# Official Journal C 249/31 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 249 |
| | |
| English edition | Information and Notices | Volume 6031 July 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 249

English edition

Information and Notices

Volume 6031 July 2017

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2017/C 249/01 | 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

2017/C 249/01

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 |
| 2017/C 249/02 | Case C-45/15 P: Judgment of the Court (Grand Chamber) of 30 May 2017 — Safa Nicu Sepahan Co. v Council of the European Union (Appeal — Action for damages — Common foreign and security policy (CFSP) — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Material damage — Non-material damage — Error of assessment in respect of the amount of compensation — None — Cross-appeal — Conditions governing the incurring of the European Union’s non-contractual liability — Obligation to substantiate the restrictive measures — Sufficiently serious breach) | 2 |
| 2017/C 249/03 | Case C-296/15: Judgment of the Court (Third Chamber) of 8 June 2017 (request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil — Slovenia) — Medisanus d.o.o. v Splošna Bolnišnica Murska Sobota (Reference for a preliminary ruling — Public procurement — Medicinal products for human use — Directive 2004/18/EC — Article 2 and Article 23(2) and (8) — Articles 34 and 36 TFEU — Public contract for supplying a hospital — National legislation requiring that hospitals are to be supplied as a matter of priority with medicinal products obtained from national plasma — Principle of equal treatment) | 3 |
| 2017/C 249/04 | Case C-420/15: Judgment of the Court (Fifth Chamber) of 31 May 2017 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Criminal proceedings against U (Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Obligation to register a vehicle belonging to a person resident in Belgium and intended to be used in Italy) | 3 |
| 2017/C 249/05 | Case C-529/15: Judgment of the Court (First Chamber) of 1 June 2017 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — proceedings brought by Gert Folk (Reference for a preliminary ruling — Environmental liability — Directive 2004/35/EC — Article 17 — Temporal scope of application — Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired — Article 2(1)(b) — Concept of ‘environmental damage’ — National law excluding all damage covered by an authorisation — Article 12(1) — Access to justice in environmental matters — Locus standi — Directive 2000/60/EC — Article 4(7) — Direct effect) | 4 |
| 2017/C 249/06 | Case C-541/15: Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Amtsgericht Wuppertal — Germany) — proceedings brought by Mircea Florian Freitag (Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Individual having the nationality of both the Member State in which he resides and the Member State in which he was born — Change of surname in the Member State of birth not carried out during a period of habitual residence — Name corresponding to birth name — Application for the entry of that name in the civil register of the Member State of residence — Rejection of that application — Reason — Name not acquired during a period of habitual residence — Existence of other procedures in national law to have that name recognised) | 5 |
| 2017/C 249/07 | Case C-571/15: Judgment of the Court (Fifth Chamber) of 1 June 2017 (request for a preliminary ruling from the Hessisches Finanzgericht — Germany) — Wallenborn Transports SA v Hauptzollamt Gießen (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — External transit procedure — Goods transported through a free port located in a Member State — Legislation of that Member State excluding free ports from its national fiscal territory — Removal from customs supervision — Incurrence of a customs debt and chargeability of VAT) | 5 |
| 2017/C 249/08 | Case C-580/15: Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Rechtbank van eerste aanleg, West-Vlaanderen, afdeling Brugge — Belgium) — Maria Eugenia Van der Weegen, Miguel Juan Van der Weegen, Anna Pot, acting as successors in title to Johannes Van der Weegen, deceased, Anna Pot v Belgische Staat (Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Tax legislation — Income tax — Tax exemption reserved to interest payments by banks complying with certain statutory conditions — Indirect discrimination — Banks established in Belgium and banks established in another Member State) | 6 |
| 2017/C 249/09 | Case C-625/15 P: Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC (Appeal — Community plant variety rights — Application for a Community plant variety right — Apple variety ‘Gala Schnitzer’ — Technical examination — Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) — Regulation (EC) No 1239/95 — Article 23(1) — Powers of the President of the CPVO — Addition of a distinctive characteristic on completion of the technical examination — Stability of the characteristic during two growing cycles) | 7 |
| 2017/C 249/10 | Case C-689/15: Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — W. F. Gözze Frottierweberei GmbH, Wolfgang Gözze v Verein Bremer Baumwollbörse (Reference for a preliminary ruling — Intellectual property — EU trade mark — Regulation (EC) No 207/2009 — Articles 9 and 15 — Filing of the cotton flower sign by an association — Registration as an individual trade mark — Licences to use the mark granted to cotton textile manufacturers affiliated with the association — Application for a declaration of invalidity or revocation — Concept of ‘genuine use’ — Essential function of indicating origin) | 7 |
| 2017/C 249/11 | Case C-54/16: Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunale Ordinario di Venezia — Italy) — Vinyls Italia SpA, in liquidation v Mediterranea di Navigazione SpA (Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Acts detrimental to all the creditors — Conditions in which the act in question may be challenged — Act subject to the law of a Member State other than the State of the opening of proceedings — Act which is not open to challenge on the basis of that law — Regulation (EC) No 593/2008 — Article 3(3) — Law chosen by the parties — Location of all the elements of the situation concerned in the State of the opening of proceedings — Effect) | 8 |
| 2017/C 249/12 | Case C-228/16 P: Judgment of the Court (First Chamber) of 31 May 2017 — Dimosia Epicheirisi Ilektrismou AE (DEI) v European Commission (Appeal — State aid — Decision to take no further action — Refusal by the European Commission to continue to examine the applicant’s complaint — Lack of aid at the end of the preliminary examination stage — Purely confirmatory decision — Legal conditions for the withdrawal of a decision to take no further action) | 9 |
| 2017/C 249/13 | Case C-293/16: Judgment of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Sharda Europe BVBA v Administración del Estado, Syngenta Agro SA (Reference for a preliminary ruling — Agriculture — Placing of plant protection products on the market — Directive 2008/69/EC — Article 3(2) — Procedure for re-evaluation, by the Member States, of authorised plant protection products — Time limit — Divergence between the different language versions) | 10 |
| 2017/C 249/14 | Case C-296/16 P: Judgment of the Court (Eighth Chamber) of 8 June 2017 — Dextro Energy GmbH & Co. KG v European Commission (Appeal — Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA)) | 10 |
| 2017/C 249/15 | Case C-330/16: Judgment of the Court (Ninth Chamber) of 1 June 2017 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Piotr Zarski v Andrzej Stadnicki (Reference for a preliminary ruling — Combating late payments in commercial transactions — Directive 2011/7/EU — Commercial lease contracts of indefinite duration — Late rent payments — Contracts concluded before the period for transposing that directive had expired — National rules — Exclusion of such contracts from the temporal scope of that directive) | 11 |
| 2017/C 249/16 | Case C-111/17: Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Monomeles Protodikeio Athinon — Greece) — OL v PQ (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — International child abduction — Hague Convention of 25 October 1980 — Regulation (EC) No 2201/2003 — Article 11 — Application for return — Concept of ‘habitual residence’ of an infant — Child born, as agreed by her parents, in a Member State other than that where they were habitually resident — Child continuing to reside for the first months of her life in the Member State of her birth — Mother’s decision not to return to the Member State where the couple had been habitually resident) | 11 |
| 2017/C 249/17 | Case C-110/16: Order of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lg Costruzioni Srl v Area — Azienda Regionale per l’edilizia abitativa (Reference for a preliminary ruling — Public works contract — Directive 2004/18/EC — Article 7 — Evaluation and determination of the technical capacities of the economic operators — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility) | 12 |
| 2017/C 249/18 | Case C-286/16: Order of the Court (First Chamber) of 11 May 2017 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — SC Exmitiani SRL v Direcţia Generală a Finanţelor Publice Cluj (Reference for a preliminary ruling — Activity of passenger road transport services — Tax — Facts prior to the accession of Romania to the European Union — Manifest lack of jurisdiction of the Court) | 13 |
| 2017/C 249/19 | Case C-411/16 P: Order of the Court (Tenth Chamber) of 7 June 2017 — Holistic Innovation Institute, SLU v European Commission (Appeal — Article 181 of the Rules of Procedure of the Court — Research projects financed by the European Union — Seventh Framework programme for research and technological development (2007-2013) — Project eDIGIREGION — Decision of the European Commission to refuse the applicant’s participation — Action for annulment and a declaration of liability) | 13 |
| 2017/C 249/20 | Case C-653/16: Order of the Court (Sixth Chamber) of 4 May 2017 (request for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — Jitka Svobodová v Česká republika — Okresní soud v Náchodě (Reference for a preliminary ruling — Factual and regulatory background to the dispute in the main proceedings — Absence of sufficient information — Manifest inadmissibility — Article 53(2) and Article 94 of the Rules of Procedure of the Court) | 14 |
| 2017/C 249/21 | Case C-53/17: Order of the Court (Sixth Chamber) of 11 May 2017 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Bericap Záródástechnikai Cikkeket Gyártó Bt. v Nemzetgazdasági Minisztérium (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Aid granted by Member States — Derogations from the prohibition of aid — Aid capable of being regarded as compatible with the internal market — Regulation (EC) No 800/2008 — Definition of micro, small and medium-sized enterprises — Linked enterprises — Enterprises exercising their activities on the same market and forming part of a global group of enterprises owned by the members of one single family — Concept of ‘group of natural persons acting jointly’) | 14 |
| 2017/C 249/22 | Case C-67/17: Order of the Court (Sixth Chamber) of 14 June 2017 (request for a preliminary ruling from the Rayonen sad Varna — Bulgaria) — Todor Iliev v Blagovesta Ilieva (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(2)(a) — Scope — Matters excluded — Rights in property arising out of a matrimonial relationship — Dissolution of the marriage — Liquidation of property acquired during the marriage) | 15 |
| 2017/C 249/23 | Case C-687/16 P: Appeal brought on 30 December 2016 by Capella EOOD against the judgment delivered by the General Court (Eighth Chamber) on 12 May 2016 in Case T-750/14, Ivo-Kermartin GmbH v European Union Intellectual Property Office | 16 |
| 2017/C 249/24 | Case C-23/17 P: Appeal brought on 18 January 2017 by For Tune sp. z o.o. against the judgment of the General Court (First Chamber) delivered on 8 November 2016 in Case T-579/15: For Tune sp. z o.o. v European Union Intellectual Property Office | 16 |
| 2017/C 249/25 | Case C-142/17: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 20 March 2017 — Manuela Maturi and Others v Fondazione Teatro dell’Opera di Roma | 16 |
| 2017/C 249/26 | Case C-143/17: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 20 March 2017 — Catia Passeri v Fondazione Teatro dell’Opera di Roma | 17 |
| 2017/C 249/27 | Case C-206/17: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 21 April 2017 — Heinrich Denker v Gemeinde Thedinghausen | 18 |
| 2017/C 249/28 | Case C-211/17: Request for a preliminary ruling from the Curtea de Apel Bacău (Romania) lodged on 24 April 2017 — SC Topaz Development SRL v Constantin Juncu, Raisa Juncu, née Cernica | 18 |
| 2017/C 249/29 | Case C-227/17: Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 28 April 2017 — Medtronic GmbH v Finanzamt Neuss | 19 |
| 2017/C 249/30 | Case C-248/17 P: Appeal brought on 11 May 2017 by Bank Tejarat against the judgment of the General Court (First Chamber) delivered on 14 March 2017 in Case T-346/15: Bank Tejarat v Council | 19 |
| 2017/C 249/31 | Case C-289/17: Request for a preliminary ruling from the Tartu Maakohus (Estonia) lodged on 19 May 2017 — Collect Inkasso OÜ, ITM Inkasso OÜ, Bigbank AS v Rain Aint, Lauri Palm, Raiko Oikimus, Egle Noor, Artjom Konjarov | 20 |
| 2017/C 249/32 | Case C-292/17: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 22 May 2017 — EUflight.de GmbH v TUIfly GmbH | 21 |
| 2017/C 249/33 | Case C-341/17 P: Appeal brought on 6 June 2017 by the Hellenic Republic against the judgment of the General Court (Eighth Chamber) delivered on 30 March 2017 in Case T-112/15, Hellenic Republic v European Commission | 21 |
| | General Court |
| 2017/C 249/34 | Case T-9/15: Judgment of the General Court of 13 June 2017 — Ball Beverage Packaging Europe v EUIPO — Crown Hellas Can (Cans) (Community design — Invalidity proceedings — Registered Community design representing three cans — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Group of articles constituting a single unit — Scope of the description of the registered Community design — Obligation to state reasons — Replacement of a party to the proceedings) | 23 |
| 2017/C 249/35 | Case T-262/15: Judgment of the General Court of 15 June 2017 — Kiselev v Council (Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening Ukraine — Freezing of funds — Restrictions on entry into the territories of the Member States — Natural person actively supporting or implementing actions undermining or threatening Ukraine — Obligation to state reasons — Manifest error of assessment — Freedom of expression — Proportionality — Rights of defence) | 23 |
| 2017/C 249/36 | Case T-457/15: Judgment of the General Court of 15 June 2017 — Fakro v EUIPO — Saint Gobain Cristalería (climaVera) (EU trade mark — Opposition proceedings — Application for EU figurative mark climaVera — Earlier EU word mark CLIMAVER DECO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 24 |
| 2017/C 249/37 | Case T-95/16: Judgment of the General Court of 14 June 2017 — Aydin v EUIPO — Kaporal Groupe (ROYAL & CAPORAL) (EU trade mark — Opposition proceedings — Application for EU word mark ROYAL & CAPORAL — Earlier EU word mark KAPORAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) | 25 |
| 2017/C 249/38 | Case T-141/16: Judgment of the General Court of 8 June 2017 — Commission v IEM (Arbitration clause — Contract FAIR-CT98-9544 concluded under the Fourth Framework programme for research, technological development and demonstration activities (1994-1998) — Termination of the contract — Reimbursement of sums advanced — Default interest — Default procedure) | 25 |
| 2017/C 249/39 | Case T-258/16: Judgment of the General Court of 7 June 2017 — Mediterranean Premium Spirits v EUIPO — G-Star Raw (GINRAW) (EU trade mark — Opposition proceedings — Application for the EU word mark GINRAW — Earlier EU word marks RAW — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court — Obligation to state reasons) | 26 |
| 2017/C 249/40 | Case T-302/16: Judgment of the General Court of 15 June 2017 — Bay v Parliament (Law governing the Institutions — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of forfeiture of entitlement to the subsistence allowance — Article 166 of the Rules of Procedure of the Parliament — Right of access to the file — Error of fact) | 27 |
| 2017/C 249/41 | Case T-326/16: Judgment of the General Court of 8 June 2017 — Bundesverband Deutsche Tafel v EUIPO — Tiertafel Deutschland (Tafel) (EU trade mark — Invalidity proceedings — EU word mark Tafel — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Absolute ground for refusal — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 — Descriptive character — Article 65(6) of Regulation No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision) | 27 |
| 2017/C 249/42 | Case T-659/16: Judgment of the General Court of 14 June 2017 — LG Electronics v EUIPO (Second Display) (EU trade mark — Application for the EU word mark Second Display — Absolute grounds for refusal — Descriptiveness — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) | 28 |
| 2017/C 249/43 | Case T-690/16 R: Order of the President of the General Court of 30 May 2017 — Enrico Colombo and Corinti Giacomo v Commission (Interim measures — Public procurement — Application for interim measures — No urgency) | 28 |
| 2017/C 249/44 | Case T-877/16: Order of the General Court of 18 May 2017 — Verschuur v Commission (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Document concerning the administrative procedure relating to State aid SA.38374 (2014/C ex 2014/NN) granted by the Netherlands to Starbucks — Refusal to grant access — Action manifestly lacking any foundation in law) | 29 |
| 2017/C 249/45 | Case T-293/17: Action brought on 16 May 2017 — Fakro v Commission | 29 |
| 2017/C 249/46 | Case T-309/17: Action brought on 15 May 2017 — Optile v Commission | 30 |
| 2017/C 249/47 | Case T-312/17: Action brought on 1 June 2017 — Campbell v Commission | 31 |
| 2017/C 249/48 | Case T-315/17: Action brought on 15 May 2017 — Hebberecht v EEAS | 31 |
| 2017/C 249/49 | Case T-319/17: Action brought on 22 May 2017 –Aldridge and Others v Commission | 33 |
| 2017/C 249/50 | Case T-329/17: Action brought on 24 May 2017 — Hautala and Others v EFSA | 34 |
| 2017/C 249/51 | Case T-332/17: Action brought on 29 May 2017 — E-Control v ACER | 35 |
| 2017/C 249/52 | Case T-333/17: Action brought on 29 May 2017 — Austrian Power Grid and Voralberger Übertragungsnetz v ACER | 36 |
| 2017/C 249/53 | Case T-347/17: Action brought on 2 June 2017 — FLA Europe v Commission | 39 |
| 2017/C 249/54 | Case T-351/17: Action brought on 2 June 2017 — Nike European Operations Netherlands and Others v Commission | 40 |
| 2017/C 249/55 | Case T-354/17: Action brought on 6 June 2017 — Genomic Health v EUIPO (ONCOTYPE DX GENOMIC PROSTATE SCORE) | 41 |
| 2017/C 249/56 | Case T-359/17: Action brought on 7 June 2017 — Aldo Supermarkets v EUIPO — Aldi Einkauf (ALDI) | 41 |
| 2017/C 249/57 | Case T-360/17: Action brought on 2 June 2017 — Jana shoes and Others v Commission | 42 |
| 2017/C 249/58 | Case T-362/17: Action brought on 6 June 2017 — NCL v EUIPO (FEEL FREE) | 43 |
| 2017/C 249/59 | Case T-364/17: Action brought on 5 June 2017 — Bielawski v EUIPO (HOUSE OF CARS) | 44 |
| 2017/C 249/60 | Case T-366/17: Action brought on 5 June 2017 — Poland v Commission | 44 |
| 2017/C 249/61 | Case T-367/17: Action brought on 09 June 2017 — Linak v EUIPO — ChangZhou Kaidi Electrical (Shape of electrically operated lifting column) | 45 |
| 2017/C 249/62 | Case T-368/17: Action brought on 9 June 2017 — Linak v EUIPO — ChangZhou Kaidi Electrical (Shape of electrically operated lifting column) | 45 |
| 2017/C 249/63 | Case T-369/17: Action brought on 13 June 2017 — Winkler v Commission | 46 |
| 2017/C 249/64 | Case T-370/17: Action brought on 12 June 2017 — KPN v Commission | 47 |
| 2017/C 249/65 | Case T-380/17: Action brought on 16 June 2017 — HeidelbergCement and Schwenk Zement v Commission | 48 |
| 2017/C 249/66 | Case T-138/08: Order of the General Court of 18 May 2017 — Cavankee Fishing and Others v Commission | 49 |
| 2017/C 249/67 | Case T-816/16 RENV: Order of the General Court of 18 May 2017 — FK v Commission (
  *1
  ) | 49 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2017/C 249/02

Case C-45/15 P: Judgment of the Court (Grand Chamber) of 30 May 2017 — Safa Nicu Sepahan Co. v Council of the European Union (Appeal — Action for damages — Common foreign and security policy (CFSP) — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Material damage — Non-material damage — Error of assessment in respect of the amount of compensation — None — Cross-appeal — Conditions governing the incurring of the European Union’s non-contractual liability — Obligation to substantiate the restrictive measures — Sufficiently serious breach)

2

2017/C 249/03

Case C-296/15: Judgment of the Court (Third Chamber) of 8 June 2017 (request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil — Slovenia) — Medisanus d.o.o. v Splošna Bolnišnica Murska Sobota (Reference for a preliminary ruling — Public procurement — Medicinal products for human use — Directive 2004/18/EC — Article 2 and Article 23(2) and (8) — Articles 34 and 36 TFEU — Public contract for supplying a hospital — National legislation requiring that hospitals are to be supplied as a matter of priority with medicinal products obtained from national plasma — Principle of equal treatment)

3

2017/C 249/04

Case C-420/15: Judgment of the Court (Fifth Chamber) of 31 May 2017 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — Criminal proceedings against U (Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Obligation to register a vehicle belonging to a person resident in Belgium and intended to be used in Italy)

3

2017/C 249/05

Case C-529/15: Judgment of the Court (First Chamber) of 1 June 2017 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — proceedings brought by Gert Folk (Reference for a preliminary ruling — Environmental liability — Directive 2004/35/EC — Article 17 — Temporal scope of application — Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired — Article 2(1)(b) — Concept of ‘environmental damage’ — National law excluding all damage covered by an authorisation — Article 12(1) — Access to justice in environmental matters — Locus standi — Directive 2000/60/EC — Article 4(7) — Direct effect)

4

2017/C 249/06

Case C-541/15: Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Amtsgericht Wuppertal — Germany) — proceedings brought by Mircea Florian Freitag (Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Individual having the nationality of both the Member State in which he resides and the Member State in which he was born — Change of surname in the Member State of birth not carried out during a period of habitual residence — Name corresponding to birth name — Application for the entry of that name in the civil register of the Member State of residence — Rejection of that application — Reason — Name not acquired during a period of habitual residence — Existence of other procedures in national law to have that name recognised)

5

2017/C 249/07

Case C-571/15: Judgment of the Court (Fifth Chamber) of 1 June 2017 (request for a preliminary ruling from the Hessisches Finanzgericht — Germany) — Wallenborn Transports SA v Hauptzollamt Gießen (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — External transit procedure — Goods transported through a free port located in a Member State — Legislation of that Member State excluding free ports from its national fiscal territory — Removal from customs supervision — Incurrence of a customs debt and chargeability of VAT)

5

2017/C 249/08

Case C-580/15: Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Rechtbank van eerste aanleg, West-Vlaanderen, afdeling Brugge — Belgium) — Maria Eugenia Van der Weegen, Miguel Juan Van der Weegen, Anna Pot, acting as successors in title to Johannes Van der Weegen, deceased, Anna Pot v Belgische Staat (Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Tax legislation — Income tax — Tax exemption reserved to interest payments by banks complying with certain statutory conditions — Indirect discrimination — Banks established in Belgium and banks established in another Member State)

6

2017/C 249/09

Case C-625/15 P: Judgment of the Court (Fifth Chamber) of 8 June 2017 — Schniga GmbH v Community Plant Variety Office (CPVO), Brookfield New Zealand Ltd, Elaris SNC (Appeal — Community plant variety rights — Application for a Community plant variety right — Apple variety ‘Gala Schnitzer’ — Technical examination — Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) — Regulation (EC) No 1239/95 — Article 23(1) — Powers of the President of the CPVO — Addition of a distinctive characteristic on completion of the technical examination — Stability of the characteristic during two growing cycles)

7

2017/C 249/10

Case C-689/15: Judgment of the Court (Second Chamber) of 8 June 2017 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — W. F. Gözze Frottierweberei GmbH, Wolfgang Gözze v Verein Bremer Baumwollbörse (Reference for a preliminary ruling — Intellectual property — EU trade mark — Regulation (EC) No 207/2009 — Articles 9 and 15 — Filing of the cotton flower sign by an association — Registration as an individual trade mark — Licences to use the mark granted to cotton textile manufacturers affiliated with the association — Application for a declaration of invalidity or revocation — Concept of ‘genuine use’ — Essential function of indicating origin)

7

2017/C 249/11

Case C-54/16: Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunale Ordinario di Venezia — Italy) — Vinyls Italia SpA, in liquidation v Mediterranea di Navigazione SpA (Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Acts detrimental to all the creditors — Conditions in which the act in question may be challenged — Act subject to the law of a Member State other than the State of the opening of proceedings — Act which is not open to challenge on the basis of that law — Regulation (EC) No 593/2008 — Article 3(3) — Law chosen by the parties — Location of all the elements of the situation concerned in the State of the opening of proceedings — Effect)

8

2017/C 249/12

Case C-228/16 P: Judgment of the Court (First Chamber) of 31 May 2017 — Dimosia Epicheirisi Ilektrismou AE (DEI) v European Commission (Appeal — State aid — Decision to take no further action — Refusal by the European Commission to continue to examine the applicant’s complaint — Lack of aid at the end of the preliminary examination stage — Purely confirmatory decision — Legal conditions for the withdrawal of a decision to take no further action)

9

2017/C 249/13

Case C-293/16: Judgment of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Sharda Europe BVBA v Administración del Estado, Syngenta Agro SA (Reference for a preliminary ruling — Agriculture — Placing of plant protection products on the market — Directive 2008/69/EC — Article 3(2) — Procedure for re-evaluation, by the Member States, of authorised plant protection products — Time limit — Divergence between the different language versions)

10

2017/C 249/14

Case C-296/16 P: Judgment of the Court (Eighth Chamber) of 8 June 2017 — Dextro Energy GmbH & Co. KG v European Commission (Appeal — Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA))

10

2017/C 249/15

Case C-330/16: Judgment of the Court (Ninth Chamber) of 1 June 2017 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Piotr Zarski v Andrzej Stadnicki (Reference for a preliminary ruling — Combating late payments in commercial transactions — Directive 2011/7/EU — Commercial lease contracts of indefinite duration — Late rent payments — Contracts concluded before the period for transposing that directive had expired — National rules — Exclusion of such contracts from the temporal scope of that directive)

11

2017/C 249/16

Case C-111/17: Judgment of the Court (Fifth Chamber) of 8 June 2017 (request for a preliminary ruling from the Monomeles Protodikeio Athinon — Greece) — OL v PQ (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — International child abduction — Hague Convention of 25 October 1980 — Regulation (EC) No 2201/2003 — Article 11 — Application for return — Concept of ‘habitual residence’ of an infant — Child born, as agreed by her parents, in a Member State other than that where they were habitually resident — Child continuing to reside for the first months of her life in the Member State of her birth — Mother’s decision not to return to the Member State where the couple had been habitually resident)

11

2017/C 249/17

Case C-110/16: Order of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Lg Costruzioni Srl v Area — Azienda Regionale per l’edilizia abitativa (Reference for a preliminary ruling — Public works contract — Directive 2004/18/EC — Article 7 — Evaluation and determination of the technical capacities of the economic operators — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility)

12

2017/C 249/18

Case C-286/16: Order of the Court (First Chamber) of 11 May 2017 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — SC Exmitiani SRL v Direcţia Generală a Finanţelor Publice Cluj (Reference for a preliminary ruling — Activity of passenger road transport services — Tax — Facts prior to the accession of Romania to the European Union — Manifest lack of jurisdiction of the Court)

13

2017/C 249/19

Case C-411/16 P: Order of the Court (Tenth Chamber) of 7 June 2017 — Holistic Innovation Institute, SLU v European Commission (Appeal — Article 181 of the Rules of Procedure of the Court — Research projects financed by the European Union — Seventh Framework programme for research and technological development (2007-2013) — Project eDIGIREGION — Decision of the European Commission to refuse the applicant’s participation — Action for annulment and a declaration of liability)

13

2017/C 249/20

Case C-653/16: Order of the Court (Sixth Chamber) of 4 May 2017 (request for a preliminary ruling from the Nejvyšší soud České republiky — Czech Republic) — Jitka Svobodová v Česká republika — Okresní soud v Náchodě (Reference for a preliminary ruling — Factual and regulatory background to the dispute in the main proceedings — Absence of sufficient information — Manifest inadmissibility — Article 53(2) and Article 94 of the Rules of Procedure of the Court)

14

2017/C 249/21

Case C-53/17: Order of the Court (Sixth Chamber) of 11 May 2017 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Bericap Záródástechnikai Cikkeket Gyártó Bt. v Nemzetgazdasági Minisztérium (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Aid granted by Member States — Derogations from the prohibition of aid — Aid capable of being regarded as compatible with the internal market — Regulation (EC) No 800/2008 — Definition of micro, small and medium-sized enterprises — Linked enterprises — Enterprises exercising their activities on the same market and forming part of a global group of enterprises owned by the members of one single family — Concept of ‘group of natural persons acting jointly’)

14

2017/C 249/22

Case C-67/17: Order of the Court (Sixth Chamber) of 14 June 2017 (request for a preliminary ruling from the Rayonen sad Varna — Bulgaria) — Todor Iliev v Blagovesta Ilieva (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(2)(a) — Scope — Matters excluded — Rights in property arising out of a matrimonial relationship — Dissolution of the marriage — Liquidation of property acquired during the marriage)

15

2017/C 249/23

Case C-687/16 P: Appeal brought on 30 December 2016 by Capella EOOD against the judgment delivered by the General Court (Eighth Chamber) on 12 May 2016 in Case T-750/14, Ivo-Kermartin GmbH v European Union Intellectual Property Office

16

2017/C 249/24

Case C-23/17 P: Appeal brought on 18 January 2017 by For Tune sp. z o.o. against the judgment of the General Court (First Chamber) delivered on 8 November 2016 in Case T-579/15: For Tune sp. z o.o. v European Union Intellectual Property Office

16

2017/C 249/25

Case C-142/17: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 20 March 2017 — Manuela Maturi and Others v Fondazione Teatro dell’Opera di Roma

16

2017/C 249/26

Case C-143/17: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 20 March 2017 — Catia Passeri v Fondazione Teatro dell’Opera di Roma

17

2017/C 249/27

Case C-206/17: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 21 April 2017 — Heinrich Denker v Gemeinde Thedinghausen

18

2017/C 249/28

Case C-211/17: Request for a preliminary ruling from the Curtea de Apel Bacău (Romania) lodged on 24 April 2017 — SC Topaz Development SRL v Constantin Juncu, Raisa Juncu, née Cernica

18

2017/C 249/29

Case C-227/17: Request for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 28 April 2017 — Medtronic GmbH v Finanzamt Neuss

19

2017/C 249/30

Case C-248/17 P: Appeal brought on 11 May 2017 by Bank Tejarat against the judgment of the General Court (First Chamber) delivered on 14 March 2017 in Case T-346/15: Bank Tejarat v Council

19

2017/C 249/31

Case C-289/17: Request for a preliminary ruling from the Tartu Maakohus (Estonia) lodged on 19 May 2017 — Collect Inkasso OÜ, ITM Inkasso OÜ, Bigbank AS v Rain Aint, Lauri Palm, Raiko Oikimus, Egle Noor, Artjom Konjarov

20

2017/C 249/32

Case C-292/17: Request for a preliminary ruling from the Amtsgericht Düsseldorf (Germany) lodged on 22 May 2017 — EUflight.de GmbH v TUIfly GmbH

21

2017/C 249/33

Case C-341/17 P: Appeal brought on 6 June 2017 by the Hellenic Republic against the judgment of the General Court (Eighth Chamber) delivered on 30 March 2017 in Case T-112/15, Hellenic Republic v European Commission

Hellenic Republic

European Commission

21

General Court

2017/C 249/34

Case T-9/15: Judgment of the General Court of 13 June 2017 — Ball Beverage Packaging Europe v EUIPO — Crown Hellas Can (Cans) (Community design — Invalidity proceedings — Registered Community design representing three cans — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Group of articles constituting a single unit — Scope of the description of the registered Community design — Obligation to state reasons — Replacement of a party to the proceedings)

23

2017/C 249/35

Case T-262/15: Judgment of the General Court of 15 June 2017 — Kiselev v Council (Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening Ukraine — Freezing of funds — Restrictions on entry into the territories of the Member States — Natural person actively supporting or implementing actions undermining or threatening Ukraine — Obligation to state reasons — Manifest error of assessment — Freedom of expression — Proportionality — Rights of defence)

23

2017/C 249/36

Case T-457/15: Judgment of the General Court of 15 June 2017 — Fakro v EUIPO — Saint Gobain Cristalería (climaVera) (EU trade mark — Opposition proceedings — Application for EU figurative mark climaVera — Earlier EU word mark CLIMAVER DECO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

24

2017/C 249/37

Case T-95/16: Judgment of the General Court of 14 June 2017 — Aydin v EUIPO — Kaporal Groupe (ROYAL & CAPORAL) (EU trade mark — Opposition proceedings — Application for EU word mark ROYAL & CAPORAL — Earlier EU word mark KAPORAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

25

2017/C 249/38

Case T-141/16: Judgment of the General Court of 8 June 2017 — Commission v IEM (Arbitration clause — Contract FAIR-CT98-9544 concluded under the Fourth Framework programme for research, technological development and demonstration activities (1994-1998) — Termination of the contract — Reimbursement of sums advanced — Default interest — Default procedure)

25

2017/C 249/39

Case T-258/16: Judgment of the General Court of 7 June 2017 — Mediterranean Premium Spirits v EUIPO — G-Star Raw (GINRAW) (EU trade mark — Opposition proceedings — Application for the EU word mark GINRAW — Earlier EU word marks RAW — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court — Obligation to state reasons)

26

2017/C 249/40

Case T-302/16: Judgment of the General Court of 15 June 2017 — Bay v Parliament (Law governing the Institutions — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of forfeiture of entitlement to the subsistence allowance — Article 166 of the Rules of Procedure of the Parliament — Right of access to the file — Error of fact)

27

2017/C 249/41

Case T-326/16: Judgment of the General Court of 8 June 2017 — Bundesverband Deutsche Tafel v EUIPO — Tiertafel Deutschland (Tafel) (EU trade mark — Invalidity proceedings — EU word mark Tafel — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Absolute ground for refusal — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 — Descriptive character — Article 65(6) of Regulation No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision)

27

2017/C 249/42

Case T-659/16: Judgment of the General Court of 14 June 2017 — LG Electronics v EUIPO (Second Display) (EU trade mark — Application for the EU word mark Second Display — Absolute grounds for refusal — Descriptiveness — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

28

2017/C 249/43

Case T-690/16 R: Order of the President of the General Court of 30 May 2017 — Enrico Colombo and Corinti Giacomo v Commission (Interim measures — Public procurement — Application for interim measures — No urgency)

28

2017/C 249/44

Case T-877/16: Order of the General Court of 18 May 2017 — Verschuur v Commission (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Document concerning the administrative procedure relating to State aid SA.38374 (2014/C ex 2014/NN) granted by the Netherlands to Starbucks — Refusal to grant access — Action manifestly lacking any foundation in law)

29

2017/C 249/45

Case T-293/17: Action brought on 16 May 2017 — Fakro v Commission

29

2017/C 249/46

Case T-309/17: Action brought on 15 May 2017 — Optile v Commission

30

2017/C 249/47

Case T-312/17: Action brought on 1 June 2017 — Campbell v Commission

31

2017/C 249/48

Case T-315/17: Action brought on 15 May 2017 — Hebberecht v EEAS

31

2017/C 249/49

Case T-319/17: Action brought on 22 May 2017 –Aldridge and Others v Commission

33

2017/C 249/50

Case T-329/17: Action brought on 24 May 2017 — Hautala and Others v EFSA

34

2017/C 249/51

Case T-332/17: Action brought on 29 May 2017 — E-Control v ACER

35

2017/C 249/52

Case T-333/17: Action brought on 29 May 2017 — Austrian Power Grid and Voralberger Übertragungsnetz v ACER

36

2017/C 249/53

Case T-347/17: Action brought on 2 June 2017 — FLA Europe v Commission

39

2017/C 249/54

Case T-351/17: Action brought on 2 June 2017 — Nike European Operations Netherlands and Others v Commission

40

2017/C 249/55

Case T-354/17: Action brought on 6 June 2017 — Genomic Health v EUIPO (ONCOTYPE DX GENOMIC PROSTATE SCORE)

41

2017/C 249/56

Case T-359/17: Action brought on 7 June 2017 — Aldo Supermarkets v EUIPO — Aldi Einkauf (ALDI)

41

2017/C 249/57

Case T-360/17: Action brought on 2 June 2017 — Jana shoes and Others v Commission

42

2017/C 249/58

Case T-362/17: Action brought on 6 June 2017 — NCL v EUIPO (FEEL FREE)

43

2017/C 249/59

Case T-364/17: Action brought on 5 June 2017 — Bielawski v EUIPO (HOUSE OF CARS)

44

2017/C 249/60

Case T-366/17: Action brought on 5 June 2017 — Poland v Commission

44

2017/C 249/61

Case T-367/17: Action brought on 09 June 2017 — Linak v EUIPO — ChangZhou Kaidi Electrical (Shape of electrically operated lifting column)

45

2017/C 249/62

Case T-368/17: Action brought on 9 June 2017 — Linak v EUIPO — ChangZhou Kaidi Electrical (Shape of electrically operated lifting column)

45

2017/C 249/63

Case T-369/17: Action brought on 13 June 2017 — Winkler v Commission

46

2017/C 249/64

Case T-370/17: Action brought on 12 June 2017 — KPN v Commission

47

2017/C 249/65

Case T-380/17: Action brought on 16 June 2017 — HeidelbergCement and Schwenk Zement v Commission

48

2017/C 249/66

Case T-138/08: Order of the General Court of 18 May 2017 — Cavankee Fishing and Others v Commission

49

2017/C 249/67

Case T-816/16 RENV: Order of the General Court of 18 May 2017 — FK v Commission (
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