appeal seeking reconsideration of the application at first instance) | 50 |
| 2013/C 225/89 | Case C-415/12: Order of the Court (Ninth Chamber) of 13 June 2013 (request for a preliminary ruling from the Arbeitsgericht Nienburg — Germany) — Bianca Brandes v Land Niedersachsen (Social policy — Directive 2003/88/EC — Entitlement to paid annual leave — Framework agreement on part-time work — Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period — Move of that worker to a scheme of part-time work — National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week) | 50 |
| 2013/C 225/90 | Case C-418/12 P: Order of the Court (Ninth Chamber) of 7 May 2013 — TME SpA — Termomeccanica Ecologia v European Commission (Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania) | 51 |
| 2013/C 225/91 | Case C-436/12 P: Order of the Court (Fifth Chamber) of 13 June 2013 — Veolia Acqua Compagnia Generale delle Acque srl, in liquidation v European Commission, Italian Republic (Appeal — State aid — Aid to undertakings established in the territory of Venice and Chioggia) | 51 |
| 2013/C 225/92 | Case C-468/12: Order of the Court (Tenth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunale di Cosenza — Italy) — CCIAA di Cosenza v Ciesse srl (Request for a preliminary ruling — Rules of Procedure — Articles 53(2), 93(a), and 99 — Directive 200817/EC — Indirect taxes on the raising of capital — Article 5(1)(c) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture) | 52 |
| 2013/C 225/93 | Case C-542/12: Order of the Court (Ninth Chamber) of 8 May 2013 — (reference for a preliminary ruling from the Tribunale di Pordenone — Italy) — Criminal proceedings against Fidenato Giorgio (Article 99 of the Rules of Procedure — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms (GMOs) entered in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the accidental presence of genetically modified organisms) | 52 |
| 2013/C 225/94 | Case C-566/12 P: Appeal brought on 29 November 2012 by Erusalim Baleanu against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-311/12: Baleanu v Commission | 53 |
| 2013/C 225/95 | Case C-567/12 P: Appeal brought on 29 November 2012 by Adrian Barliba against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-312/12: Barliba v Commission | 53 |
| 2013/C 225/96 | Case C-568/12 P: Appeal brought on 29 November 2012 by Doru Cristian Ioanovici against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-313/12: Ioanovici v Commission | 53 |
| 2013/C 225/97 | Case C-569/12 P: Appeal brought on 29 November 2012 by Emil Micsunescu against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-314/12: Micsunescu v Commission | 53 |
| 2013/C 225/98 | Case C-570/12 P: Appeal brought on 29 November 2012 by Alexandru Octavian Concal against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-320/12: Concal v Commission | 53 |
| 2013/C 225/99 | Case C-14/13: Order of the Court (Eighth Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Gena Ivanova Cholakova v Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti (Request for a preliminary ruling — Articles 21(1) TFEU, 67 TFEU and 72 TFEU — Charter of Fundamental Rights of the European Union — National rules permitting a person to be detained in order to establish his identity — Lack of connection with European Union law — Clear lack of jurisdiction of the Court) | 54 |
| 2013/C 225/00 | Case C-73/13: Order of the Court (Tenth Chamber) of 8 May 2013 (request for a preliminary ruling from the Tribunale di Tivoli (Italy)) — T (Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court) | 54 |
| 2013/C 225/01 | Case C-106/13: Order of the Court (Tenth Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunale di Tivoli — Italy) — Francesco Fierro, Fabiana Marmorale v Edoardo Ronchi, Cosimo Scocozza (Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of European Union law — None — Clear lack of jurisdiction of the Court) | 54 |
| 2013/C 225/02 | Case C-444/12: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 3 October 2012 — Hardimpex Kft (in liquidation) v Nemzeti Adó- és Vámhivatal Kiemelt Ügyek és Adózók Adó Főigazgatósága | 55 |
| 2013/C 225/03 | Case C-465/12 P: Appeal brought on 18 October 2012 by Plamen Simov against the order of the General Court delivered on 13 September 2012 in Case T-271/12 Plamen Simov v European Commission and Republic of Bulgaria | 55 |
| 2013/C 225/04 | Case C-471/12 P: Appeal brought on 17 September 2012 by Holding kompanija Interspeed a.d. against the judgment delivered on 10 July 2012 in Case T-587/10 Holding kompanija Interspeed a.d. v Commission | 55 |
| 2013/C 225/05 | Case C-535/12 P: Appeal brought on 23 November 2012 by Rafael Faet Oltra against the order of the General Court (Seventh Chamber) delivered on 20 September 2012 in Case T-294/12 Rafael Faet Oltra v European Ombudsman | 56 |
| 2013/C 225/06 | Joined Cases C-436/11 and C-437/11: Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer (C-436/11), Ekkerhard Schauβ (C-437/11) v Iberia Líneas Aéreas de España SA (C-436/11), Transportes Aéreos Portugueses SA (C-437/11) | 56 |
| 2013/C 225/07 | Case C-594/11: Order of the President of the Court of 24 April 2013 — Christoph Becker v Société Air France SA | 56 |
| 2013/C 225/08 | Case C-29/12: Order of the President of the Ninth Chamber of the Court of 12 June 2013 — European Commission v Federal Republic of Germany | 56 |
| 2013/C 225/09 | Case C-76/12: Order of the President of the Tenth Chamber of the Court of 7 May 2013 — European Commission v French Republic | 56 |
| 2013/C 225/10 | Case C-126/12: Order of the President of the Ninth Chamber of the Court of 23 April 2013 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Edgar Brück v Agentur für Arbeit Villingen-Schwenningen — Familienkasse | 56 |
| 2013/C 225/11 | Case C-146/12: Order of the President of the Court of 7 May 2013 — European Commission v Federal Republic of Germany supported by the Slovak Republic | 56 |
| 2013/C 225/12 | Case C-212/12: Order of the President of the Court of 7 May 2013 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Helmut Butz, Christel Bachmann-Butz, Frederike Butz v Société Air France SA | 57 |
| 2013/C 225/13 | Case C-213/12: Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Fernando Casimiro dos Santos Ferreira, Maria do Carmo Ferreira dos Santos, Rosa Fernanda Santos Ferreira v Companhia de Seguros Allianz Portugal S.A. | 57 |
| 2013/C 225/14 | Case C-227/12: Order of the President of the Fifth Chamber of the Court of 23 April 2013 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Koninklijke Luchtvaart Maatschappij NV, TUI Airlines Nederland BV, trading under the name ArkeFly v Staatssecretaris van Infrastructuur en Milieu | 57 |
| 2013/C 225/15 | Case C-253/12: Order of the President of the First Chamber of the Court of 27 March 2013 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — JS v Česká správa sociálního zabezpečení (The Czech social security administration) | 57 |
| 2013/C 225/16 | Case C-308/12: Order of the President of the Court of 25 June 2013 — European Commission v Republic of Poland | 57 |
| 2013/C 225/17 | Case C-330/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Poland | 57 |
| 2013/C 225/18 | Case C-331/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Poland | 57 |
| 2013/C 225/19 | Case C-392/12: Order of the President of the Court of 20 March 2013 — Fruit of the Loom, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Blueshore Management SA | 58 |
| 2013/C 225/20 | Case C-406/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Slovenia | 58 |
| 2013/C 225/21 | Case C-407/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Slovenia | 58 |
| 2013/C 225/22 | Case C-416/12: Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Wikom Deutsche Telekabel GmbH previously Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH | 58 |
| 2013/C 225/23 | Case C-432/12 P: Order of the President of the Court of 25 June 2013 — Leifheit AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Vermop Salmon GmbH | 58 |
| 2013/C 225/24 | Case C-496/12: Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from Krajský súd v Prešove — Slovakia) — Spoločenstvo vlastníkov bytov MYJAVA v Podtatranská vodárenská prevádzková spoločnosť, a.s. | 58 |
| 2013/C 225/25 | Case C-513/12: Order of the President of the Court of 25 March 2013 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Aslihan Nazli Ayalti v Federal Republic of Germany | 58 |
| 2013/C 225/26 | Case C-538/12: Order of the President of the Court of 7 May 2013 — European Commission v Republic of Slovenia | 58 |
| 2013/C 225/27 | Case C-545/12: Order of the President of the Court of 22 May 2013 — European Commission v Republic of Cyprus | 59 |
| 2013/C 225/28 | Case C-572/12: Order of the President of the Court of 7 May 2013 — European Commission v Kingdom of the Netherlands | 59 |
| 2013/C 225/29 | Case C-585/12: Order of the President of the Court of 11 April 2013 — Shell Petroleum NV, The Shell Transport and Trading Company Ltd, Shell Nederland Verkoopmaatschappij BV v European Commission | 59 |
| 2013/C 225/30 | Case C-618/12: Order of the President of the Court of 25 March 2013 (request for a preliminary ruling from the Cour administrative d’appel de Paris — France) — Société Reggiani SpA Illuminazione v Ministre de l’Économie et des Finances | 59 |
| 2013/C 225/31 | Case C-68/13: Order of the President of the Court of 28 May 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Markus Weiss v Condor Flugdienst GmbH | 59 |
| 2013/C 225/32 | Case C-158/13: Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from the Rechtbank Den Haag — Netherlands) — Hamidullah Rajaby v Staatssecretaris van Veiligheid en Justitie | 59 |
| | General Court |
| 2013/C 225/33 | Case T-267/07: Judgment of the General Court of 7 June 2013 — Italy v Commission (EAGGF — Guarantee Section — Clearance of accounts — Expenditure excluded from financing — Excessive delay in the assessment by the Commission of the communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Article 32(5) of Regulation (EC) No 1290/2005 — Obligation to state reasons — Reasonable time) | 60 |
| 2013/C 225/34 | Case T-404/08: Judgment of the General Court of 18 June 2013 — Fluorsid and Minmet v Commission (Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Action for annulment — Period allowed for commencing proceedings — Out of time — Inadmissibility — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Definition of the relevant market — Fines — Gravity of the infringement — 2006 Guidelines on fines) | 60 |
| 2013/C 225/35 | Case T-405/08: Judgment of the General Court of 7 June 2013 — Spar Österreichische Warenhandels v Commission (Competition — Concentrations — Markets for everyday consumer goods — Decision declaring the concentration compatible with the internal market — Commitments — Manifest error of assessment — Right to be heard — Duty to state reasons) | 61 |
| 2013/C 225/36 | Case T-406/08: Judgment of the General Court of 18 June 2013 — ICF v Commission (Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Consistency between the statement of objections and the contested decision — Fines — 2006 Guidelines on fines — Euro-Mediterranean Agreement) | 61 |
| 2013/C 225/37 | Case T-280/09: Judgment of the General Court of 30 May 2013 — Morte Navarro v Parliament (Petition addressed to the European Parliament — Decision to take no further action on the petition — Action for annulment — Act adversely affecting an official — Admissibility — Obligation to state reasons — Petition not falling within an area of activity of the European Union) | 61 |
| 2013/C 225/38 | Case T-509/09: Judgment of the General Court of 18 June 2013 — Portugal v Commission (Fisheries — Financial contribution for the implementation of control and surveillance systems — Decision not to reimburse expenditure incurred for the purchase of two Ocean Patrol Vessels (OPV) — Article 296 EC — Directive 93/36/EEC — Legitimate expectations — Obligation to state reasons) | 62 |
| 2013/C 225/39 | Case T-214/10: Judgment of the General Court of 30 May 2013 — Moselland v OHIM — Renta Siete (DIVINUS) (Community trade mark — Opposition proceedings — Application for Community word mark DIVINUS — Earlier national figurative mark MOSELLAND Divinum — Existence, validity and extent of the protection of the earlier right — Proof) | 62 |
| 2013/C 225/40 | Case T-218/10: Judgment of the General Court of 30 May 2013 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT) (Community trade mark — Opposition proceedings — Application for Community figurative mark SERVICEPOINT — Earlier Community marks ServicePoint and earlier national marks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009) | 63 |
| 2013/C 225/41 | Case T-384/10: Judgment of the General Court of 29 May 2013 — Spain v Commission (Cohesion fund — Regulation (EC) No 1164/94 — Projects concerning water supply to settlements in the Guadiana river basin in the Andévalo area, drainage and water treatment in the Guadalquivir river basin and water supply to multi-municipal systems in the provinces of Granada and Málaga — Partial withdrawal of financial assistance — Public works and services contracts — ‘Work’ — Split of the procurement — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality) | 63 |
| 2013/C 225/42 | Joined Cases T-431/10 and T-560/10: Judgment of the General Court of 4 June 2013 — Nencini v Parliament (Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament — Travel and parliamentary assistance expenses — Recovery of undue payments — Limitation period — Reasonable period — Rights of the defence — Principle of audi alteram partem — Proportionality) | 64 |
| 2013/C 225/43 | Joined Cases T-454/10 and T-482/11: Judgment of the General Court of 30 May 2013 — Anicav and Others v Commission (Agriculture — Common organisation of the markets — Aid in the fruit and vegetable sector — Actions for annulment — Whether directly concerned — Admissibility — Processed fruit and vegetables — Operational funds and operational programmes — Funding of ‘(non-)genuine processing activities’) | 64 |
| 2013/C 225/44 | Case T-2/11: Judgment of the General Court of 7 June 2013 — Portugal v Commission (EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred in connection with the POSEI measure (financial years 2005, 2006 and 2007)) | 65 |
| 2013/C 225/45 | Case T-65/11: Judgment of the General Court of 5 June 2013 — Recombined Dairy System v Commission (Customs union — Import of lactoglobulin concentrates from New Zealand — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92) | 66 |
| 2013/C 225/46 | Case T-68/11: Judgment of the General Court of 6 June 2013 — Kastenholz v OHIM — Qwatchme (Watch dials) (Community design — Invalidity proceedings — Community design representing watch dials — Earlier unregistered designs — Ground for invalidity — Novelty — Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 — Individual character — Different overall impression — Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 — Earlier copyright — Article 25(1)(f) of Regulation No 6/2002) | 66 |
| 2013/C 225/47 | Case T-74/11: Judgment of the General Court of 30 May 2013 — Omnis Group v Commission (Competition — Abuse of dominant position — Market for the provision of Enterprise Resource Planning software (ERP) and Enterprise Application Software (EAS) — Decision rejecting a complaint — No European Union interest) | 66 |
| 2013/C 225/48 | Case T-93/11: Judgment of the General Court of 7 June 2013 — Stichting Corporate Europe Observatory v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement — Refusal of access — Exception relating to the protection of the public interest in the field of international relations — Documents which have entered the public domain — Non-imposition of a restriction on disclosure of documents) | 67 |
| 2013/C 225/49 | Case T-178/11: Judgment of the General Court of 28 May 2013 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional shape of a bottle) (Community trade mark — Cancellation proceedings — Three-dimensional Community trade mark depicting the shape of a bottle — Absolute grounds for refusal) | 67 |
| 2013/C 225/50 | Case T-187/11: Judgment of the General Court of (Third Chamber) of 28 May 2013 — Trabelsi and Others v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Article 17(1) of the Charter of Fundamental Rights of the European Union — Action for damages — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility) | 68 |
| 2013/C 225/51 | Case T-188/11: Judgment of the General Court of 28 May 2013 — Chiboub v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis) | 68 |
| 2013/C 225/52 | Case T-200/11: Judgment of the General Court of 28 May 2013 — Al Matri v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis) | 69 |
| 2013/C 225/53 | Case T-219/11: Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (AGIPA) (Community trade mark — Opposition proceedings — Application for the Community word mark AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009) | 69 |
| 2013/C 225/54 | Case T-248/11: Judgment of the General Court of 27 June 2013 — International Engine Intellectual Property Company v OHIM (PURE POWER) (Community trade mark — Application for the Community word mark PURE POWER — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009) | 70 |
| 2013/C 225/55 | Case T-279/11: Judgment of the General Court of 6 June 2013 — T&L Sugars and Sidul Açúcares v Commission (Agriculture — Exceptional measures concerning the release of out-of-quota sugar on the Union market and opening a tariff quota — Action for annulment — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility — Action for damages) | 70 |
| 2013/C 225/56 | Case T-396/11: Judgment of the General Court of 30 May 2013 — ultra air v OHIM — Donaldson Filtration Deutschland (ultrafilter international) (Community trade mark — Invalidity proceedings — Community word mark ultrafilter international — Absolute ground for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 — Abuse of rights) | 71 |
| 2013/C 225/57 | Case T-505/11: Judgment of the General Court of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 71 |
| 2013/C 225/58 | Case T-514/11: Judgment of the General Court of 4 June 2013 — i-content v OHIM — Decathlon (BETWIN) (Community trade mark — Opposition proceedings — Application for Community word mark BETWIN — Earlier Community figurative mark b’Twin — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 72 |
| 2013/C 225/59 | Case T-515/11: Judgment of the General Court of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD) (Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009) | 72 |
| 2013/C 225/60 | Case T-522/11: Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA) (Community trade mark — Opposition proceedings — Application for the Community word mark APLI-AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009) | 73 |
| 2013/C 225/61 | Case T-580/11: Judgment of the General Court of 6 June 2013 — McNeil v OHIM — Alkalon (NICORONO) (Community trade mark — Opposition proceedings — Application for the Community word mark NICORONO — Earlier Community word mark NICORETTE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009) | 73 |
| 2013/C 225/62 | Case T-598/11: Judgment of the General Court of 12 June 2013 — MPDV Mikrolab v OHIM (Lean Performance Index) (Community Trade mark — Application for Community word mark Lean Performance Index — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) | 73 |
| 2013/C 225/63 | Case T-608/11: Judgment of the General Court of 27 June 2013 — Beifa Group v OHIM — Schwan-Stabilo Schwanhäußer (Instrument for writing) (Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative and three-dimensional trade marks — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Decision taken following the annulment by the General Court of an earlier decision) | 74 |
| 2013/C 225/64 | Case T-636/11: Judgment of the General Court of 13 June 2013 — Hostel drap v OHIM — Aznar Textil (MY drap) (Community trade mark — Opposition proceedings — Application for Community figurative mark MY drap — Earlier Community figurative mark BON DRAP — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 74 |
| 2013/C 225/65 | Case T-645/11 P: Judgment of the General Court of 18 June 2013 — Heath v ECB (Appeal — Civil Service Tribunal — Employees of the ECB — Pensions — Annual increase — Rate of increase for 2010 — Retroactivity — Right to collective bargaining) | 74 |
| 2013/C 225/66 | Case T-668/11: Judgment of the General Court of 6 June 2013 — VIP Car Solutions v Parliament (Non-contractual liability — Public service contracts — Community procurement procedure — Transport of Members of the European Parliament in chauffeur-driven cars and minibuses during sessions at Strasbourg — Rejection of the bid of a tenderer — Annulment by the General Court of the rejection decision — Loss allegedly suffered following the decision rejecting the applicant’s bid — Action for damages) | 75 |
| 2013/C 225/67 | Case T-89/12: Judgment of the General Court of 27 June 2013 — Repsol YPF v OHIM — Ajuntament de Roses (R) (Community trade mark — Opposition proceedings — Application for Community figurative mark R — Earlier national figurative mark R — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 75 |
| 2013/C 225/68 | Case T-115/12: Judgment of the General Court of 30 May 2013 — Buzil-Werk Wagner v OHIM — Roca Sanitario (Roca) (Community trade mark — Opposition proceedings — Application for Community word mark Roca — Earlier national figurative mark ROCA and earlier international figurative mark Roca — Relative ground for refusal — Similarity of the goods — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 75 |
| 2013/C 225/69 | Case T-126/12: Judgment of the General Court of 6 June 2013 — Interroll v OHIM (Inspired by efficiency) (Community trade mark — Application for Community word mark Inspired by efficiency — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009) | 76 |
| 2013/C 225/70 | Case T-128/12: Judgment of the General Court of 12 June 2013 — HTTS v Council (Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment) | 76 |
| 2013/C 225/71 | Case T-172/12: Judgment of the General Court of 30 May 2013 — Brauerei Beck v OHIM — Aldi (Be Light) (Community trade mark — Opposition proceedings — Application for Community figurative mark Be Light — Earlier Community mark BECK’s — relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009) | 77 |
| 2013/C 225/72 | Case T-367/12: Judgment of the General Court of 27 June 2013 — MOL v OHIM — Banco Bilbao Vizcaya Argentaria (MOL Blue Card) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark MOL Blue Card — Earlier Community word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 77 |
| 2013/C 225/73 | Case T-411/12: Judgment of the General Court of 6 June 2013 — Celtipharm v OHIM — Alliance Healthcare France (PHARMASTREET) (Community trade mark — Opposition proceedings — Application for Community word mark PHARMASTREET — Earlier national word mark PHARMASEE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 78 |
| 2013/C 225/74 | Case T-322/09: Order of the General Court of 15 May 2013 — Al-Faqih and MIRA v Council and Commission (Common foreign and security policy — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Freezing of funds — Withdrawal from the list of persons concerned — No need to adjudicate) | 78 |
| 2013/C 225/75 | Case T-69/12: Order of the General Court of 17 June 2013 — Zavvar v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal of the persons concerned from the list — No need to adjudicate) | 79 |
| 2013/C 225/76 | Case T-70/12: Order of the General Court of 17 June 2013 — Divandari v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of inadmissibility — Lis pendens — Plea of illegality — Removal of the persons concerned from the list — No need to adjudicate) | 79 |
| 2013/C 225/77 | Case T-71/12: Order of the General Court of 17 June 2013 — Meskarian v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal of the persons concerned from the list — No need to adjudicate) | 80 |
| 2013/C 225/78 | Case T-213/12: Order of the General Court of 4 June 2013 — Elitaliana v Eulex Kosovo (Action for annulment — Public service contracts — Public procurement procedure — Helicopter support to the EULEX Kosovo mission — Rejection of the bid of a tenderer — No legal capacity to be a defendant — Inadmissibility) | 80 |
| 2013/C 225/79 | Case T-398/12: Order of the General Court of 4 June 2013 — Cosma Moden v OHMI — s.Oliver Bernd Freier (COSMA) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate) | 81 |
| 2013/C 225/80 | Case T-399/12: Order of the General Court of 4 June 2013 — Cosma Moden v OHMI — s.Oliver Bernd Freier (COSMA) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate) | 81 |
| 2013/C 225/81 | Case T-413/12: Order of the General Court of 15 May 2013 — Post Invest Europe Sàrl v European Commission (Action for annulment — State aid — Aid granted by the Belgian authorities to De Post-La Poste (now bpost) — Compensation for public service costs — Decision declaring the aid in part incompatible with the internal market and ordering its recovery — Lack of interest in bringing proceedings — Inadmissibility — Offers of further evidence) | 81 |
| 2013/C 225/82 | Case T-165/13 R: Order of the President of the General Court of 8 May 2013 — Talanton v Commission (Interim relief — Arbitration clause — Contracts entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Repayment of sums paid — Application for stay of execution — No urgency) | 82 |
| 2013/C 225/83 | Case T-201/13 R: Order of the President of the General Court of 5 June 2013 — Rubinum v Commission (Interim relief — Authorisation of feed additives — Regulation on the suspension of the authorisations of the preparation of Bacillus cereus var. toyoi — Application for suspension of operation of a measure — Urgency — Weighing up of interests) | 82 |
| 2013/C 225/84 | Case T-55/09: Order of the General Court of 4 June 2013 — Daniel Swarovski v OHIM — Swarovski (Dabiel Swarovski Privat) | 82 |
| 2013/C 225/85 | Case T-277/09: Order of the General Court of 10 June 2013 — Trasys v Commission | 82 |
| 2013/C 225/86 | Case T-45/11: Order of the General Court of 27 May 2013 — Italy v Commission | 83 |
| 2013/C 225/87 | Case T-94/11: Order of the General Court of 13 June 2013 — AU Optronics v Commission | 83 |
| 2013/C 225/88 | Case T-407/11: Order of the General Court of 14 June 2013 — SRF v Council | 83 |
| 2013/C 225/89 | Case T-459/11: Order of the General Court of 10 June 2013 — Barloworld v Commission | 83 |
| 2013/C 225/90 | Case T-550/12: Order of the General Court of 3 June 2013 — bachmaier v OHIM — (oto-soft) | 83 |
| 2013/C 225/91 | Case T-13/13: Order of the General Court of 14 June 2013 — MasterCard International v OHIM — Nehra (surfpin) | 83 |
| | European Union Civil Service Tribunal |
| 2013/C 225/92 | Case F-56/11: Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — Lebedef v Commission (Civil service — Officials — Disciplinary proceedings — Disciplinary measure — Downgrading) | 84 |
| 2013/C 225/93 | Case F-86/11: Judgment of the Civil Service Tribunal (First Chamber) of 7 May 2013 — McCoy v Committee of the Regions (Civil Service — Officials — Invalidity pension — Article 78(5) of the Staff Regulations — Refusal to recognise that invalidity arose from an occupational disease) | 84 |
| 2013/C 225/94 | Case F-88/11: Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — BX v Commission (Civil service — Open competition — Competition EPSO/AD/148/09 — Failure to include the applicant in the reserve list) | 84 |
| 2013/C 225/95 | Case F-116/11: Judgment of the Civil Service Tribunal (Second Chamber) of 26 June 2013 — Vacca v Commission (Civil service — Open competition — Competition notice EPSO/AD/207/11 — Non-admission to the assessment tests — Admission tests — Cancellation of questions — Information for candidates) | 85 |
| 2013/C 225/96 | Case F-44/11: Order of the Civil Service Tribunal (Second Chamber) of 28 June 2013 — Marcuccio v Commission (Civil service — Article 34(1) and (6) of the Rules of Procedure — Application lodged by fax within the period for bringing proceedings, extended on account of distance by a period of ten days — Application received by post within the following ten days — Applications not the same — Action out of time) | 85 |
| 2013/C 225/97 | Case F-67/11: Order of the Civil Service Tribunal (First Chamber) of 28 May 2013 — Marcuccio v Commission (Civil service — Officials — Annulment of the Commission’s decision — Compliance with the judgment of the Tribunal — Damage arising as a result of non-compliance — Conditions — Action manifestly lacking any basis in law) | 85 |
| 2013/C 225/98 | Case F-1/12: Order of the Civil Service Tribunal (First Chamber) of 15 April 2013 — Andersen v Court of Auditors (Civil service — Officials — Retirement on grounds of invalidity — Article 78 of the Staff Regulations — Action in part manifestly inadmissible and in part manifestly unfounded) | 86 |
| 2013/C 225/99 | Case F-4/12: Order of the Civil Service Tribunal (First Chamber) of 14 May 2013 — Marcuccio v Commission (Civil service — Article 34(1) and (6) of the Rules of Procedure — Application lodged by fax within the period prescribed for bringing proceedings — Lawyer’s hand-written signature different from that on the original application received by post — Application lodged out of time — Manifest inadmissibility — None) | 86 |
| 2013/C 225/00 | Case F-54/12: Order of the Civil Service Tribunal of 14 June 2013 — Carosi v Commission | 86 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2013/C 225/02

Case C-383/10: Judgment of the Court (Fifth Chamber) of 6 June 2013 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Articles 56 TFEU and 63 TFEU — Articles 36 and 40 of the EEA Agreement — Tax legislation — Tax exemption reserved to interest payments by resident banks and excluding interest payments by banks established abroad)

2

2013/C 225/03

Case C-512/10: Judgment of the Court (First Chamber) of 30 May 2013 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Transport — Directive 91/440/EEC — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 6(2) and (3) of Directive 2001/14 — Continued absence of financial balance — Articles 6(1) and 7(3) and (4) of Directive 91/440 — Absence of incentives for infrastructure managers — Articles 7(3) and 8(1) of Directive 2001/14 — Calculation of the minimum access charge)

2

2013/C 225/04

Case C-569/10: Judgment of the Court (Fourth Chamber) of 27 June 2013 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 94/22/EC — Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons — Non-discriminatory access)

3

2013/C 225/05

Case C-589/10: Judgment of the Court (First Chamber) of 16 May 2013 (request for a preliminary ruling from the Sąd Apelacyjny — Sąd Pracy i Ubezpieczeń Społecznych w Białymstoku (Poland)) — Janina Wencel v Zakład Ubezpieczeń Społecznych w Białymstoku (Article 45 TFEU — Regulation (EEC) No 1408/71 — Article 10 — Old-age benefits — Habitual residence in two different Member States — A survivor’s pension received in one of those States and a retirement pension in the other — Withdrawal of one of those benefits — Recovery of benefits to which it is alleged the recipient was not entitled)

3

2013/C 225/06

Joined Cases C-197/11 and C-203/11: Judgment of the Court (First Chamber) of 8 May 2013 (requests for a preliminary ruling from the Cour constitutionnelle — Belgium) — Eric Libert, Christian Van Eycken, Max Bleeckx, Syndicat national des propriétaires et copropriétaires (ASBL), Olivier de Clippele v Gouvernement flamand (C-197/11), All Projects & Developments NV and Others v Vlaamse Regering (C-203/11) (Fundamental freedoms — Restriction — Justification — State aid — Concept of ‘public works contract’ — Land and buildings located in certain communes — National legislation making the transfer of land and buildings subject to the condition that there exists a ‘sufficient connection’ between the prospective buyer or tenant and the target commune — Social obligation on subdividers and developers — Tax incentives and subsidy mechanisms)

4

2013/C 225/07

Case C-228/11: Judgment of the Court (First Chamber) of 16 May 2013 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — Melzer v MF Global UK Ltd (Judicial cooperation in civil matters — Special jurisdiction in matters of tort, delict and quasi-delict — Cross-border participation by several persons in the same unlawful act — Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (‘wechselseitige Handlungsortzurechnung’))

5

2013/C 225/08

Case C-241/11: Judgment of the Court (Grand Chamber) of 25 June 2013 — European Commission v Czech Republic (Failure of a Member State to fulfil obligations — Directive 2003/41/EC — Activity and supervision of institutions for occupational retirement provision — Partial failure to transpose within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Failure to comply with the judgment — Article 260(2) TFEU — Financial penalties — Lump sum)

6

2013/C 225/09

Case C-270/11: Judgment of the Court (Fourth Chamber) of 30 May 2013 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Retention of data generated or processed in connection with the provision of electronic communications services — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260 TFEU — Pecuniary penalties — Imposition of a lump sum payment)

6

2013/C 225/10

Case C-300/11: Judgment of the Court (Grand Chamber) of 4 June 2013 (request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) — ZZ v Secretary of State for the Home Department (Freedom of movement for persons — Directive 2004/38/EC — Decision refusing a citizen of the European Union admission to a Member State on public security grounds — Article 30(2) of the directive — Obligation to inform the citizen concerned of the grounds of that decision — Disclosure contrary to the interests of State security — Fundamental right to effective judicial protection)

7

2013/C 225/11

Case C-386/11: Judgment of the Court (Fifth Chamber) of 13 June 2013 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Piepenbrock Dienstleistungen GmbH & Co. KG v Kreis Düren (Public contracts — Directive 2004/18/EC — Definition of ‘public contract’ — Article 1(2)(a) — Contract concluded between two local authorities — Transfer by one entity of the responsibility for cleaning certain of its buildings to another entity in return for financial compensation)

7

2013/C 225/12

Case C-397/11: Judgment of the Court (First Chamber) of 30 May 2013 (request for a preliminary ruling from the Fővárosi Bíróság — Hungary) — Erika Jőrös v Aegon Magyarország Hitel Zrt. (Directive 93/13/EEC — Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Consequences to be drawn by the national court from a finding that the term is unfair)

8

2013/C 225/13

Joined Cases C-457/11 to C-460/11: Judgment of the Court (Fourth Chamber) of 27 June 2013 (requests for a preliminary ruling from the Bundesgerichtshof — Germany) — Verwertungsgesellschaft Wort (VG Wort) v Kyocera, formerly Kyocera Mita Deutschland GmbH, Epson Deutschland GmbH, Xerox GmbH (C-457/11), Canon Deutschland GmbH (C-458/11), and Fujitsu Technology Solutions GmbH (C-459/11), Hewlett-Packard GmbH (C-460/11) v Verwertungsgesellschaft Wort (VG Wort) (Intellectual and industrial property — Copyright and related rights in the information society — Directive 2001/29/EC — Reproduction right — Fair compensation — Concept of ‘reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects’ — Consequences of the non-application of technological measures which are available to prevent or restrict unauthorised acts — Consequences of an express or implied authorisation to reproduce)

9

2013/C 225/14

Case C-485/11: Judgment of the Court (Third Chamber) of 27 June 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges applicable to undertakings holding general authorisations — National legislation — Electronic telecommunications operators — Requirement to pay an additional charge)

9

2013/C 225/15

Case C-488/11: Judgment of the Court (First Chamber) of 30 May 2013 (request for a preliminary ruling from the Gerechtshof te Amsterdam — Netherlands) — Dirk Frederik Asbeek Brusse, Katarina de Man Garabito v Jahani BV (Directive 93/13/EEC — Unfair terms in consumer contracts — Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Penalty clause — Annulment of the clause)

10

2013/C 225/16

Case C-492/11: Judgment of the Court (Third Chamber) of 27 June 2013 (request for a preliminary ruling from the Giudice di pace di Mercato San Severino — Italy) — Ciro Di Donna v Società imballaggi metallici Salerno srl (SIMSA) (Judicial cooperation in civil matters — Mediation in civil and commercial matters — Directive 2008/52/EC — National legislation providing for a compulsory mediation procedure — No need to adjudicate)

11

2013/C 225/17

Case C-508/11 P P: Judgment of the Court (First Chamber) of 8 May 2013 — Eni SpA v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of the actual exercise of a decisive influence — Obligation to state reasons — Gravity of the infringement — Multiplier for deterrence — Actual impact on the market — Aggravating circumstances — Repeated infringements)

11

2013/C 225/18

Case C-511/11 P: Judgment of the Court (First Chamber) of 13 June 2013 — Versalis SpA, formerly Polimeri Europa SpA v European Commission (Appeals — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement)

12

2013/C 225/19

Case C-528/11: Judgment of the Court (Fourth Chamber) of 30 May 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Zuheyr Frayeh Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Asylum — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Article 3(2) — Discretion of the Member States — Role of the Office of the United Nations High Commissioner for Refugees — Obligation of Member States to request that Office to present its views — None)

12

2013/C 225/20

Case C-529/11: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London — United Kingdom) — Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department (Freedom of movement for persons — Regulation (EEC) No 1612/68 — Article 12 — Divorced spouse of a national of a Member State who has worked in another Member State — Adult child pursuing his studies in the host Member State — Right of residence of parent who is national of a non-Member State — Directive 2004/38/EC — Articles 16 to 18 — Right of permanent residence of family members of a Union citizen who are not nationals of a Member State — Legal residence — Residence based on Article 12 above)

13

2013/C 225/21

Case C-534/11: Judgment of the Court (Third Chamber) of 30 May 2013 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — Mehmet Arslan v Policie ČR, Krajské ředitelství policie Ústeckého kraje, odbor cizinecké policie (Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Applicability to asylum seekers — Possibility of keeping a third-country national in detention after an application for asylum has been made)

13

2013/C 225/22

Case C-542/11: Judgment of the Court (Fifth Chamber) of 27 June 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v Codirex Expeditie BV (Community Customs Code — Regulation (EEC) No 2913/92 — Goods in temporary storage — Non-Community goods — External Community transit procedure — Point at which a customs-approved treatment or use is assigned — Acceptance of the customs declaration — Release of the goods — Customs debt)

14

2013/C 225/23

Case C-568/11: Judgment of the Court (Second Chamber) of 20 June 2013 (request for a preliminary ruling from the Vestre Landsret — Denmark) — Agroferm A/S v Ministeriet for Fødevarer, Landbrug og Fiskeri (Tariff classification — Combined Nomenclature — Sugar-based product consisting of 65 % lysine sulphate and 35 % impurities resulting from the manufacturing process — Regulation (EC) No 1719/2005 — Regulation (EC) No 1265/2001 — Production refund on certain products used in the chemical industry — Community aid wrongly paid — Repayment — Principle of the protection of legitimate expectations)

15

2013/C 225/24

Case C-575/11: Judgment of the Court (First Chamber) of 27 June 2013 (request for a preliminary ruling from the Simvoulio tis Epikratias — Greece) — Eleftherios-Themistoklis Nasiopoulos v Ipourgos Igias kai Pronoias (Recognition of diplomas and other evidence of formal qualifications — Directive 2005/36/EC — Profession of physiotherapist — Partial and limited recognition of professional qualifications — Article 49 TFEU)

15

2013/C 225/25

Case C-604/11: Judgment of the Court (Fourth Chamber) of 30 May 2013 (request for a preliminary ruling from the Juzgado de Primera Instancia no 12 de Madrid — Spain) — Genil 48 SL, Comercial Hostelera de Grandes Vinos SL v Bankinter SA, Banco Bilbao Vizcaya Argentaria SA (Directive 2004/39/EC — Markets in financial instruments — Article 19 — Conduct of business obligations when providing investment services to clients — Investment advice — Other investment services — Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Investment service offered as part of a financial product — Interest-rate swap agreements to protect against the risk of variations of interest rates on financial products)

o

16

2013/C 225/26

Case C-615/11 P: Judgment of the Court (Tenth Chamber) of 16 May 2013 — European Commission v Ryanair Ltd (Appeal — Action for failure to act — Article 232 EC — Regulation (EC) No 659/1999 — Article 20(2) — State aid allegedly granted to Italian airlines — Complaint — Lack of a decision from the Commission)

16

2013/C 225/27

Joined Cases C-630/11 P to C-633/11 P: Judgment of the Court (Second Chamber) of 13 June 2013 — HGA Srl. and Others v European Commission (Appeals — Regional State aid — Aid to the hotel industry in Sardinia — New aid — Alteration to an existing aid scheme — Corrective decision — Possibility of adopting such a decision — Regulation (EC) No 659/1999 — Articles 4(5), 7(6), 10(1), 13(2), 16 and 20(1) — Incentive effect of the aid — Protection of legitimate expectations)

17

2013/C 225/28

Case C-635/11: Judgment of the Court (Eighth Chamber) of 20 June 2013 — European Commission v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Article 16(2)(a) and (b) — Company resulting from a cross-border merger — Employees employed in the Member State where the company has its registered office or in other Member States — Participation rights — Failure to provide identical rights)

17

2013/C 225/29

Case C-648/11: Judgment of the Court (Fourth Chamber) of 6 June 2013 (request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) — United Kingdom) — The Queen, on the application of: MA, BT, DA v Secretary of State for the Home Department (Regulation (EC) No 343/2003 — Determining the Member State responsible — Unaccompanied minor — Successive applications for asylum lodged in two Member States — Absence of a member of the family of the minor in the territory of a Member State — Second paragraph of Article 6 of Regulation No 343/2003 — Transfer of the minor to the Member State in which he lodged his first application — Compatibility — Child’s best interests — Article 24(2) of the Charter)

18

2013/C 225/30

Case C-651/11: Judgment of the Court (Ninth Chamber) of 30 May 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v X BV (VAT — Sixth Directive 77/388/EEC — Article 5(8) — Concept of ‘transfer of a totality of assets or part thereof’ — Disposal of 30 % of the shares in a company to which the transferor supplies services that are subject to VAT)

18

2013/C 225/31

Case C-653/11: Judgment of the Court (Third Chamber) of 20 June 2013 (request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber) — United Kingdom) — Her Majesty’s Commissioners of Revenue and Customs v Paul Newey, trading under the business name Ocean Finance (Reference for a preliminary ruling — Sixth VAT Directive — Article 2(1) and Article 6(1) — Meaning of ‘supply of services’ — Supply of advertising and loan broking services — Exemptions — Economic and commercial reality of the transactions — Abusive practices — Transactions with the sole aim of obtaining a tax advantage)

19

2013/C 225/32

Case C-663/11: Judgment of the Court (Fifth Chamber) of 30 May 2013 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Scandic Distilleries SA v Direcția Generală de Administrare a Marilor Contribuabili (Request for a preliminary ruling — Directive 92/12/EEC — Excise duties — Products released for consumption in a Member State where the excise duty was paid — Same products transported to another Member State where the excise duty has also been paid — Request for reimbursement of the excise duty paid in the first Member State — Refusal for not introducing the request before the goods were dispatched — Compatibility with European Union law)

19

2013/C 225/33

Case C-667/11: Judgment of the Court (Second Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Varna — Bulgaria) — Paltrade EOOD v Nachalnik na Mitnicheski punkt — Pristanishte Varna pri Mitnitsa Varna (Commercial policy — Regulation (EC) No 1225/2009 — Articles 13 and 14 — Imports of products originating in China — Anti-dumping duties — Circumvention — Re-consignment of goods via Malaysia — Implementing Regulation (EU) No 723/2011 — Registration of imports — Recovery of anti-dumping duties — Retroactivity)

20

2013/C 225/34

Joined Cases C-671/11 to C-676/11: Judgment of the Court (Fourth Chamber) of 13 June 2013 (requests for a preliminary ruling from the Conseil d’État — France) — Établissement national des produits de l’agriculture et de la mer (FranceAgriMer), successor in law to the Office national interprofessionnel des fruits, des légumes, des vins et de l’horticulture (Viniflhor) v Société anonyme d’intérêt collectif agricole Unanimes (C-671/11 and C-672/11), Organisation de producteurs Les Cimes (C-673/11), Société Agroprovence (C-674/11), Regalp SA (C-675/11), Coopérative des producteurs d’asperges de Montcalm (COPAM) (C-676/11) (Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Period under scrutiny’ — Possibility of extending the period under scrutiny and adjusting the temporal parameters — Objective of effective supervision — Legal certainty)

21

2013/C 225/35

Case C-677/11: Judgment of the Court (Fifth Chamber) of 30 May 2013 (request for a preliminary ruling from the Conseil d’État — France) — Doux Élevage SNC, Coopérative agricole UKL-ARREE v Ministère de l’Agriculture, de l’Alimentation, de la Pêche, de la Ruralité et de l’Aménagement du territoire, Comité interprofessionnel de la dinde française (CIDEF) (Article 107(1) TFEU — State aid — Concept of ‘State resources’ — Concept of ‘imputability to the State’ — Inter-trade organisations in the agricultural sector — Recognised organisations — Common activities decided on by those organisations in the interests of trade — Financing by means of contributions introduced on a voluntary basis by those organisations — Administrative measure making those contributions compulsory for all traders in the agricultural industry affected)

21

2013/C 225/36

Case C-681/11: Judgment of the Court (Grand Chamber) of 18 June 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Bundeswettbewerbsbehörde, Bundeskartellanwalt v Schenker & Co. AG and Others (Agreements, decisions and concerted practices — Article 101 TFEU — Regulation (EC) No 1/2003 — Articles 5 and 23(2) — Intention-related or negligence-related conditions for imposing a fine — Impact of legal advice or of a decision of a national competition authority — Power of a national competition authority to find the infringement of European Union competition law without imposing a fine)

22

2013/C 225/37

Case C-3/12: Judgment of the Court (Fourth Chamber) of 13 June 2013 (request for a preliminary ruling from the Conseil d’État — France) — Syndicat OP 84 v Établissement national des produits de l’agriculture et de la mer (FranceAgriMer), successor in law to the Office national interprofessionnel des fruits, des légumes, des vins et de l’horticulture (VINIFLHOR), itself successor in law to the Office national interprofessionnel des fruits, des légumes et de l’horticulture (ONIFLHOR) (Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Scrutiny period’ — Possibility for a Member State to extend the scrutiny period where it is impossible to carry out that scrutiny in the time allowed — Repayment of financial assistance — Penalties)

23

2013/C 225/38

Case C-7/12: Judgment of the Court (Fourth Chamber) of 20 June 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — Nadežda Riežniece v Latvijas Republikas Zemkopības ministrija, Lauku atbalsta dienests (Social policy — Directive 76/207/EEC — Equal treatment for male and female workers — Directive 96/34/EC — Framework Agreement on Parental Leave — Abolishment of officials’ posts due to national economic difficulties — Assessment of a female worker who took parental leave as compared to workers who remained in active service — Dismissal at the end of parental leave — Indirect discrimination)

23

2013/C 225/39

Case C-20/12: Judgment of the Court (Fifth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal administratif, Luxembourg) — Elodie Giersch, Benjamin Marco Stemper, Julien Taminiaux, Xavier Renaud Hodin, Joëlle Hodin v État du Grand-Duché de Luxembourg (Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EEC) No 1612/68 — Article 7(2) — Financial aid for higher education studies — Condition of residence in the Member State granting the assistance — Refusal to grant the aid to students, who are European Union citizens not residing in the Member State concerned, whose father or mother, a frontier worker, works in that Member State — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality)

24

2013/C 225/40

Case C-45/12: Judgment of the Court (Fourth Chamber) of 13 June 2013 (request for a preliminary ruling from the Cour du travail de Bruxelles — Belgium) — Office national d’allocations familiales pour travailleurs salariés (ONAFTS) v Radia Hadj Ahmed (Social security for migrant workers — Regulation (EEC) No 1408/71 — Scope ratione personae — Grant of family benefits to a third-country national with a right of residence in a Member State — Regulation (EC) No 859/2003 — Directive 2004/38/EC — Regulation (EEC) No 1612/68 — Length-of-residence requirement)

25

2013/C 225/41

Case C-62/12: Judgment of the Court (First Chamber) of 13 June 2013 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Galin Kostov v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite (Common system of value added tax — Directive 2006/112/EC — Article 9(1) — Concept of ‘taxable person’ — Natural person — Taxable supply of a service — Occasional supply — Unconnected with a registered professional activity subject to VAT — Self-employed bailiff)

26

2013/C 225/42

Case C-70/12 P: Judgment of the Court (Seventh Chamber) of 30 May 2013 — Quinn Barlo Ltd, Quinn Plastics NV, Quinn Plastics GmbH v European Commission (Appeal — Agreements, decisions and concerted practices — European market for methacrylates — Duration of the infringement — Presumption of innocence — Statement of reasons — Unlimited jurisdiction — General principles of the protection of legitimate expectations and equal treatment — Proportionality of the fine)

26

2013/C 225/43

Case C-71/12: Judgment of the Court (Third Chamber) of 27 June 2013 (request for a preliminary ruling from the Qorti Kostituzzjonali — Malta) — Vodafone Malta Limited, Mobisle Communications Limited v L-Avukat Ġenerali, Il-Kontrollur tad-Dwana, Il-Ministru tal-Finanzi, L-Awtorita’ ta’ Malta dwar il-Komunikazzjoni (Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges and fees for rights of use — Charge applicable to mobile telephony operators — National legislation — Method of calculating the charge — Percentage of the costs paid by users)

27

2013/C 225/44

Case C-87/12: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Cour administrative (Luxembourg)) — Kreshnik Ymeraga, Kasim Ymeraga, Afijete Ymeraga-Tafarshiku, Kushtrim Ymeraga, Labinot Ymeraga v Ministre du Travail, de l’Emploi et de l’Immigration (Citizenship of the Union — Article 20 TFEU — Right of residence of third-country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement — Fundamental rights)

27

2013/C 225/45

Case C-93/12: Judgment of the Court (Third Chamber) of 27 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — ET Agrokonsulting-04-Velko Stoyanov v Izpalnitelen direktor na Darzhaven fond ‘Zemedelie’ — Razplashtatelna agentsia (Agriculture — Procedural autonomy of the Member States — Common agricultural policy — Aid — Administrative law disputes — Determination of the court with jurisdiction — National criterion — Administrative court in whose judicial district the seat of the authority which adopted the contested act is located — Principle of equivalence — Principle of effectiveness — Article 47 of the Charter of Fundamental Rights of the European Union)

28

2013/C 225/46

Case C-125/12: Judgment of the Court (Sixth Chamber) of 13 June 2013 (request for a preliminary ruling from the Juzgado de lo Mercantil no 1 de Granada — Spain) — Promociones y Construcciones BJ 200 SL (VAT — Directive 2006/112/EC — Article 199(1)(g) — Voluntary insolvency proceedings — Person liable for payment of tax — Liability of the person who is the recipient of certain transactions — Concept of ‘compulsory sale procedure’)

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28

2013/C 225/47

Case C-142/12: Judgment of the Court (Eighth Chamber) of 8 May 2013 (request for a preliminary ruling from the Administrativen sad — Varna (Bulgaria)) — Hristomir Marinov, acting on behalf of Lampatov — H — Hristomir Marinov v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — grad Varna pri Tsentralno upravlenie na Natsionalna agentsia za prihodite (Value added tax — Directive 2006/112/EC — Articles 18(c), 74 and 80 — Cessation of the taxable economic activity — Removal of the taxable person from the VAT register by the tax authorities — Retention of goods on which the VAT became deductible — Taxable amount — Open market value or purchase value — Determination at the time of the transaction — Direct effect of Article 74)

29

2013/C 225/48

Case C-144/12: Judgment of the Court (Third Chamber) of 13 June 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Goldbet Sportwetten GmbH v Massimo Sperindeo (Regulation (EC) No 1896/2006 — European order for payment procedure — Articles 6 and 17 — Opposition to the European order for payment without any challenge to the jurisdiction of the court of the Member State of origin — Regulation (EC) No 44/2001 — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Article 24 — Entering of an appearance of the defendant before the court seised — Applicability in the context of the European order for payment procedure)

29

2013/C 225/49

Case C-149/12 P: Judgment of the Court (Eighth Chamber) of 27 June 2013 — Xeda International SA, Pace International LLC v European Commission (Appeal — Plant-protection products — Diphenylamine — Non-inclusion in Annex I to Directive 91/414/EEC — Procedure for the assessment of active substances — Withdrawal by notifier of support for inclusion of an active substance in that annex — Regulation (EC) No 1490/2002 and Regulation (EC) No 1095/2007)

30

2013/C 225/50

Case C-155/12: Judgment of the Court (First Chamber) of 27 June 2013 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v RR Donnelley Global Turnkey Solutions Poland sp. z o.o. (VAT — Directive 2006/112/EC — Articles 44 and 47 — Place where taxable transactions are deemed to be carried out — Place of supply for tax purposes — Concept of ‘supply of services connected with immovable property’ — Complex cross-border service relating to the storage of goods)

30

2013/C 225/51

Case C-169/12: Judgment of the Court (Sixth Chamber) of 16 May 2013 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — TNT Express Worldwide (Poland) sp. z o.o. v Minister Finansów (Value added tax — Directive 2006/112/EC — Article 66(a) to (c) — Transport and shipping services — Chargeability — Date on which payment is received and no later than 30 days from the date on which the services are supplied — Invoice issued earlier)

31

2013/C 225/52

Case C-183/12 P: Judgment of the Court (Tenth Chamber) of 6 June 2013 — Chafiq Ayadi v European Commission, Council of the European Union (Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings)

31

2013/C 225/53

Case C-186/12: Judgment of the Court (Ninth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunal Judicial de Braga — Portugal) — Impacto Azul Lda v BPSA 9 — Promoção e Desenvolvimento de Investimentos Imobiliários SA, Bouygues Imobiliária — SGPS Lda, Bouygues Immobilier SA, Aniceto Fernandes Viegas, Óscar Cabanez Rodriguez (Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction)

32

2013/C 225/54

Case C-191/12: Judgment of the Court (Seventh Chamber) of 16 May 2013 (request for a preliminary ruling from the Kúria — Hungary) — Alakor Gabonatermelő és Forgalmazó Kft. v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága (Non-repayment of the entirety of value added tax unduly paid — National legislation precluding repayment of VAT because it has been passed on to a third party — Compensation in the form of aid covering a fraction of the non-deductible VAT — Unjust enrichment)

32

2013/C 225/55

Case C-193/12: Judgment of the Court (Seventh Chamber) of 13 June 2013 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Designation of vulnerable zones — Excessive nitrate content — Eutrophication — Obligation of four-yearly revision)

33

2013/C 225/56

Case C-219/12: Judgment of the Court (Second Chamber) of 20 June 2013 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Finanzamt Freistadt Rohrbach Urfahr v Unabhängiger Finanzsenat Außenstelle Linz (Sixth VAT Directive — Article 4(1) and (2) — Concept of ‘economic activities’ — Deduction of input tax — Operation of a photovoltaic installation on the roof of a house which is used as a dwelling — Supply to the network — Remuneration — Electricity production lower than consumption)

33

2013/C 225/57

Case C-239/12 P: Judgment of the Court (Grand Chamber) of 28 May 2013 — Abdulbasit Abdulrahim v Council of the European Union, European Commission (Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings)

34

2013/C 225/58

Case C-259/12: Judgment of the Court (Eighth Chamber) of 20 June 2013 (request for a preliminary ruling from the Administrativen sad Plovdiv — Bulgaria) — Teritorialna direktsia na NAP — Plovdiv v Rodopi-M 91 OOD (Taxation — VAT — Directive 2006/112/EC — Principles of fiscal neutrality and proportionality — Belated recording in the accounts and declaration of the cancellation of an invoice — Remedying of the omission — Payment of the tax — State budget — No harm suffered — Administrative penalty)

34

2013/C 225/59

Case C-269/12 P: Judgment of the Court (Fourth Chamber) of 20 June 2013 — Guillermo Cañas v European Commission, World Anti-doping Agency, ATP Tour, Inc. (Appeal — Competition — Anti-doping legislation — Decision to take no further action on a complaint lodged before the Commission — Concept of ‘interest in bringing proceedings’ — That interest remaining after the professional activity has ceased)

35

2013/C 225/60

Case C-271/12: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Petroma Transports SA, Martens Énergie SA, Martens Immo SA, Martens SA, Fabian Martens, Geoffroy Martens, Thibault Martens v État belge (Taxation — Value added tax — Sixth Directive 77/388/EEC — Right to deduct input tax — Obligations of the taxable person — Possession of improper or inaccurate invoices — Omission of mandatory particulars — Refusal of the right to deduct — Evidence subsequent to the occurrence of the transactions invoiced — Correcting invoices — Right to refund of VAT — Principle of neutrality)

35

2013/C 225/61

Case C-287/12 P: Judgment of the Court (Second Chamber) of 13 June 2013 — Ryanair Ltd v European Commission, Italian Republic, Alitalia — Compagnia Aerea Italiana SpA (Appeal — State aid — Loan granted by the Italian Republic to the airline company Alitalia — Decision declaring the aid unlawful and incompatible — Sale of assets of Alitalia — Decision finding no aid at the conclusion of the preliminary examination phase — Action for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Competence — Duty to state reasons)

36

2013/C 225/62

Case C-320/12: Judgment of the Court (Fifth Chamber) of 27 June 2013 (request for a preliminary ruling from the Højesteret — Denmark) — Malaysia Dairy Industries Pte. Ltd v Ankenævnet for Patenter og Varemærker (Approximation of laws — Directive 2008/95/EC — Article 4(4)(g) — Trade marks — Conditions for obtaining and continuing to hold a trade mark — Refusal of registration or invalidation — Concept of ‘bad faith’ of the applicant — Whether the applicant knows of the existence of a foreign mark)

36

2013/C 225/63

Case C-342/12: Judgment of the Court (Third Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunal do trabalho de Viseu — Portugal) — Worten — Equipamentos para o Lar SA v Autoridade para as Condições de Trabalho (ACT) (Processing of personal data — Directive 95/46/EC — Article 2 — Concept of ‘personal data’ — Articles 6 and 7 — Principles relating to data quality and criteria for making data processing legitimate — Article 17 — Security of processing — Working time — Record of working time — Access by the national authority responsible for monitoring working conditions — Employer’s obligation to make available the record of working time so as to allow its immediate consultation)

37

2013/C 225/64

Case C-345/12: Judgment of the Court (Tenth Chamber) of 13 June 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Article 7(1) and (2), Article 9, Article 10 and Article 15(1) — Incorrect transposition — Failure to transpose within the prescribed period — Directive 2010/31/EU — Article 29)

38

2013/C 225/65

Case C-168/13 PPU: Judgment of the Court (Second Chamber) of 30 May 2013 (request for a preliminary ruling from the Conseil constitutionnel — France) — Jeremy F v Premier ministre (Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Articles 27(4) and 28(3)(c) — European arrest warrant and surrender procedures between Member States — Speciality rule — Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State — Decision of the judicial authority of the executing Member State to give consent — Appeal with suspensive effect — Whether permitted)

38

2013/C 225/66

Case C-229/10: Order of the Court (Second Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal Cível da Comarca do Porto — Portugal) — Maria Alice Pendão Lapa Costa Ferreira, Alexandra Pendão Lapa Ferreira v Companhia de Seguros Tranquilidade SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Civil liability of the insured person — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation)

39

2013/C 225/67

Case C-242/11 P: Order of the Court (Eighth Chamber) of 16 May 2013 — Caixa Geral de Depósitos, SA v European Commission, Portuguese Republic (Appeal — Articles 149 and 181 of the Rules of Procedure of the Court of Justice — European Regional Development Fund (ERDF) — Global grant for local development in Portugal — Reduction of financial assistance — No need to adjudicate — Manifest inadmissibility)

39

2013/C 225/68

Case C-362/11: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal Judicial de Santa Maria da Feira (Portugal)) — Serafim Gomes Oliveira v Lusitânia — Companhia de Seguros, SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Limitation of the right to compensation)

40

2013/C 225/69

Case C-413/11: Order of the Court (Ninth Chamber) of 18 April 2013 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v Thomas Amend (Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union)

41

2013/C 225/70

Case C-486/11: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Jonathon Rodrigues Esteves v Companhia de Seguros Allianz Portugal SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2005/14/EC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation)

41

2013/C 225/71

Case C-564/11: Order of the Court (Tenth Chamber) of 16 May 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consulta Regionale Ordine Ingegneri della Lombardia and Others v Comune di Pavia (Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and technical and scientific consultancy for the purposes of drawing up the measures forming a municipal town and country planning programme — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator)

42

2013/C 225/72

Case C-584/11 P: Order of the Court (Fifth Chamber) of 7 May 2013 — Dow AgroSciences Ltd, Dow AgroSciences LLC, Dow AgroSciences SAS, Dow AgroSciences Export SAS, Dow Agrosciences BV, Dow AgroSciences Hungary kft, Dow AgroSciences Italia srl, Dow AgroSciences Polska sp. z o.o., Dow AgroSciences Iberica SA, Dow AgroSciences s.r.o., Dow AgroSciences Danmark A/S, Dow AgroSciences GmbH v European Commission (Appeal — Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Decision 1999/468/EC — Article 5)

42

2013/C 225/73

Case C-14/12 P: Order of the Court (Seventh Chamber) of 30 May 2013 — Sheilesh Shah, Akhil Shah v Three-N-Products Private Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Application for registration of the Community word mark AYUURI NATURAL — Opposition by the proprietor of the earlier Community word and figurative marks AYUR — Appeal manifestly inadmissible and manifestly unfounded)

43

2013/C 225/74

Case C-96/12: Order of the Court (Tenth Chamber) of 21 March 2013 (request for a preliminary ruling from the Tribunal da Relação de Guimarães — Portugal) — Domingos Freitas, Maria Adilia Monteiro Pinto v Companhia de Seguros Allianz Portugal SA (Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation)

43

2013/C 225/75

Case C-260/12 P: Order of the Court (Seventh Chamber) of 16 May 2013 — Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Suzuki Motor Corp. (Appeal — Community trade mark — Word mark Swift GTi — Opposition by the proprietor of national and international word marks GTI — Withdrawal of the opposition — Appeal which has become devoid of purpose — No need to adjudicate)

44

2013/C 225/76

Case C-268/12 P: Order of the Court (Eighth Chamber) of 8 May 2013 — Cadila Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Novartis AG (Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ZYDUS — Opposition by the proprietor of the Community trade mark ZIMBUS — Partial refusal of registration by the Board of Appeal of OHIM)

44

2013/C 225/77

Case C-294/12 P: Order of the Court (Seventh Chamber) of 14 May 2013 — You Q BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Apple Corps Ltd (Appeals — Community trade mark — Figurative mark containing the word element ‘BEATLE’ — Opposition by the proprietor of the Community and national word and figurative marks containing the word elements ‘BEATLES’ and ‘THE BEATLES’ — Refusal of registration by the Board of Appeal — Article 8(5) of Regulation (EC) No 40/94)

45

2013/C 225/78

Case C-324/12: Order of the Court (Third Chamber) of 21 March 2013 (request for a preliminary ruling from the Handelsgericht Wien — Austria) — Novontech-Zala kft v LOGICDATA Electronic & Software Entwicklungs GmbH (Article 99 of the Rules of Procedure — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Opposition lodged out of time — Article 20 — Review in exceptional cases — No ‘extraordinary’ or ‘exceptional’ circumstances)

45

2013/C 225/79

Case C-341/12 P: Order of the Court (Tenth Chamber) of 21 March 2013 — Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Figurative mark including the letter ‘G’ and the two symbols of gender — Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ — Refusal of registration by the Board of Appeal)

46

2013/C 225/80

Case C-346/12 P: Order of the Court (Seventh Chamber) of 13 June 2013 — DMK Deutsches Milchkontor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Lactimilk SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark MILRAM — Opposition by the proprietor of the earlier national word and figurative marks RAM)

46

2013/C 225/81

Case C-352/12: Order of the Court of 20 June 2013 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per l'Abruzzo (Italy)) — Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo and Comune di Barisciano (Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Support activities relating to the drawing up of a reconstruction plan for certain parts of the territory of a municipality damaged by an earthquake — Contract concluded between two public entities, one a university — Public entity likely to be classified as an economic operator — Extraordinary circumstances)

47

2013/C 225/82

Case C-354/12 P: Order of the Court (Tenth Chamber) of 11 April 2013 — Asa sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal)

47

2013/C 225/83

Case C-357/12 P: Order of the Court (Seventh Chamber) of 30 May 2013 — Harald Wohlfahrt v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Ferrero SpA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and 43(2) — Word sign ‘Kindertraum’ — Opposition of the proprietor of the earlier national word mark Kinder)

48

2013/C 225/84

Case C-368/12: Order of the Court (Ninth Chamber) of 18 April 2013 (request for a preliminary ruling from the Cour administrative d’appel de Nantes — France) — Adiamix v Ministre de l’Économie et des Finances (Article 53(2) of the Rules of Procedure — Reference for a preliminary ruling — State aid — Commission Decision declaring an aid scheme incompatible with the common market — Recovery of aid — Assessment of the validity of an EU act — Lack of information on the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility)

48

2013/C 225/85

Case C-379/12 P: Order of the Court (Sixth Chamber) of 16 May 2013 — Arav Holding Srl v H.Eich Srl, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark H.EICH — Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH — Refusal of registration)

48

2013/C 225/86

Case C-381/12 P: Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA (Appeal — Community trade mark — Community mark B. Antonio Basile 1952 — Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion)

49

2013/C 225/87

Case C-393/12 P: Order of the Court (Sixth Chamber) of 21 March 2013 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed)

49

2013/C 225/88

Case C-397/12 P: Order of the Court (Sixth Chamber) of 6 June 2013 — Transports Schiocchet — Excursions SARL v Council of the European Union, European Commission (Appeal — Article 181 of the Rules of Procedure of the Court — Appeal manifestly unfounded and manifestly inadmissible — No failure to state reasons — Imprecise ground of appeal — Ground of appeal seeking reconsideration of the application at first instance)

50

2013/C 225/89

Case C-415/12: Order of the Court (Ninth Chamber) of 13 June 2013 (request for a preliminary ruling from the Arbeitsgericht Nienburg — Germany) — Bianca Brandes v Land Niedersachsen (Social policy — Directive 2003/88/EC — Entitlement to paid annual leave — Framework agreement on part-time work — Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period — Move of that worker to a scheme of part-time work — National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week)

50

2013/C 225/90

Case C-418/12 P: Order of the Court (Ninth Chamber) of 7 May 2013 — TME SpA — Termomeccanica Ecologia v European Commission (Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania)

51

2013/C 225/91

Case C-436/12 P: Order of the Court (Fifth Chamber) of 13 June 2013 — Veolia Acqua Compagnia Generale delle Acque srl, in liquidation v European Commission, Italian Republic (Appeal — State aid — Aid to undertakings established in the territory of Venice and Chioggia)

51

2013/C 225/92

Case C-468/12: Order of the Court (Tenth Chamber) of 20 June 2013 (request for a preliminary ruling from the Tribunale di Cosenza — Italy) — CCIAA di Cosenza v Ciesse srl (Request for a preliminary ruling — Rules of Procedure — Articles 53(2), 93(a), and 99 — Directive 200817/EC — Indirect taxes on the raising of capital — Article 5(1)(c) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture)

52

2013/C 225/93

Case C-542/12: Order of the Court (Ninth Chamber) of 8 May 2013 — (reference for a preliminary ruling from the Tribunale di Pordenone — Italy) — Criminal proceedings against Fidenato Giorgio (Article 99 of the Rules of Procedure — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms (GMOs) entered in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the accidental presence of genetically modified organisms)

52

2013/C 225/94

Case C-566/12 P: Appeal brought on 29 November 2012 by Erusalim Baleanu against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-311/12: Baleanu v Commission

53

2013/C 225/95

Case C-567/12 P: Appeal brought on 29 November 2012 by Adrian Barliba against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-312/12: Barliba v Commission

53

2013/C 225/96

Case C-568/12 P: Appeal brought on 29 November 2012 by Doru Cristian Ioanovici against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-313/12: Ioanovici v Commission

53

2013/C 225/97

Case C-569/12 P: Appeal brought on 29 November 2012 by Emil Micsunescu against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-314/12: Micsunescu v Commission

53

2013/C 225/98

Case C-570/12 P: Appeal brought on 29 November 2012 by Alexandru Octavian Concal against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-320/12: Concal v Commission

53

2013/C 225/99

Case C-14/13: Order of the Court (Eighth Chamber) of 6 June 2013 (request for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Gena Ivanova Cholakova v Osmo Rayonno Upravlienie pri Stolichna direktsia na vatreshnite raboti (Request for a preliminary ruling — Articles 21(1) TFEU, 67 TFEU and 72 TFEU — Charter of Fundamental Rights of the European Union — National rules permitting a person to be detained in order to establish his identity — Lack of connection with European Union law — Clear lack of jurisdiction of the Court)

54

2013/C 225/00

Case C-73/13: Order of the Court (Tenth Chamber) of 8 May 2013 (request for a preliminary ruling from the Tribunale di Tivoli (Italy)) — T (Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court)

54

2013/C 225/01

Case C-106/13: Order of the Court (Tenth Chamber) of 30 May 2013 (request for a preliminary ruling from the Tribunale di Tivoli — Italy) — Francesco Fierro, Fabiana Marmorale v Edoardo Ronchi, Cosimo Scocozza (Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of European Union law — None — Clear lack of jurisdiction of the Court)

54

2013/C 225/02

Case C-444/12: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 3 October 2012 — Hardimpex Kft (in liquidation) v Nemzeti Adó- és Vámhivatal Kiemelt Ügyek és Adózók Adó Főigazgatósága

55

2013/C 225/03

Case C-465/12 P: Appeal brought on 18 October 2012 by Plamen Simov against the order of the General Court delivered on 13 September 2012 in Case T-271/12 Plamen Simov v European Commission and Republic of Bulgaria

55

2013/C 225/04

Case C-471/12 P: Appeal brought on 17 September 2012 by Holding kompanija Interspeed a.d. against the judgment delivered on 10 July 2012 in Case T-587/10 Holding kompanija Interspeed a.d. v Commission

55

2013/C 225/05

Case C-535/12 P: Appeal brought on 23 November 2012 by Rafael Faet Oltra against the order of the General Court (Seventh Chamber) delivered on 20 September 2012 in Case T-294/12 Rafael Faet Oltra v European Ombudsman

56

2013/C 225/06

Joined Cases C-436/11 and C-437/11: Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Sandra Schüsslbauer, Martin Schüsslbauer, Maximilian Schüsslbauer (C-436/11), Ekkerhard Schauβ (C-437/11) v Iberia Líneas Aéreas de España SA (C-436/11), Transportes Aéreos Portugueses SA (C-437/11)

56

2013/C 225/07

Case C-594/11: Order of the President of the Court of 24 April 2013 — Christoph Becker v Société Air France SA

56

2013/C 225/08

Case C-29/12: Order of the President of the Ninth Chamber of the Court of 12 June 2013 — European Commission v Federal Republic of Germany

56

2013/C 225/09

Case C-76/12: Order of the President of the Tenth Chamber of the Court of 7 May 2013 — European Commission v French Republic

56

2013/C 225/10

Case C-126/12: Order of the President of the Ninth Chamber of the Court of 23 April 2013 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Edgar Brück v Agentur für Arbeit Villingen-Schwenningen — Familienkasse

56

2013/C 225/11

Case C-146/12: Order of the President of the Court of 7 May 2013 — European Commission v Federal Republic of Germany supported by the Slovak Republic

56

2013/C 225/12

Case C-212/12: Order of the President of the Court of 7 May 2013 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Helmut Butz, Christel Bachmann-Butz, Frederike Butz v Société Air France SA

57

2013/C 225/13

Case C-213/12: Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Fernando Casimiro dos Santos Ferreira, Maria do Carmo Ferreira dos Santos, Rosa Fernanda Santos Ferreira v Companhia de Seguros Allianz Portugal S.A.

57

2013/C 225/14

Case C-227/12: Order of the President of the Fifth Chamber of the Court of 23 April 2013 (request for a preliminary ruling from the Rechtbank Amsterdam — Netherlands) — Koninklijke Luchtvaart Maatschappij NV, TUI Airlines Nederland BV, trading under the name ArkeFly v Staatssecretaris van Infrastructuur en Milieu

57

2013/C 225/15

Case C-253/12: Order of the President of the First Chamber of the Court of 27 March 2013 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — JS v Česká správa sociálního zabezpečení (The Czech social security administration)

57

2013/C 225/16

Case C-308/12: Order of the President of the Court of 25 June 2013 — European Commission v Republic of Poland

57

2013/C 225/17

Case C-330/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Poland

57

2013/C 225/18

Case C-331/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Poland

57

2013/C 225/19

Case C-392/12: Order of the President of the Court of 20 March 2013 — Fruit of the Loom, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Blueshore Management SA

58

2013/C 225/20

Case C-406/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Slovenia

58

2013/C 225/21

Case C-407/12: Order of the President of the Court of 27 March 2013 — European Commission v Republic of Slovenia

58

2013/C 225/22

Case C-416/12: Order of the President of the Court of 22 May 2013 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Wikom Deutsche Telekabel GmbH previously Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH

58

2013/C 225/23

Case C-432/12 P: Order of the President of the Court of 25 June 2013 — Leifheit AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Vermop Salmon GmbH

58

2013/C 225/24

Case C-496/12: Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from Krajský súd v Prešove — Slovakia) — Spoločenstvo vlastníkov bytov MYJAVA v Podtatranská vodárenská prevádzková spoločnosť, a.s.

58

2013/C 225/25

Case C-513/12: Order of the President of the Court of 25 March 2013 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Aslihan Nazli Ayalti v Federal Republic of Germany

58

2013/C 225/26

Case C-538/12: Order of the President of the Court of 7 May 2013 — European Commission v Republic of Slovenia

58

2013/C 225/27

Case C-545/12: Order of the President of the Court of 22 May 2013 — European Commission v Republic of Cyprus

59

2013/C 225/28

Case C-572/12: Order of the President of the Court of 7 May 2013 — European Commission v Kingdom of the Netherlands

59

2013/C 225/29

Case C-585/12: Order of the President of the Court of 11 April 2013 — Shell Petroleum NV, The Shell Transport and Trading Company Ltd, Shell Nederland Verkoopmaatschappij BV v European Commission

59

2013/C 225/30

Case C-618/12: Order of the President of the Court of 25 March 2013 (request for a preliminary ruling from the Cour administrative d’appel de Paris — France) — Société Reggiani SpA Illuminazione v Ministre de l’Économie et des Finances

59

2013/C 225/31

Case C-68/13: Order of the President of the Court of 28 May 2013 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Markus Weiss v Condor Flugdienst GmbH

59

2013/C 225/32

Case C-158/13: Order of the President of the Court of 25 June 2013 (request for a preliminary ruling from the Rechtbank Den Haag — Netherlands) — Hamidullah Rajaby v Staatssecretaris van Veiligheid en Justitie

59

General Court

2013/C 225/33

Case T-267/07: Judgment of the General Court of 7 June 2013 — Italy v Commission (EAGGF — Guarantee Section — Clearance of accounts — Expenditure excluded from financing — Excessive delay in the assessment by the Commission of the communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Article 32(5) of Regulation (EC) No 1290/2005 — Obligation to state reasons — Reasonable time)

60

2013/C 225/34

Case T-404/08: Judgment of the General Court of 18 June 2013 — Fluorsid and Minmet v Commission (Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Action for annulment — Period allowed for commencing proceedings — Out of time — Inadmissibility — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Definition of the relevant market — Fines — Gravity of the infringement — 2006 Guidelines on fines)

60

2013/C 225/35

Case T-405/08: Judgment of the General Court of 7 June 2013 — Spar Österreichische Warenhandels v Commission (Competition — Concentrations — Markets for everyday consumer goods — Decision declaring the concentration compatible with the internal market — Commitments — Manifest error of assessment — Right to be heard — Duty to state reasons)

61

2013/C 225/36

Case T-406/08: Judgment of the General Court of 18 June 2013 — ICF v Commission (Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Consistency between the statement of objections and the contested decision — Fines — 2006 Guidelines on fines — Euro-Mediterranean Agreement)

61

2013/C 225/37

Case T-280/09: Judgment of the General Court of 30 May 2013 — Morte Navarro v Parliament (Petition addressed to the European Parliament — Decision to take no further action on the petition — Action for annulment — Act adversely affecting an official — Admissibility — Obligation to state reasons — Petition not falling within an area of activity of the European Union)

61

2013/C 225/38

Case T-509/09: Judgment of the General Court of 18 June 2013 — Portugal v Commission (Fisheries — Financial contribution for the implementation of control and surveillance systems — Decision not to reimburse expenditure incurred for the purchase of two Ocean Patrol Vessels (OPV) — Article 296 EC — Directive 93/36/EEC — Legitimate expectations — Obligation to state reasons)

62

2013/C 225/39

Case T-214/10: Judgment of the General Court of 30 May 2013 — Moselland v OHIM — Renta Siete (DIVINUS) (Community trade mark — Opposition proceedings — Application for Community word mark DIVINUS — Earlier national figurative mark MOSELLAND Divinum — Existence, validity and extent of the protection of the earlier right — Proof)

62

2013/C 225/40

Case T-218/10: Judgment of the General Court of 30 May 2013 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT) (Community trade mark — Opposition proceedings — Application for Community figurative mark SERVICEPOINT — Earlier Community marks ServicePoint and earlier national marks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009)

63

2013/C 225/41

Case T-384/10: Judgment of the General Court of 29 May 2013 — Spain v Commission (Cohesion fund — Regulation (EC) No 1164/94 — Projects concerning water supply to settlements in the Guadiana river basin in the Andévalo area, drainage and water treatment in the Guadalquivir river basin and water supply to multi-municipal systems in the provinces of Granada and Málaga — Partial withdrawal of financial assistance — Public works and services contracts — ‘Work’ — Split of the procurement — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality)

63

2013/C 225/42

Joined Cases T-431/10 and T-560/10: Judgment of the General Court of 4 June 2013 — Nencini v Parliament (Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament — Travel and parliamentary assistance expenses — Recovery of undue payments — Limitation period — Reasonable period — Rights of the defence — Principle of audi alteram partem — Proportionality)

64

2013/C 225/43

Joined Cases T-454/10 and T-482/11: Judgment of the General Court of 30 May 2013 — Anicav and Others v Commission (Agriculture — Common organisation of the markets — Aid in the fruit and vegetable sector — Actions for annulment — Whether directly concerned — Admissibility — Processed fruit and vegetables — Operational funds and operational programmes — Funding of ‘(non-)genuine processing activities’)

64

2013/C 225/44

Case T-2/11: Judgment of the General Court of 7 June 2013 — Portugal v Commission (EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred in connection with the POSEI measure (financial years 2005, 2006 and 2007))

65

2013/C 225/45

Case T-65/11: Judgment of the General Court of 5 June 2013 — Recombined Dairy System v Commission (Customs union — Import of lactoglobulin concentrates from New Zealand — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92)

66

2013/C 225/46

Case T-68/11: Judgment of the General Court of 6 June 2013 — Kastenholz v OHIM — Qwatchme (Watch dials) (Community design — Invalidity proceedings — Community design representing watch dials — Earlier unregistered designs — Ground for invalidity — Novelty — Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 — Individual character — Different overall impression — Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 — Earlier copyright — Article 25(1)(f) of Regulation No 6/2002)

66

2013/C 225/47

Case T-74/11: Judgment of the General Court of 30 May 2013 — Omnis Group v Commission (Competition — Abuse of dominant position — Market for the provision of Enterprise Resource Planning software (ERP) and Enterprise Application Software (EAS) — Decision rejecting a complaint — No European Union interest)

66

2013/C 225/48

Case T-93/11: Judgment of the General Court of 7 June 2013 — Stichting Corporate Europe Observatory v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement — Refusal of access — Exception relating to the protection of the public interest in the field of international relations — Documents which have entered the public domain — Non-imposition of a restriction on disclosure of documents)

67

2013/C 225/49

Case T-178/11: Judgment of the General Court of 28 May 2013 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional shape of a bottle) (Community trade mark — Cancellation proceedings — Three-dimensional Community trade mark depicting the shape of a bottle — Absolute grounds for refusal)

67

2013/C 225/50

Case T-187/11: Judgment of the General Court of (Third Chamber) of 28 May 2013 — Trabelsi and Others v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Article 17(1) of the Charter of Fundamental Rights of the European Union — Action for damages — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility)

68

2013/C 225/51

Case T-188/11: Judgment of the General Court of 28 May 2013 — Chiboub v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis)

68

2013/C 225/52

Case T-200/11: Judgment of the General Court of 28 May 2013 — Al Matri v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis)

69

2013/C 225/53

Case T-219/11: Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (AGIPA) (Community trade mark — Opposition proceedings — Application for the Community word mark AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)

69

2013/C 225/54

Case T-248/11: Judgment of the General Court of 27 June 2013 — International Engine Intellectual Property Company v OHIM (PURE POWER) (Community trade mark — Application for the Community word mark PURE POWER — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

70

2013/C 225/55

Case T-279/11: Judgment of the General Court of 6 June 2013 — T&L Sugars and Sidul Açúcares v Commission (Agriculture — Exceptional measures concerning the release of out-of-quota sugar on the Union market and opening a tariff quota — Action for annulment — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility — Action for damages)

70

2013/C 225/56

Case T-396/11: Judgment of the General Court of 30 May 2013 — ultra air v OHIM — Donaldson Filtration Deutschland (ultrafilter international) (Community trade mark — Invalidity proceedings — Community word mark ultrafilter international — Absolute ground for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 — Abuse of rights)

71

2013/C 225/57

Case T-505/11: Judgment of the General Court of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

71

2013/C 225/58

Case T-514/11: Judgment of the General Court of 4 June 2013 — i-content v OHIM — Decathlon (BETWIN) (Community trade mark — Opposition proceedings — Application for Community word mark BETWIN — Earlier Community figurative mark b’Twin — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

72

2013/C 225/59

Case T-515/11: Judgment of the General Court of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD) (Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)

72

2013/C 225/60

Case T-522/11: Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA) (Community trade mark — Opposition proceedings — Application for the Community word mark APLI-AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)

73

2013/C 225/61

Case T-580/11: Judgment of the General Court of 6 June 2013 — McNeil v OHIM — Alkalon (NICORONO) (Community trade mark — Opposition proceedings — Application for the Community word mark NICORONO — Earlier Community word mark NICORETTE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

73

2013/C 225/62

Case T-598/11: Judgment of the General Court of 12 June 2013 — MPDV Mikrolab v OHIM (Lean Performance Index) (Community Trade mark — Application for Community word mark Lean Performance Index — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

73

2013/C 225/63

Case T-608/11: Judgment of the General Court of 27 June 2013 — Beifa Group v OHIM — Schwan-Stabilo Schwanhäußer (Instrument for writing) (Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative and three-dimensional trade marks — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Decision taken following the annulment by the General Court of an earlier decision)

74

2013/C 225/64

Case T-636/11: Judgment of the General Court of 13 June 2013 — Hostel drap v OHIM — Aznar Textil (MY drap) (Community trade mark — Opposition proceedings — Application for Community figurative mark MY drap — Earlier Community figurative mark BON DRAP — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

74

2013/C 225/65

Case T-645/11 P: Judgment of the General Court of 18 June 2013 — Heath v ECB (Appeal — Civil Service Tribunal — Employees of the ECB — Pensions — Annual increase — Rate of increase for 2010 — Retroactivity — Right to collective bargaining)

74

2013/C 225/66

Case T-668/11: Judgment of the General Court of 6 June 2013 — VIP Car Solutions v Parliament (Non-contractual liability — Public service contracts — Community procurement procedure — Transport of Members of the European Parliament in chauffeur-driven cars and minibuses during sessions at Strasbourg — Rejection of the bid of a tenderer — Annulment by the General Court of the rejection decision — Loss allegedly suffered following the decision rejecting the applicant’s bid — Action for damages)

75

2013/C 225/67

Case T-89/12: Judgment of the General Court of 27 June 2013 — Repsol YPF v OHIM — Ajuntament de Roses (R) (Community trade mark — Opposition proceedings — Application for Community figurative mark R — Earlier national figurative mark R — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

75

2013/C 225/68

Case T-115/12: Judgment of the General Court of 30 May 2013 — Buzil-Werk Wagner v OHIM — Roca Sanitario (Roca) (Community trade mark — Opposition proceedings — Application for Community word mark Roca — Earlier national figurative mark ROCA and earlier international figurative mark Roca — Relative ground for refusal — Similarity of the goods — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

75

2013/C 225/69

Case T-126/12: Judgment of the General Court of 6 June 2013 — Interroll v OHIM (Inspired by efficiency) (Community trade mark — Application for Community word mark Inspired by efficiency — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009)

76

2013/C 225/70

Case T-128/12: Judgment of the General Court of 12 June 2013 — HTTS v Council (Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment)

76

2013/C 225/71

Case T-172/12: Judgment of the General Court of 30 May 2013 — Brauerei Beck v OHIM — Aldi (Be Light) (Community trade mark — Opposition proceedings — Application for Community figurative mark Be Light — Earlier Community mark BECK’s — relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009)

77

2013/C 225/72

Case T-367/12: Judgment of the General Court of 27 June 2013 — MOL v OHIM — Banco Bilbao Vizcaya Argentaria (MOL Blue Card) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark MOL Blue Card — Earlier Community word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

77

2013/C 225/73

Case T-411/12: Judgment of the General Court of 6 June 2013 — Celtipharm v OHIM — Alliance Healthcare France (PHARMASTREET) (Community trade mark — Opposition proceedings — Application for Community word mark PHARMASTREET — Earlier national word mark PHARMASEE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

78

2013/C 225/74

Case T-322/09: Order of the General Court of 15 May 2013 — Al-Faqih and MIRA v Council and Commission (Common foreign and security policy — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Freezing of funds — Withdrawal from the list of persons concerned — No need to adjudicate)

78

2013/C 225/75

Case T-69/12: Order of the General Court of 17 June 2013 — Zavvar v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal of the persons concerned from the list — No need to adjudicate)

79

2013/C 225/76

Case T-70/12: Order of the General Court of 17 June 2013 — Divandari v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of inadmissibility — Lis pendens — Plea of illegality — Removal of the persons concerned from the list — No need to adjudicate)

79

2013/C 225/77

Case T-71/12: Order of the General Court of 17 June 2013 — Meskarian v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal of the persons concerned from the list — No need to adjudicate)

80

2013/C 225/78

Case T-213/12: Order of the General Court of 4 June 2013 — Elitaliana v Eulex Kosovo (Action for annulment — Public service contracts — Public procurement procedure — Helicopter support to the EULEX Kosovo mission — Rejection of the bid of a tenderer — No legal capacity to be a defendant — Inadmissibility)

80

2013/C 225/79

Case T-398/12: Order of the General Court of 4 June 2013 — Cosma Moden v OHMI — s.Oliver Bernd Freier (COSMA) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)

81

2013/C 225/80

Case T-399/12: Order of the General Court of 4 June 2013 — Cosma Moden v OHMI — s.Oliver Bernd Freier (COSMA) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)

81

2013/C 225/81

Case T-413/12: Order of the General Court of 15 May 2013 — Post Invest Europe Sàrl v European Commission (Action for annulment — State aid — Aid granted by the Belgian authorities to De Post-La Poste (now bpost) — Compensation for public service costs — Decision declaring the aid in part incompatible with the internal market and ordering its recovery — Lack of interest in bringing proceedings — Inadmissibility — Offers of further evidence)

81

2013/C 225/82

Case T-165/13 R: Order of the President of the General Court of 8 May 2013 — Talanton v Commission (Interim relief — Arbitration clause — Contracts entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Repayment of sums paid — Application for stay of execution — No urgency)

82

2013/C 225/83

Case T-201/13 R: Order of the President of the General Court of 5 June 2013 — Rubinum v Commission (Interim relief — Authorisation of feed additives — Regulation on the suspension of the authorisations of the preparation of Bacillus cereus var. toyoi — Application for suspension of operation of a measure — Urgency — Weighing up of interests)

82

2013/C 225/84

Case T-55/09: Order of the General Court of 4 June 2013 — Daniel Swarovski v OHIM — Swarovski (Dabiel Swarovski Privat)

82

2013/C 225/85

Case T-277/09: Order of the General Court of 10 June 2013 — Trasys v Commission

82

2013/C 225/86

Case T-45/11: Order of the General Court of 27 May 2013 — Italy v Commission

83

2013/C 225/87

Case T-94/11: Order of the General Court of 13 June 2013 — AU Optronics v Commission

83

2013/C 225/88

Case T-407/11: Order of the General Court of 14 June 2013 — SRF v Council

83

2013/C 225/89

Case T-459/11: Order of the General Court of 10 June 2013 — Barloworld v Commission

83

2013/C 225/90

Case T-550/12: Order of the General Court of 3 June 2013 — bachmaier v OHIM — (oto-soft)

83

2013/C 225/91

Case T-13/13: Order of the General Court of 14 June 2013 — MasterCard International v OHIM — Nehra (surfpin)

83

European Union Civil Service Tribunal

2013/C 225/92

Case F-56/11: Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — Lebedef v Commission (Civil service — Officials — Disciplinary proceedings — Disciplinary measure — Downgrading)

84

2013/C 225/93

Case F-86/11: Judgment of the Civil Service Tribunal (First Chamber) of 7 May 2013 — McCoy v Committee of the Regions (Civil Service — Officials — Invalidity pension — Article 78(5) of the Staff Regulations — Refusal to recognise that invalidity arose from an occupational disease)

84

2013/C 225/94

Case F-88/11: Judgment of the Civil Service Tribunal (First Chamber) of 24 April 2013 — BX v Commission (Civil service — Open competition — Competition EPSO/AD/148/09 — Failure to include the applicant in the reserve list)

84

2013/C 225/95

Case F-116/11: Judgment of the Civil Service Tribunal (Second Chamber) of 26 June 2013 — Vacca v Commission (Civil service — Open competition — Competition notice EPSO/AD/207/11 — Non-admission to the assessment tests — Admission tests — Cancellation of questions — Information for candidates)

85

2013/C 225/96

Case F-44/11: Order of the Civil Service Tribunal (Second Chamber) of 28 June 2013 — Marcuccio v Commission (Civil service — Article 34(1) and (6) of the Rules of Procedure — Application lodged by fax within the period for bringing proceedings, extended on account of distance by a period of ten days — Application received by post within the following ten days — Applications not the same — Action out of time)

85

2013/C 225/97

Case F-67/11: Order of the Civil Service Tribunal (First Chamber) of 28 May 2013 — Marcuccio v Commission (Civil service — Officials — Annulment of the Commission’s decision — Compliance with the judgment of the Tribunal — Damage arising as a result of non-compliance — Conditions — Action manifestly lacking any basis in law)

85

2013/C 225/98

Case F-1/12: Order of the Civil Service Tribunal (First Chamber) of 15 April 2013 — Andersen v Court of Auditors (Civil service — Officials — Retirement on grounds of invalidity — Article 78 of the Staff Regulations — Action in part manifestly inadmissible and in part manifestly unfounded)

86

2013/C 225/99

Case F-4/12: Order of the Civil Service Tribunal (First Chamber) of 14 May 2013 — Marcuccio v Commission (Civil service — Article 34(1) and (6) of the Rules of Procedure — Application lodged by fax within the period prescribed for bringing proceedings — Lawyer’s hand-written signature different from that on the original application received by post — Application lodged out of time — Manifest inadmissibility — None)

86

2013/C 225/00

Case F-54/12: Order of the Civil Service Tribunal of 14 June 2013 — Carosi v Commission

86

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