# Official Journal C 301/27 A

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 301 |
| | |
| English edition | Information and Notices | Volume 6127 August 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 301

English edition

Information and Notices

Volume 6127 August 2018

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2018/C 301/01 | Last publications of the Court of Justice of the European Union in the Official Journal of the European Union | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2018/C 301/01

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2018/C 301/02 | Case C-390/16: Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Szombathelyi Törvényszék — Hungary) — Criminal proceedings against Dániel Bertold Lada (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition — Article 82(1) TFEU) | 2 |
| 2018/C 301/03 | Case C-544/16: Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Marcandi Ltd, trading as ‘Madbid’ v Commissioners for Her Majesty’s Revenue and Customs (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Issuing of ‘credits’ that can be used to place bids in online auctions — Supply of services for consideration — Preliminary transaction — Article 73 — Taxable amount) | 3 |
| 2018/C 301/04 | Case C-626/16: Judgment of the Court (Fourth Chamber) of 4 July 2018 — European Commission v Slovak Republic (Failure of a Member State to fulfil obligations — Environment — Landfill of waste — Directive 1999/31/EC — Existing landfill sites — Article 14 — Definite decision on whether or not operations may continue — Article 13 — Closure procedures — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum) | 4 |
| 2018/C 301/05 | Case C-27/17: Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Lietuvos apeliacinis teismas — Lithuania) — AB ‘flyLAL-Lithuanian Airlines’, in liquidation v ‘Starptautiskā lidosta “Rīga”’ VAS, ‘Air Baltic Corporation’ AS (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Place where the harmful event occurred — Place where the damage occurred and place of the event giving rise to the damage — Claim for compensation for damage allegedly caused by anticompetitive conduct committed in various Member States — Article 5(5) — Operations of a branch — Meaning) | 4 |
| 2018/C 301/06 | Case C-28/17: Judgment of the Court (First Chamber) of 4 July 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — NN A/S v Skatteministeriet (Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — National tax legislation making the transfer of the losses sustained by a permanent establishment, situated on national territory, of a company established in another Member State, to a resident company belonging to the same group, subject to a condition as to the impossibility of using such losses for the purpose of a foreign tax) | 5 |
| 2018/C 301/07 | Case C-43/17 P: Judgment of the Court (First Chamber) of 5 July 2018 — Liam Jenkinson v European External Action Service, Council of the European Union, European Commission, Eulex Kosovo (Appeal — Arbitration clause — Staff of international missions of the European Union — Jurisdiction to rule on disputes concerning employment contracts — Consecutive fixed-term contracts — Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts — Decision not to renew the final contract — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Claims for compensation for unfair dismissal — Contractual relationships prior to the final contract to be taken into account — Jurisdiction of the General Court of the European Union) | 6 |
| 2018/C 301/08 | Case C-213/17: Judgment of the Court (Third Chamber) of 5 July 2018 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam — the Netherlands) — X v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Articles 17, 18, 23 and 24 — Prior international protection procedure ongoing in one Member State — New application in another Member State — Take back request not made within the prescribed periods — Surrender of the person concerned for criminal prosecution) | 7 |
| 2018/C 301/09 | Case C-217/17 P: Judgment of the Court (Ninth Chamber) of 5 July 2018 — Mast-Jägermeister SE v European Union Intellectual Property Office (EUIPO) (Appeal — Community design — Application for registration of designs representing beakers — Regulation (EC) No 6/2002 — Article 36(1)(c) — Graphic representation — Articles 45 and 46 — Attribution of a date of filing — Conditions — Regulation (EC) No 2245/2002 — Article 4(1)(e) and Article 10(1) and (2)) | 8 |
| 2018/C 301/10 | Case C-320/17: Judgment of the Court (Seventh Chamber) of 5 July 2018 (request for a preliminary ruling from the Conseil d’État — France) — Marle Participations SARL v Ministre de l’Économie et des Finances (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 2, 9 and 168 — Economic activity — Direct or indirect involvement of a holding company in the management of its subsidiaries — Letting of a building by a holding company to its subsidiary — Deduction of input tax — VAT paid by a holding company on expenditure incurred in acquiring shares in other companies) | 8 |
| 2018/C 301/11 | Case C-339/17: Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the Landgericht Köln — Germany) — Verein für lauteren Wettbewerb eV v Princesport GmbH (Reference for a preliminary ruling — Textile fibre names and related labelling and marking requirements — Regulation (EU) No 1007/2011 — Articles 7 and 9 — Pure textile products — Multi-fibre textile products — Labelling or marking methods) | 9 |
| 2018/C 301/12 | Case C-532/17: Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd (Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Definition of ‘operating air carrier’ — Lease of aircraft including crew ‘Wet lease’) | 10 |
| 2018/C 301/13 | Case C-325/17 P: Order of the Court (Ninth Chamber) of 26 June 2018 — Windrush Aka LLP v European Union Intellectual Property Office (EUIPO), Jerry Dammers (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark The Specials — Genuine use — Consent of the proprietor of the trade mark) | 11 |
| 2018/C 301/14 | Case C-24/18: Order of the Court (Seventh Chamber) of 31 May 2018 (request for a preliminary ruling from the Budapesti II. és III. Kerületi Bíróság — Hungary) — István Bán v KP 2000 kft., Edit Kovács (Reference for a preliminary ruling — Fundamental freedoms — Articles 49 and 63 TFEU — Purely internal situation — Insufficient information regarding the factual and legal context of the case in the main proceedings — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Manifest inadmissibility) | 11 |
| 2018/C 301/15 | Case C-130/18: Order of the Court (Eighth Chamber) of 27 June 2018 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — flightright GmbH v Eurowings GmbH (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Air transport — Regulation (EC) No 261/2004 — Article 5(1)(c) — Right to compensation in the event of flight cancellation — Re-routing not allowing a passenger to reach his final destination less than two hours after the scheduled time of arrival of the cancelled flight — Delay of between two and three hours) | 12 |
| 2018/C 301/16 | Case C-40/18 P: Appeal brought on 12 January 2018 by Acquafarm S.L. against the judgment of the General Court (Eighth Chamber) delivered on 16 November 2017 in Case T-458/16, Acquafarm v Commission | 12 |
| 2018/C 301/17 | Case C-170/18 P: Appeal brought on 2 March 2018 by CJ against the judgment of the General Court (First Chamber) delivered on 13 December 2017 in Case T-692/16: CJ v European Centre for Disease Prevention and Control (ECDC) | 13 |
| 2018/C 301/18 | Case C-297/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 2 May 2018 — Humbert Jörg Köfler and Others | 14 |
| 2018/C 301/19 | Case C-378/18: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 8 June 2018 — Landwirtschaftskammer Niedersachsen v Reinhard Westphal | 14 |
| 2018/C 301/20 | Case C-390/18: Request for a preliminary ruling from the Juge d’instruction du tribunal de grande instance de Paris (France) lodged on 13 June 2018 — Criminal proceedings against YA and AIRBNB Ireland UC — other parties: Hotelière Turenne SAS, Pour un hébergement et tourisme professionnel (AHTOP), Valhotel | 15 |
| 2018/C 301/21 | Case C-394/18: Request for a preliminary ruling from the Corte di appello di Napoli (Italy) lodged on 14 June 2018 — I.G.I. Srl v Maria Grazia Cicenia and Others | 15 |
| 2018/C 301/22 | Case C-395/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 14 June 2018 — Tim SpA — Direzione e coordinamento Vivendi SA v Consip SpA, Ministero dell’Economia e delle Finanze | 16 |
| 2018/C 301/23 | Case C-400/18: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 18 June 2018 — Infohos v Belgische Staat | 17 |
| 2018/C 301/24 | Case C-402/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 15 June 2018 — Tedeschi Srl, acting in its own behalf and as agent of a temporary association of undertakings, Consorzio Stabile Istant Service, acting in its own behalf and as principal of a temporary association of undertakings v C.M. Service Srl, Università degli Studi di Roma La Sapienza | 17 |
| 2018/C 301/25 | Case C-405/18: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 19 June 2018 — AURES Holdings, a.s. v Odvolací finanční ředitelství | 18 |
| 2018/C 301/26 | Case C-410/18: Request for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 22 June 2018 — Nicolas Aubriet v Ministre de l’Enseignement supérieur et de la Recherche | 19 |
| 2018/C 301/27 | Case C-416/18 P: Appeal brought on 26 June 2018 by Mykola Yanovych Azarov against the judgment of the General Court (Sixth Chamber) of 26 April 2018 in Case T-190/16, Mykola Yanovych Azarov v Council of the European Union | 19 |
| 2018/C 301/28 | Case C-421/18: Request for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 27 June 2018 — Ordre des avocats du barreau de Dinant v JN | 20 |
| 2018/C 301/29 | Case C-456/18 P: Appeal brought on 12 July 2018 by Hungary against the judgment of the General Court (Ninth Chamber) delivered on 25 April 2018 in Joined Cases T-554/15 and T-555/15, Hungary v European Commission | 21 |
| | General Court |
| 2018/C 301/30 | Case T-643/13: Judgment of the General Court of 11 July 2018 — Rogesa v Commission (Access to documents — Regulation (EC) No 1049/2001 — Scheme for greenhouse gas emission allowance trading — Request for access to information relating to the determination of the most efficient 10 % of the steel industry installations — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment — Observance of time-limits) | 23 |
| 2018/C 301/31 | Case T-185/15: Judgment of the General Court of 11 July 2018 — Buonotourist v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty) | 24 |
| 2018/C 301/32 | Case T-186/15: Judgment of the General Court of 11 July 2018 — CSTP Azienda delle Mobilità v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty) | 25 |
| 2018/C 301/33 | Case T-240/16: Judgment of the General Court of 11 July 2018 –Klyuyev v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the list — Legal basis — Manifest error of assessment — Rights of defence — Right to effective judicial protection — Right to property — Right to reputation — Plea of illegality) | 26 |
| 2018/C 301/34 | Case T-644/16: Judgment of the General Court of 11 July 2018 — ClientEarth v Commission (Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the compatibility with EU law of Investor-State Dispute Settlement and the Investment Court System in EU trade agreements — Partial refusal of access — Exception concerning the protection of the public interest as regards international relations — Exception concerning the protection of legal advice — Exception concerning the protection of the decision-making process — Overriding public interest) | 27 |
| 2018/C 301/35 | Case T-707/16: Judgment of the General Court of 11 July 2018 — Enoitalia SpA v EUIPO — La Rural Viñedos y Bodegas (ANTONIO RUBINI) (EU trade mark — Invalidity proceedings — EU word mark ANTONIO RUBINI — Earlier EU figurative mark RUTINI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 27 |
| 2018/C 301/36 | Case T-13/17: Judgment of the General Court of 11 July 2018 — Europa Terra Nostra v Parliament (Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation — Pre-financing amount fixed at 33 % of the maximum amount of the grant awarded — Obligation to provide a pre-financing bank guarantee — Financial Regulation — Rules for the application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Misuse of powers) | 28 |
| 2018/C 301/37 | Case T-16/17: Judgment of the General Court of 11 July 2018 — APF v Parliament (Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33 % of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Abuse of power) | 29 |
| 2018/C 301/38 | Case T-54/17: Judgment of the General Court of 11 July 2018 — CLF v Parliament (Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33 % of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment) | 29 |
| 2018/C 301/39 | Case T-57/17: Judgment of the General Court of 11 July 2018 — Pegasus v Parliament (Institutional law — European Parliament — Decision awarding a grant to a political foundation — Pre-financing set at 33 % of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment) | 30 |
| 2018/C 301/40 | Case T-694/17: Judgment of the General Court of 11 July 2018 — Link Entertainment v EUIPO — García-Sanjuan Machado (SAVORY DELICIOUS ARTISTS & EVENTS) (EU trade mark — Invalidity proceedings — EU figurative mark SAVORY DELICIOUS ARTISTS & EVENTS — Earlier EU word mark AVORY — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the services — Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009 (now Articles 8(1)(b) and 60(1)(a) of Regulation (EU) 2017/1001)) | 31 |
| 2018/C 301/41 | Case T-147/15: Order of the General Court of 28 June 2018 — Czech Republic v Commission (Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Application to be exempted from making available own resources — Letter from the Commission — Act not open to challenge — Inadmissibility) | 31 |
| 2018/C 301/42 | Case T-478/15: Order of the General Court of 28 June 2018 — Romania v Commission (Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility) | 32 |
| 2018/C 301/43 | Case T-452/17: Order of the General Court of 28 June 2018 — TL v EDPS (Actions for annulment — Protection of personal data — Public nature of the case-law of the General Court — Request for anonymisation and removal from the Internet of a judgment of the General Court — Act not open to challenge — Confirmatory act — No new and substantial facts — Manifest inadmissibility) | 33 |
| 2018/C 301/44 | Case T-476/17 R: Order of the President of the General Court of 22 June 2018 — Arysta LifeScience Netherlands v Commission (Application for interim measures — Plant protection products — Active substance diflubenzuron — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests) | 34 |
| 2018/C 301/45 | Case T-577/17: Order of the General Court of 2 July 2018 — thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission (Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility) | 34 |
| 2018/C 301/46 | Case T-719/17 R: Order of the President of the General Court of 22 June 2018 — FMC v Commission (Application for interim measures — Plant protection products — Implementing Regulation (EU) 2017/1496 — Non-renewal of approval of the active substance DPX KE 459 (flupyrsulfuron-methyl) — Application for suspension of operation — Lack of urgency — Balancing of interests) | 35 |
| 2018/C 301/47 | Case T-757/17: Order of the General Court of 26 June 2018 — Kerstens v Commission (Civil service — Officials — Disciplinary proceedings — Enforcement of a judgment delivered by the General Court on appeal — Withdrawal of the decision imposing a reprimand — Reopening of the disciplinary proceedings which led to the cancelled sanction — Claim for annulment — Act not adversely affecting an official — Claim for damages — Failure to follow the pre-litigation procedure — Manifest inadmissibility) | 36 |
| 2018/C 301/48 | Case T-784/17 RII: Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament (Application for interim measures — Public works contracts — Order granting suspension of operation of the decision of the European Parliament rejecting the applicant’s tender and awarding five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels — Application for variation — Article 159 of the Rules of Procedure — Inadmissibility) | 36 |
| 2018/C 301/49 | Case T-29/18: Order of the General Court of 4 July 2018 — Planet v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the contract ‘Technical Assistance to Ecowas for the implementation of the 10th EDF Transport Facilitation Project II (TFP II)’ — Implied refusal of access — Express decision adopted after the action had been brought — Withdrawal of the contested act — Action which has become devoid of purpose — No need to adjudicate) | 37 |
| 2018/C 301/50 | Case T-104/18 R: Order of the President of the General Court of 10 July 2018 — Fundación Tecnalia Research & Innovation v REA (Application for interim measures — Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency) | 38 |
| 2018/C 301/51 | Case T-244/18 R: Order of the President of the General Court of 10 July 2018 — Synergy Hellas v Commission (Application for interim measures — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency) | 38 |
| 2018/C 301/52 | Case T-299/18 R: Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament (Application for interim measures — Public works contracts — Application for suspension of operation of a measure — Waiting period — Abnormally low tender — Prima facie case — No urgency) | 39 |
| 2018/C 301/53 | Case T-352/18: Action brought on 5 June 2018 — Germann Avocats and XJ (*1) v Commission | 39 |
| 2018/C 301/54 | Case T-397/18: Action brought on 29 June 2018 — Hugo’s Hotel v EUIPO — H’ugo’s (Hugo’s Burger Bar) | 40 |
| 2018/C 301/55 | Case T-400/18: Action brought on 2 July 2018 — Landesbank Baden-Württemberg v SRB | 41 |
| 2018/C 301/56 | Case T-403/18: Action brought on 2 July 2018 — Pharmadom v EUIPO — Objectif Pharma (W S wellpharma shop) | 42 |
| 2018/C 301/57 | Case T-414/18: Action brought on 5 July 2018 — Hypo Vorarlberg Bank v SRB | 42 |
| 2018/C 301/58 | Case T-424/18: Action brought on 11 July 2018 — Puma v EUIPO — Carrefour (Representation of crossed lines) | 43 |
| 2018/C 301/59 | Case T-427/18: Action brought on 10 July 2018 — Geske v EUIPO (SATISFYERMEN) | 44 |
| 2018/C 301/60 | Case T-434/18: Action brought on 13 July 2018 — Vans v EUIPO (ULTRARANGE) | 45 |
| 2018/C 301/61 | Case T-447/18: Action brought on 18 July 2018 — TUIfly v Commission | 45 |
| 2018/C 301/62 | Case T-742/17: Order of the General Court of 3 July 2018 — Kim and Others v Council | 47 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2018/C 301/02

Case C-390/16: Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Szombathelyi Törvényszék — Hungary) — Criminal proceedings against Dániel Bertold Lada (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition — Article 82(1) TFEU)

2

2018/C 301/03

Case C-544/16: Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Marcandi Ltd, trading as ‘Madbid’ v Commissioners for Her Majesty’s Revenue and Customs (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Issuing of ‘credits’ that can be used to place bids in online auctions — Supply of services for consideration — Preliminary transaction — Article 73 — Taxable amount)

3

2018/C 301/04

Case C-626/16: Judgment of the Court (Fourth Chamber) of 4 July 2018 — European Commission v Slovak Republic (Failure of a Member State to fulfil obligations — Environment — Landfill of waste — Directive 1999/31/EC — Existing landfill sites — Article 14 — Definite decision on whether or not operations may continue — Article 13 — Closure procedures — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum)

4

2018/C 301/05

Case C-27/17: Judgment of the Court (Second Chamber) of 5 July 2018 (request for a preliminary ruling from the Lietuvos apeliacinis teismas — Lithuania) — AB ‘flyLAL-Lithuanian Airlines’, in liquidation v ‘Starptautiskā lidosta “Rīga”’ VAS, ‘Air Baltic Corporation’ AS (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Place where the harmful event occurred — Place where the damage occurred and place of the event giving rise to the damage — Claim for compensation for damage allegedly caused by anticompetitive conduct committed in various Member States — Article 5(5) — Operations of a branch — Meaning)

4

2018/C 301/06

Case C-28/17: Judgment of the Court (First Chamber) of 4 July 2018 (request for a preliminary ruling from the Østre Landsret — Denmark) — NN A/S v Skatteministeriet (Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — National tax legislation making the transfer of the losses sustained by a permanent establishment, situated on national territory, of a company established in another Member State, to a resident company belonging to the same group, subject to a condition as to the impossibility of using such losses for the purpose of a foreign tax)

5

2018/C 301/07

Case C-43/17 P: Judgment of the Court (First Chamber) of 5 July 2018 — Liam Jenkinson v European External Action Service, Council of the European Union, European Commission, Eulex Kosovo (Appeal — Arbitration clause — Staff of international missions of the European Union — Jurisdiction to rule on disputes concerning employment contracts — Consecutive fixed-term contracts — Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts — Decision not to renew the final contract — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Claims for compensation for unfair dismissal — Contractual relationships prior to the final contract to be taken into account — Jurisdiction of the General Court of the European Union)

6

2018/C 301/08

Case C-213/17: Judgment of the Court (Third Chamber) of 5 July 2018 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam — the Netherlands) — X v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Articles 17, 18, 23 and 24 — Prior international protection procedure ongoing in one Member State — New application in another Member State — Take back request not made within the prescribed periods — Surrender of the person concerned for criminal prosecution)

7

2018/C 301/09

Case C-217/17 P: Judgment of the Court (Ninth Chamber) of 5 July 2018 — Mast-Jägermeister SE v European Union Intellectual Property Office (EUIPO) (Appeal — Community design — Application for registration of designs representing beakers — Regulation (EC) No 6/2002 — Article 36(1)(c) — Graphic representation — Articles 45 and 46 — Attribution of a date of filing — Conditions — Regulation (EC) No 2245/2002 — Article 4(1)(e) and Article 10(1) and (2))

8

2018/C 301/10

Case C-320/17: Judgment of the Court (Seventh Chamber) of 5 July 2018 (request for a preliminary ruling from the Conseil d’État — France) — Marle Participations SARL v Ministre de l’Économie et des Finances (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 2, 9 and 168 — Economic activity — Direct or indirect involvement of a holding company in the management of its subsidiaries — Letting of a building by a holding company to its subsidiary — Deduction of input tax — VAT paid by a holding company on expenditure incurred in acquiring shares in other companies)

8

2018/C 301/11

Case C-339/17: Judgment of the Court (Fifth Chamber) of 5 July 2018 (request for a preliminary ruling from the Landgericht Köln — Germany) — Verein für lauteren Wettbewerb eV v Princesport GmbH (Reference for a preliminary ruling — Textile fibre names and related labelling and marking requirements — Regulation (EU) No 1007/2011 — Articles 7 and 9 — Pure textile products — Multi-fibre textile products — Labelling or marking methods)

9

2018/C 301/12

Case C-532/17: Judgment of the Court (Third Chamber) of 4 July 2018 (request for a preliminary ruling from the Landgericht Hamburg — Germany) — Wolfgang Wirth and Others v Thomson Airways Ltd (Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Definition of ‘operating air carrier’ — Lease of aircraft including crew ‘Wet lease’)

10

2018/C 301/13

Case C-325/17 P: Order of the Court (Ninth Chamber) of 26 June 2018 — Windrush Aka LLP v European Union Intellectual Property Office (EUIPO), Jerry Dammers (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark The Specials — Genuine use — Consent of the proprietor of the trade mark)

11

2018/C 301/14

Case C-24/18: Order of the Court (Seventh Chamber) of 31 May 2018 (request for a preliminary ruling from the Budapesti II. és III. Kerületi Bíróság — Hungary) — István Bán v KP 2000 kft., Edit Kovács (Reference for a preliminary ruling — Fundamental freedoms — Articles 49 and 63 TFEU — Purely internal situation — Insufficient information regarding the factual and legal context of the case in the main proceedings — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Manifest inadmissibility)

11

2018/C 301/15

Case C-130/18: Order of the Court (Eighth Chamber) of 27 June 2018 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — flightright GmbH v Eurowings GmbH (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Air transport — Regulation (EC) No 261/2004 — Article 5(1)(c) — Right to compensation in the event of flight cancellation — Re-routing not allowing a passenger to reach his final destination less than two hours after the scheduled time of arrival of the cancelled flight — Delay of between two and three hours)

12

2018/C 301/16

Case C-40/18 P: Appeal brought on 12 January 2018 by Acquafarm S.L. against the judgment of the General Court (Eighth Chamber) delivered on 16 November 2017 in Case T-458/16, Acquafarm v Commission

12

2018/C 301/17

Case C-170/18 P: Appeal brought on 2 March 2018 by CJ against the judgment of the General Court (First Chamber) delivered on 13 December 2017 in Case T-692/16: CJ v European Centre for Disease Prevention and Control (ECDC)

13

2018/C 301/18

Case C-297/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 2 May 2018 — Humbert Jörg Köfler and Others

14

2018/C 301/19

Case C-378/18: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 8 June 2018 — Landwirtschaftskammer Niedersachsen v Reinhard Westphal

14

2018/C 301/20

Case C-390/18: Request for a preliminary ruling from the Juge d’instruction du tribunal de grande instance de Paris (France) lodged on 13 June 2018 — Criminal proceedings against YA and AIRBNB Ireland UC — other parties: Hotelière Turenne SAS, Pour un hébergement et tourisme professionnel (AHTOP), Valhotel

15

2018/C 301/21

Case C-394/18: Request for a preliminary ruling from the Corte di appello di Napoli (Italy) lodged on 14 June 2018 — I.G.I. Srl v Maria Grazia Cicenia and Others

15

2018/C 301/22

Case C-395/18: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 14 June 2018 — Tim SpA — Direzione e coordinamento Vivendi SA v Consip SpA, Ministero dell’Economia e delle Finanze

16

2018/C 301/23

Case C-400/18: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 18 June 2018 — Infohos v Belgische Staat

17

2018/C 301/24

Case C-402/18: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 15 June 2018 — Tedeschi Srl, acting in its own behalf and as agent of a temporary association of undertakings, Consorzio Stabile Istant Service, acting in its own behalf and as principal of a temporary association of undertakings v C.M. Service Srl, Università degli Studi di Roma La Sapienza

17

2018/C 301/25

Case C-405/18: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 19 June 2018 — AURES Holdings, a.s. v Odvolací finanční ředitelství

18

2018/C 301/26

Case C-410/18: Request for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 22 June 2018 — Nicolas Aubriet v Ministre de l’Enseignement supérieur et de la Recherche

19

2018/C 301/27

Case C-416/18 P: Appeal brought on 26 June 2018 by Mykola Yanovych Azarov against the judgment of the General Court (Sixth Chamber) of 26 April 2018 in Case T-190/16, Mykola Yanovych Azarov v Council of the European Union

19

2018/C 301/28

Case C-421/18: Request for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 27 June 2018 — Ordre des avocats du barreau de Dinant v JN

20

2018/C 301/29

Case C-456/18 P: Appeal brought on 12 July 2018 by Hungary against the judgment of the General Court (Ninth Chamber) delivered on 25 April 2018 in Joined Cases T-554/15 and T-555/15, Hungary v European Commission

21

General Court

2018/C 301/30

Case T-643/13: Judgment of the General Court of 11 July 2018 — Rogesa v Commission (Access to documents — Regulation (EC) No 1049/2001 — Scheme for greenhouse gas emission allowance trading — Request for access to information relating to the determination of the most efficient 10 % of the steel industry installations — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment — Observance of time-limits)

23

2018/C 301/31

Case T-185/15: Judgment of the General Court of 11 July 2018 — Buonotourist v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty)

24

2018/C 301/32

Case T-186/15: Judgment of the General Court of 11 July 2018 — CSTP Azienda delle Mobilità v Commission (State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty)

25

2018/C 301/33

Case T-240/16: Judgment of the General Court of 11 July 2018 –Klyuyev v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the list — Legal basis — Manifest error of assessment — Rights of defence — Right to effective judicial protection — Right to property — Right to reputation — Plea of illegality)

26

2018/C 301/34

Case T-644/16: Judgment of the General Court of 11 July 2018 — ClientEarth v Commission (Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the compatibility with EU law of Investor-State Dispute Settlement and the Investment Court System in EU trade agreements — Partial refusal of access — Exception concerning the protection of the public interest as regards international relations — Exception concerning the protection of legal advice — Exception concerning the protection of the decision-making process — Overriding public interest)

27

2018/C 301/35

Case T-707/16: Judgment of the General Court of 11 July 2018 — Enoitalia SpA v EUIPO — La Rural Viñedos y Bodegas (ANTONIO RUBINI) (EU trade mark — Invalidity proceedings — EU word mark ANTONIO RUBINI — Earlier EU figurative mark RUTINI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

27

2018/C 301/36

Case T-13/17: Judgment of the General Court of 11 July 2018 — Europa Terra Nostra v Parliament (Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation — Pre-financing amount fixed at 33 % of the maximum amount of the grant awarded — Obligation to provide a pre-financing bank guarantee — Financial Regulation — Rules for the application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Misuse of powers)

28

2018/C 301/37

Case T-16/17: Judgment of the General Court of 11 July 2018 — APF v Parliament (Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33 % of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Abuse of power)

29

2018/C 301/38

Case T-54/17: Judgment of the General Court of 11 July 2018 — CLF v Parliament (Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33 % of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment)

29

2018/C 301/39

Case T-57/17: Judgment of the General Court of 11 July 2018 — Pegasus v Parliament (Institutional law — European Parliament — Decision awarding a grant to a political foundation — Pre-financing set at 33 % of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment)

30

2018/C 301/40

Case T-694/17: Judgment of the General Court of 11 July 2018 — Link Entertainment v EUIPO — García-Sanjuan Machado (SAVORY DELICIOUS ARTISTS & EVENTS) (EU trade mark — Invalidity proceedings — EU figurative mark SAVORY DELICIOUS ARTISTS & EVENTS — Earlier EU word mark AVORY — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the services — Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009 (now Articles 8(1)(b) and 60(1)(a) of Regulation (EU) 2017/1001))

31

2018/C 301/41

Case T-147/15: Order of the General Court of 28 June 2018 — Czech Republic v Commission (Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Application to be exempted from making available own resources — Letter from the Commission — Act not open to challenge — Inadmissibility)

31

2018/C 301/42

Case T-478/15: Order of the General Court of 28 June 2018 — Romania v Commission (Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility)

32

2018/C 301/43

Case T-452/17: Order of the General Court of 28 June 2018 — TL v EDPS (Actions for annulment — Protection of personal data — Public nature of the case-law of the General Court — Request for anonymisation and removal from the Internet of a judgment of the General Court — Act not open to challenge — Confirmatory act — No new and substantial facts — Manifest inadmissibility)

33

2018/C 301/44

Case T-476/17 R: Order of the President of the General Court of 22 June 2018 — Arysta LifeScience Netherlands v Commission (Application for interim measures — Plant protection products — Active substance diflubenzuron — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests)

34

2018/C 301/45

Case T-577/17: Order of the General Court of 2 July 2018 — thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission (Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility)

34

2018/C 301/46

Case T-719/17 R: Order of the President of the General Court of 22 June 2018 — FMC v Commission (Application for interim measures — Plant protection products — Implementing Regulation (EU) 2017/1496 — Non-renewal of approval of the active substance DPX KE 459 (flupyrsulfuron-methyl) — Application for suspension of operation — Lack of urgency — Balancing of interests)

35

2018/C 301/47

Case T-757/17: Order of the General Court of 26 June 2018 — Kerstens v Commission (Civil service — Officials — Disciplinary proceedings — Enforcement of a judgment delivered by the General Court on appeal — Withdrawal of the decision imposing a reprimand — Reopening of the disciplinary proceedings which led to the cancelled sanction — Claim for annulment — Act not adversely affecting an official — Claim for damages — Failure to follow the pre-litigation procedure — Manifest inadmissibility)

36

2018/C 301/48

Case T-784/17 RII: Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament (Application for interim measures — Public works contracts — Order granting suspension of operation of the decision of the European Parliament rejecting the applicant’s tender and awarding five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels — Application for variation — Article 159 of the Rules of Procedure — Inadmissibility)

36

2018/C 301/49

Case T-29/18: Order of the General Court of 4 July 2018 — Planet v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the contract ‘Technical Assistance to Ecowas for the implementation of the 10th EDF Transport Facilitation Project II (TFP II)’ — Implied refusal of access — Express decision adopted after the action had been brought — Withdrawal of the contested act — Action which has become devoid of purpose — No need to adjudicate)

37

2018/C 301/50

Case T-104/18 R: Order of the President of the General Court of 10 July 2018 — Fundación Tecnalia Research & Innovation v REA (Application for interim measures — Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency)

38

2018/C 301/51

Case T-244/18 R: Order of the President of the General Court of 10 July 2018 — Synergy Hellas v Commission (Application for interim measures — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency)

38

2018/C 301/52

Case T-299/18 R: Order of the President of the General Court of 26 June 2018 — Strabag Belgium v Parliament (Application for interim measures — Public works contracts — Application for suspension of operation of a measure — Waiting period — Abnormally low tender — Prima facie case — No urgency)

39

2018/C 301/53

Case T-352/18: Action brought on 5 June 2018 — Germann Avocats and XJ (*1) v Commission

*1

39

2018/C 301/54

Case T-397/18: Action brought on 29 June 2018 — Hugo’s Hotel v EUIPO — H’ugo’s (Hugo’s Burger Bar)

40

2018/C 301/55

Case T-400/18: Action brought on 2 July 2018 — Landesbank Baden-Württemberg v SRB

41

2018/C 301/56

Case T-403/18: Action brought on 2 July 2018 — Pharmadom v EUIPO — Objectif Pharma (W S wellpharma shop)

42

2018/C 301/57

Case T-414/18: Action brought on 5 July 2018 — Hypo Vorarlberg Bank v SRB

42

2018/C 301/58

Case T-424/18: Action brought on 11 July 2018 — Puma v EUIPO — Carrefour (Representation of crossed lines)

43

2018/C 301/59

Case T-427/18: Action brought on 10 July 2018 — Geske v EUIPO (SATISFYERMEN)

44

2018/C 301/60

Case T-434/18: Action brought on 13 July 2018 — Vans v EUIPO (ULTRARANGE)

45

2018/C 301/61

Case T-447/18: Action brought on 18 July 2018 — TUIfly v Commission

45

2018/C 301/62

Case T-742/17: Order of the General Court of 3 July 2018 — Kim and Others v Council

47

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(*1)Information erased or replaced within the framework of protection of personal data and/or confidentiality.

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| EN | For reasons of protection of personal data and/or confidentiality, some information contained in this issue cannot be disclosed anymore and therefore a new authentic version has been published. |
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EN

For reasons of protection of personal data and/or confidentiality, some information contained in this issue cannot be disclosed anymore and therefore a new authentic version has been published.