ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 270/12

Order of the Court (Seventh Chamber) of 7 April 2016 — (request for a preliminary ruling from the Tribunale di Frosinone — Italy) — Criminal proceedings against Antonio Paolo Conti

(Case C-504/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Identical questions referred for a preliminary ruling - Articles 49 and 56 TFEU - Freedom of establishment - Freedom to provide services - Betting and gaming - National legislation - Reorganisation of the licensing system through the alignment of licence expiry dates - New call for tenders - Licences for a shorter term than that of the former licences - Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets - Restriction - Overriding reasons in the public interest - Proportionality))

(2016/C 270/15)

Language of the case: Italian

Referring court

Tribunale di Frosinone

Criminal proceedings against

Antonio Paolo Conti

Operative part of the order

Articles 49 TFEU and 56 TFEU must be interpreted as precluding a restrictive national provision, such as that at issue in the main proceedings, which requires a licensee of a betting and gambling service to transfer, free of charge, on the cessation of business as a result of the expiry of the final term of the licence, the rights to use tangible and intangible assets which he owns and which constitute his network for the management and collection of bets, in so far as that restriction goes beyond what is necessary to attain the objective actually pursued by that provision, which is for the referring court to verify.

(1) OJ C 406, 7.12.2015.
EN Official Journal of the European Union C 200/15

Order of the President of the Court of 22 February 2016 (request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco — Spain) — Confederación Sindical ELA, Juan Manuel Martínez Sánchez v Aquarbe S.A.U., Consorcio de Aguas de Busturialdea

(Case C-118/15) (1)

(2016/C 200/21)

Language of the case: Spanish

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 171, 26.5.2015.
EN Official Journal of the European Union C 326/19

Order of the President of the Fourth Chamber of the Court of 30 May 2016 (request for a preliminary ruling from the Centrale Raad van Beroep — Nederlands) — J. Klinkenberg v Minister van Infrastructuur en Milieu

(Case C-343/15) (1)

(2016/C 326/32)

Language of the case: Dutch

The President of the Fourth Chamber has ordered that the case be removed from the register.

(1) OJ C 311, 21.9.2015.
EN Official Journal of the European Union C 279/5

Order of the Court (First Chamber) of 12 May 2016 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — Soha Sahyouni v Raja Mamisch

(Case C-281/15) (1)

((Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Judicial cooperation in civil matters - Regulation (EU) No 1259/2010 - Scope - Recognition of a private divorce decision pronounced by a religious court in a third country - Clear lack of jurisdiction of the Court of Justice))

(2016/C 279/08)

Language of the case: German

Referring court

Oberlandesgericht München

Parties to the main proceedings

Applicant: Soha Sahyouni

Defendant: Raja Mamisch

Operative part of the order:

The Court of Justice of the European Union clearly has no jurisdiction to reply to the questions referred by the Oberlandesgericht München (Higher Regional Court, Munich, Germany) by decision of 2 June 2015.

(1) OJ C 294, 7.9.2015.
Order of the President of the Fourth Chamber of the Court of 12 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Società LIS Srl, Società Cerutti Lorenzo Srl v Abbanoa SpA: in the presence of: Consorzio Stabile CSI — Consorzio Servizi Integrati Soc. cons. arl, Procelli Costruzioni Srl, Bondini Srl, Assisi Strade Srl

(Case C-287/15) (1)

(2016/C 364/08)

Language of the case: Italian

The President of the Fourth Chamber has ordered that the case be removed from the register.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 343/16

Order of the Court (Fifth Chamber) of 30 June 2016 (request for a preliminary ruling from the Cour d'appel de Versailles — France) — Electricité Réseau Distribution France SA (ERDF) v Axa Corporate Solutions SA, Ombrière Le Bosc SAS

(Case C-669/15) (1)

((Preliminary ruling - Absence of legal framework - Manifest inadmissibility - Article 53(2) and Article 94 of the Rules of Procedure of the Court))

(2016/C 343/25)

Language of the case: French

Referring court

Cour d'appel de Versailles

Parties to the main proceedings

Applicant: Electricité Réseau Distribution France SA (ERDF)

Defendant: Axa Corporate Solutions SA, Ombrière Le Bosc SAS

Operative part of the order

The request for a preliminary ruling brought by the Cour d'appel de Versailles (France), by decision of 8 December 2015, is manifestly inadmissible.

(1) OJ C 78, 29.2.2016.
EN Official Journal of the European Union C 63/8

Order of the Court (Sixth Chamber) of 10 November 2016 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte — Italy) — MB Srl v Società Metropolitana Acque Torino (SMAT) SpA

(Case C-697/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Public contracts - Directive 2004/18/EC - Directive 2014/24/EU - Participation in a call for tenders - Tenderer having omitted to mention in the tender the undertaking’s charges in relation to safety and security at work - That obligation created by case-law - Exclusion from the tendering procedure without the possibility of remedying that omission))

(2017/C 063/12)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Piemonte

Parties to the main proceedings

Applicant: MB Srl

Defendant: Società Metropolitana Acque Torino (SMAT) SpA

Operative part of the order

The principle of equal treatment and the obligation of transparency, as implemented by Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, must be interpreted as meaning that they preclude the exclusion of a tenderer from a tendering procedure for a public works contract following that tenderer’s failure to comply with the obligation to indicate separately in the tender the undertaking’s charges in relation to safety and security at work — the failure to comply with which carries the penalty of exclusion from the procedure — which is not set out expressly in the tender documents or the national rules, but is based on an interpretation of those rules and the filling in of the gaps in those documents carried out by the national court ruling at final instance. The principles of equal treatment and proportionality must also be interpreted as meaning that they do not preclude the possibility of granting that tenderer an opportunity to remedy the situation and to satisfy that obligation within a period prescribed by the contracting authority.

(1) OJ C 106, 21.3.2016.
1.

Articles 49 TFEU and 56 TFEU must be interpreted as not precluding a national provision, such as that at issue in the main proceedings, which imposes on operators wishing to respond to a call for tenders for the grant of concessions in the field of betting and gambling the obligation to provide evidence of their economic and financial standing by means of statements issued by at least two banks, without allowing that standing to be proved also by other means, where such a provision is capable of satisfying the conditions of proportionality laid down by the case-law of the Court, this being a matter for the referring court to ascertain.
EN Official Journal of the European Union C 402/19

Order of the President of the Court of 29 August 2017 — European Commission v Republic of Austria

(Case C-347/15) (1)

(2017/C 402/24)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 129/12

Order of the President of the Court of 9 February 2017 (request for a preliminary ruling from the Audiencia Provincial de Álava — Spain) — Laboral Kutxa v Esmeralda Martínez Quesada

(Case C-525/15) (1)

(2017/C 129/15)

Language of the case: Spanish

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 414, 14.12.2015.
EN Official Journal of the European Union C 63/10

Order of the Court (Sixth Chamber) of 10 November 2016 (request for a preliminary ruling from the Tribunale Amministrativo regionale per il Molise — Italy) — Spinosa Costruzioni Generali SpA, Melfi Srl v Comune di Monteroduni

(Case C-162/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Public procurement - Directive 2004/18/EC - Directive 2014/24/EU - Participation in a tendering procedure - Tenderer having failed to refer in the tender to the business charges relating to safety and security at work - Judicial obligation to include such a reference - Exclusion from the contract without the possibility of rectifying that omission))

(2017/C 063/15)

Language of the case: Italian

Referring court

Tribunale Amministrativo regionale per il Molise

Parties to the main proceedings

Applicant: Spinosa Costruzioni Generali SpA, Melfi Srl

Defendant: Comune di Monteroduni

Joined party: I.c.i Impresa Costruzioni Industriali Srl and Others, Alba Costruzioni ScpA, Ottoerre Group Srl

Operative part of the order

The principle of equality of treatment and the duty of transparency, as implemented by Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, must be interpreted as precluding the exclusion of a tenderer from a procedure for the award of a public works contract as a result of the tender’s failure to comply with a requirement to indicate clearly in the tender the business charges relating to safety and security at work — for which the penalty for non-compliance is exclusion from the procedure — a requirement which arises, not expressly from the procurement documents or from national legislation, but from an interpretation of that legislation and the filling of gaps in those documents by the national court adjudicating at last instance. The principles of equality of treatment and of proportionality must also be interpreted as not precluding such a tenderer from being afforded the opportunity of remedying the situation and satisfying that requirement within a time-limit set by the awarding authority.

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 343/17

Order of the Court (Fifth Chamber) of 5 July 2016 (request for a preliminary ruling from the Juzgado de Primera Instancia No 11 de Vigo — Spain) — Banco Popular Español SA, PL Salvador SARL v María Rita Giráldez Villar, Modesto Martínez Baz

(Case C-7/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 93/13/EEC - Unfair terms - Assignment of a claim - Right of the debtor to extinguish his debt - Conditions governing the exercise of that right))

(2016/C 343/26)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 11 de Vigo

Parties to the main proceedings

Applicants: Banco Popular Español SA, PL Salvador SARL

Defendants: María Rita Giráldez Villar, Modesto Martínez Baz

Operative part of the order

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that it does not apply to national legislation, such as that at issue in the main proceedings, relating to the right of the person owing a debt that has been assigned by the creditor to a third party to extinguish his debt by reimbursing to that third party the price paid by the latter in respect of that assignment.

(1) OJ C 118, 4.4.2016.
EN Official Journal of the European Union C 112/12

Order of the Court (Sixth Chamber) of 12 January 2017 (request for a preliminary ruling from the Kúria — Hungary) — Magyar Villamos Művek Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság

(Case C-28/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Value added tax - Directive 2006/112/EC - Articles 2, 9, 26, 167, 168 and 173 - Deduction of input tax - Taxable person simultaneously carrying out economic and non-economic activities - Holding company supplying services to its subsidiaries free of charge))

(2017/C 112/17)

Language of the case: Hungarian

Referring court

Kúria — Hungary

Parties to the main proceedings

Applicant: Magyar Villamos Művek Zrt.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság

Operative part of the order

Articles 2, 9, 26, 167, 168 and 173 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, in so far as the involvement of a holding company, such as that at issue in the main proceedings, in the management of its subsidiaries, where it has charged those subsidiaries neither for the cost of the services procured in the interest of the group of companies as a whole or in the interest of certain of its subsidiaries, nor for the corresponding VAT, does not constitute an ‘economic activity’, within the meaning of that directive, such a holding company does not have the right to deduct input VAT paid in respect of those services in so far as those services relate to transactions falling outside the scope of that directive.

(1) OJ C 156, 2.5.2016.
EN Official Journal of the European Union C 86/22

Order of the President of the First Chamber of the Court of 6 December 2016 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — proceedings brought by „Starptautiskā lidosta ‘Riga’ VAS, intervener: Konkurences padome

(Case C-159/16) (1)

(2017/C 086/27)

Language of the case: Latvian

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 191, 30.5.2016.
EN Official Journal of the European Union C 168/19

Order of the Court (Fifth Chamber) of 15 March 2017 (request for a preliminary ruling from the Cour d’appel de Versailles — France) — Enedis, SA v Axa Corporate Solutions SA, Ombrière Le Bosc SAS

(Case C-515/16) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Articles 107 and 108 TFEU - State aid - Concept of ‘intervention by the State or through State resources’ - Solar power - Obligation to purchase at a price higher than the market price - Compensation in full - No prior notification))

(2017/C 168/24)

Language of the case: French

Referring court

Cour d’appel de Versailles

Parties to the main proceedings

Applicant: Enedis, SA

Defendants: Axa Corporate Solutions SA, Ombrière Le Bosc SAS

Operative part of the order

1) Article 107(1) TFEU must be interpreted as meaning that an obligation, such as that introduced by the national legislation at issue in the main proceedings, to purchase electricity generated by plants which use solar radiation energy at a price higher than the market price and that is financed by all final consumers of electricity must be regarded as intervention by the State or through State resources.

2) Article 108(3) TFEU must be interpreted as meaning that where a national measure constituting State aid within the meaning of Article 107(1) TFEU has not been notified to the European Commission in advance, it is for the national courts to draw all the inferences of that unlawfulness, in particular as regards the validity of the measures implementing that measure.

(1) OJ C 475, 19.12.2016.
EN Official Journal of the European Union C 129/13

Order of the President of the Court of 18 January 2017 (request for a preliminary ruling from the Finanzgericht Münster — Germany) — X v Finanzamt I

(Case C-238/16) (1)

(2017/C 129/19)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 343, 19.9.2016.
EN Official Journal of the European Union C 300/9

Order of the Court (Sixth Chamber) of 19 July 2017 — Lysoform Dr. Hans Rosemann GmbH, Ecolab Deutschland GmbH v European Chemicals Agency

(Case C-666/16 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Regulation (EU) No 528/2012 - Making available on the market and use of biocidal products - Article 95 - European Chemicals Agency (ECHA) - Publication of a list of active substances - Inclusion of a company as a supplier of an active substance))

(2017/C 300/12)

Language of the case: English

Parties

Appellants: Lysoform Dr. Hans Rosemann GmbH, Ecolab Deutschland GmbH (represented by: M. Grunchard and K. Van Maldegem, avocats, and P. Sellar, Advocate)

Other party to the proceedings: European Chemicals Agency (represented by: M. Heikkilä and C. Buchanan, Agents, and P. Oliver, Barrister)

Operative part of the order

1. The appeal is dismissed.

2. Lysoform Dr. Hans Rosemann GmbH and Ecolab Deutschland GmbH shall pay the costs.

3. Lysoform Dr. Hans Rosemann GmbH, Ecolab Deutschland GmbH, the European Chemicals Agency (ECHA), BASF SE and Oxea GmbH shall each bear their own costs relating to the application for leave to intervene.

(1) OJ C 53, 20.2.2017.
EN Official Journal of the European Union C 202/13

Order of the President of the Court of 24 March 2017 (request for a preliminary ruling from the Letrado de la Administración de Justicia del Juzgado de lo Social no2 de Terrassa — Spain) — Elena Barba Giménez v Francisca Carrión Lozano

(Case C-269/16) (1)

(2017/C 202/20)

Language of the case: Spanish

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 279, 1.8.2016.
2.

The second sentence of the second subparagraph of Article 3(1) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests must be interpreted as meaning that an operational programme, for the purposes of Article 9(f) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, such as the operational programme ‘Agriculture and rural development’, approved by Commission Decision C(2000) 2878 of 30 October 2000, does not come within the concept of ‘multiannual programme’, within the meaning of the first of those provisions, unless that programme is already covered by concrete actions to be implemented, which is to be determined by the referring court.
EN Official Journal of the European Union C 424/15

Order of the Court (Tenth Chamber) of 12 October 2017 (request for a preliminary ruling from the Commissione tributaria di Secondo Grado di Bolzano — Italy) — Agenzia delle Entrate — Direzione provinciale Ufficio controlli di Bolzano v Palais Kaiserkron Srl

(Case C-549/16) (1)

((Reference for a preliminary ruling - Taxation - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 401 - Concept of ‘turnover tax’ - Leasing of immovable property used for the purposes of trade - Liability to pay registration duty and VAT))

(2017/C 424/21)

Language of the case: Italian

Referring court

Commissione tributaria di Secondo Grado di Bolzano

Parties to the main proceedings

Applicant: Agenzia delle Entrate — Direzione provinciale Ufficio controlli di Bolzano

Defendant: Palais Kaiserkron Srl

Operative part of the order

Article 401 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as not precluding the charging of a proportional registration duty affecting commercial leases, such as that laid down by the national legislation at issue in the main proceedings, even when those leases are also subject to value added tax.

(1) OJ C 30, 30.01.2017
Official Journal of the European Union

Order of the Court (Eighth Chamber) of 2 May 2019 (request for a preliminary ruling from the Corte dei Conti, Italy) — Istituto Nazionale della Previdenza Sociale v Francesco Faggiano

(Case C-524/16) (1)

(Reference for a preliminary ruling - No need to adjudicate)

(2019/C 288/02)

Language of the case: Italian

Referring court

Corte dei Conti

Parties to the main proceedings

Applicant: Istituto Nazionale della Previdenza Sociale

Defendant: Francesco Faggiano

Operative part of the order

There is no need to adjudicate on the request for a preliminary ruling made by the Corte dei Conti (Court of Auditors, Italy) by decision of 5 July 2016.

(1) OJ C 14, 16.1.2017.
EN Official Journal of the European Union C 190/18

Order of the President of the Court of 16 February 2018 — Council of the European Union v PT Ciliandra Perkasa, European Commission, European Biodiesel Board (EBB)

(Case C-605/16 P) (1)

(2018/C 190/26)

Language of the case: English

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 30, 30.1.2017.
EN Official Journal of the European Union C 52/13

Order of the Court (Tenth Chamber) of 30 November 2017 (request for a preliminary ruling from the Tribunale di Torino — Italy) — IJDF Italy Srl v Violeta Fernando Dionisio, Alex Del Rosario Fernando

(Case C-344/17) (1)

((Reference for a preliminary ruling - Consumer contracts - Directive 93/13/EEC - National legislation making it possible to sue the principal debtor and the guarantor before the same court - Derogation from the rules establishing jurisdiction over consumer contracts - Article 99 of the Rules of Procedure of the Court of Justice))

(2018/C 052/18)

Language of the case: Italian

Referring court

Tribunale di Torino

Parties to the main proceedings

Applicant: IJDF Italy Srl

Defendants: Violeta Fernando Dionisio, Alex Del Rosario Fernando

Operative part of the order

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, the second subparagraph of Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that they are not applicable in the context of a dispute relating to the establishment of jurisdiction concerning related cases, since that dispute does not come within the scope of Directive 93/13.

(1) OJ C 330, 2.10.2017.
EN Official Journal of the European Union C 13/10

Order of the President of the Court of 28 September 2017 (request for a preliminary ruling from the Amtsgericht Düsseldorf — Germany) — Jonathan Heintges v Germanwings GmbH

(Case C-74/17) (1)

(2018/C 013/15)

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 151, 15.5.2017.
EN Official Journal of the European Union C 190/19

Order of the President of the Court of 23 February 2018 (request for a preliminary ruling from the Supreme Court — Ireland) — Execution of a European arrest warrant issued in respect of Arkadiusz Piotr Lipinski

(Case C-376/17) (1)

(2018/C 190/32)

Language of the case: English

The President of the Court has ordered that the case be removed from the register.

(1) OJ C 283, 28.8.2017.