ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 315/31

Order of the Court (Third Chamber) of 17 July 2014 (request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság — Hungary) — Delphi Hungary Autóalkatrész Gyártó kft v Nemzeti Adó- és Vámhivatal Nyugat-dunántúli Regionális Adó Főigazgatósága (NAV)

(Case C-654/13) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - VAT - Directive 2006/112/EC - Article 183 - Reimbursement of excess VAT - National rules preventing the payment of default interest on VAT not recoverable within a reasonable period on account of a condition held to be contrary to EU law - Principle of equivalence))

2014/C 315/49

Language of the case: Hungarian

Referring court

Szombathelyi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: Delphi Hungary Autóalkatrész Gyártó kft

Defendant: Nemzeti Adó- és Vámhivatal Nyugat-dunántúli Regionális Adó Főigazgatósága (NAV)

Operative part of the order

EU law, and in particular Article 183 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, must be interpreted as meaning that it precludes legislation and practice of a Member State, such as those at issue in the main proceedings, which prevent the payment of default interest on amounts of value added tax which were not recoverable within a reasonable period and on account of a national provision held to be contrary to EU law. In the absence of EU legislation on the subject, it is for the national law to establish, in conformity with the principles of equivalence and effectiveness, the procedure for the payment of such interest, which must not be less favourable than that applicable to actions based on infringement of domestic law with a similar purpose and cause of action to those based on the infringement of the EU law or be arranged such as to render the exercise of the rights conferred by the European Union legal order impossible in practice or excessively difficult, which it is for the referring court to ascertain in the case before it. The national courts are required, if necessary, to disapply any provision of national law contrary to EU law.

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 56/10

Order of the President of the Second Chamber of the Court of 11 November 2014 — European Commission v Romania

(Case C-406/13) (1)

(2015/C 056/13)

Language of the case: Romanian

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

(1) OJ C 260, 7.9.2013.
Official Journal of the European Union

Order of the President of the Court of 11 November 2014 (request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — Belgacom SA v Commune de Fléron

(Case C-685/13) (1)

(2015/C 016/34)

Language of the case: French

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

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 38/12

Order of the Court (Eighth Chamber) of 6 October 2015 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Ministero della Salute, Ministero dello Sviluppo economico v Ediltecnica SpA

(Case C-592/13) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Article 191(2) TFEU - Directive 2004/35/EC - Environmental liability - National legislation which does not provide for the possibility for the administrator to require the owners of contaminated sites who are not responsible for the contamination to implement preventive and remedial measures and which provides only for the obligation to reimburse the measures carried out by the administration - Compatibility with the ‘polluter pays’ principle, the precautionary principle, the principle of preventive action and the principle that environmental damage should as a priority be rectified at source))

(2016/C 038/15)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Ministero della Salute, Ministero dello Sviluppo economico

Defendant: Ediltecnica SpA

Operative part of the order

Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage must be interpreted as not precluding national legislation such as that at issue in the main proceedings which, in circumstances in which it is impossible to identify the polluter of a site or to have that person adopt remedial measures, do not permit the competent authority to require the owner of that site (who is not responsible for the pollution) to implement preventive and remedial measures, the latter being held responsible only for the reimbursement of expenses related to decontamination measures carried out by the competent authority within the limit of the market value of the site, determined after those measures have been carried out.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 146/6

Order of the Court (Seventh Chamber) of 22 January 2015 — GRE Grand River Enterprises Deutschland GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Villiger Söhne GmbH

(Case C-494/13 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Figurative mark in colour including the word elements ‘LIBERTE american blend’ on a blue background - Opposition by the proprietor of the Community figurative mark including the word elements ‘La LIBERTAD’ - Refusal of registration)

(2015/C 146/08)

Language of the case: German

Parties

Appellant: GRE Grand River Enterprises Deutschland GmbH (represented by: I. Memmler and S. Schulz, Rechtsanwältinnnen)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent), Villiger Söhne GmbH (represented by: B. Pikolin, Rechtsanwältin)

Operative part of the order

1. The appeal is dismissed.

2. GRE Grand River Enterprises Deutschland GmbH is ordered to pay the costs.

(1) OJ C 325, 9.11.2013.
Official Journal of the European Union

Order of the President of the Court of 9 September 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Dorothea Eckert, Karl-Heinz Dallner v Condor Flugdienst GmbH

(Case C-380/14) (1)

(2015/C 016/39)

Language of the case: German

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

(1) OJ C 421, 24.11.2014.
EN Official Journal of the European Union C 409/32

Order of the President of the Court of 10 July 2014 (request for a preliminary ruling from the Amtsgericht Rüsselsheim — Germany) — Henricus Cornelis Maria Niessen, Angelique Francisca Niessen Steeghs, Melissa Alexandra Johanna Niessen, Kenneth Gerardus Henricus Niessen v Condor Flugdienst GmbH

(Case C-119/14) (1)

2014/C 409/46

Language of the case: German

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

(1) OJ C 159, 26.5.2014.
3.

It is for the referring court to assess, in accordance with the legislation, collective agreements and/or national practice, what the nature of the compensation granted to a worker, such as the applicant in the main proceedings, should be in order for that compensation to constitute a sufficiently effective measure to penalise the abuse, within the meaning of Clause 5.1 of the framework agreement on fixed-term work. It is also for the referring court, should it be necessary, to give the relevant provisions of domestic law an interpretation which is, so far as possible, consistent with EU law.
EN Official Journal of the European Union C 431/16

Order of the President of the Court of 12 September 2014 — European Commission v Kingdom of Belgium

(Case C-130/14) (1)

(2014/C 431/25)

Language of the case: French

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

(1) OJ C 159, 26.5.2014.
EN Official Journal of the European Union C 213/22

Order of the President of the Court of 14 April 2015 — European Commission v Grand Duchy of Luxembourg

(Case C-536/14) (1)

(2015/C 213/40)

Language of the case: French

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

(1) OJ C 34, 2.2.2015.
EN Official Journal of the European Union C 146/32

Order of the President of the Court of 10 December 2014 — European Commission v Portuguese Republic

(Case C-116/14) (1)

(2015/C 146/40)

Language of the case: Portuguese

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

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 320/12

Order of the Court (Tenth Chamber) of 16 July 2015 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — P v M

(Case C-507/14) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Absence of reasonable doubt - Jurisdiction in civil matters - Regulation (EC) No 2201/2003 - Article 16(1)(a) - Determination of the time at which a court is seised - Request to stay the proceedings - No effect))

(2015/C 320/16)

Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Applicant: P

Defendant: M

Operative part of the order

Article 16(1)(a) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 must be interpreted as meaning that a court is deemed to be seised at the time when the document instituting the proceedings or an equivalent document is lodged with that court, even where the proceedings have in the meantime been stayed at the initiative of the applicant who brought them, without those proceedings having been notified to the defendant or that defendant having had knowledge of them or having intervened in them in any way, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the respondent.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 294/16

Order of the Court (Second Chamber) of 30 June 2015 — Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission

(Case C-575/14 P) (1)

((Appeal - Arbitration clause - Contract relating to European Union financial support for a project in the context of the ‘eContent’ programme - Termination of the contract by the European Commission - Payment of amounts not paid and compensation for loss allegedly suffered by the applicant - Distortion of evidence in the file - Appeal manifestly inadmissible in part and manifestly unfounded as to the remainder - Application to amend the decision of the General Court of the European Union on costs - Manifest inadmissibility))

(2015/C 294/21)

Language of the case: English

Parties

Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: M. Sfyri and I. Ampazis, dikigoroi)

Other party to the proceedings: European Commission (represented by: L. Cappelletti and S. Delaude, acting as Agents)

Operative part of the order

1. Dismisses the appeal,

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 398/24

Order of the President of the Court of 2 September 2015 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — Ukamaka Mary Jecinta Oruche, Nzubechukwu Emmanuel Oruche v Bundesrepublik Deutschland, in the presence of: Oberbürgermeister der Stadt Potsdam, Emeka Emmanuel Mary Oruche

(Case C-527/14) (1)

(2015/C 398/32)

Language of the case: German

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

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 320/3

Order of the Court of Justice (Sixth Chamber) of 15 July 2015 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Agenzia delle Entrate v Nuova Invincibile

(Case C-82/14) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Sixth Directive 77/388/EEC))

(2015/C 320/04)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Applicant: Agenzia delle Entrate

Defendant: Nuova Invincibile

Operative part of the order

Articles 2 and 22 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, must be interpreted as precluding a national provision such as that of Article 9(17) of the Law No 289 of 27 December 2002 on provisions for the preparation of the annual and multiannual State budget (2003 Finance Law), which, having regard to an earthquake that struck the provinces of Catania, Ragusa and Syracuse, provides for a reduction, for the benefit of those persons affected, of 90 % of the value added tax which would otherwise be payable for the years of 1990 to 1992, inter alia by conferring an entitlement to reimbursement, in that proportion, of the sums already paid in respect of value added tax, in so far as that provision does not comply with the requirements of the principle of fiscal neutrality, and does not allow for the collection in full of value added tax payable in the territory of Italy.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 270/7

Order of the Court (Seventh Chamber) of 7 April 2016 — (request for a preliminary ruling from the Tribunale di Bari — Italy) — Criminal proceedings against Nicola Seminario

(Case C-437/14) (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 270/08)

Language of the case: Italian

Referring court

Tribunale di Bari

Criminal proceedings against

Nicola Seminario

Operative part of the order

1. Articles 49 TFEU and 56 TFEU and the principles of equal treatment and effectiveness must be interpreted as not precluding national legislation on betting and gaming, such as that at issue in the main proceedings, which provides for the organisation of a new call for tenders for the award of licences with a shorter period of validity than that of the licences awarded in the past on account of the reorganisation of the system through the alignment of licence expiry dates.

2. 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 448, 15.12.2014.
EN Official Journal of the European Union C 38/14

Order of the Court (Third Chamber) of 6 October 2015 (request for a preliminary ruling from the Tribunale ordinario di Torino) — Ford Motor Company v Wheeltrims srl

(Case C-500/14) (1)

(Reference for a preliminary ruling - Designs - Directive 98/71/EC - Article 14 - Regulation (EC) No 6/2002 - Article 110 - So-called ‘repair’ clause - Use by a third party of a mark, in the absence of the proprietor’s consent, for spare parts or accessories for motor vehicles identical to the goods in relation to which the trade mark is registered)

(2016/C 038/18)

Language of the case: Italian

Referring court

Tribunale ordinario di Torino

Parties to the main proceedings

Applicant: Ford Motor Company

Defendant: Wheeltrims srl

Operative part of the order

Article 14 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Article 110 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs must be interpreted as precluding, by way of derogation to the provisions of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks and Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, a manufacturer of spare parts and accessories for motor vehicles, such as hub caps, from affixing to its goods a sign which is identical to a registered trade mark, inter alia for such goods, by a manufacturer of motor vehicles, without the consent of the latter, on the ground that the use which would thus be made of that trade mark constitutes the only means of repairing the vehicle at issue by restoring its original appearance as a complex product.

(1) OJ C 46, 9.2.2015.
Official Journal of the European Union

Order of the Court (Sixth Chamber) of 6 September 2016 — Lidl Stiftung & Co. KG v European Union Intellectual Property Office

(Case C-224/14 P) (1)

((Appeal - EU trade mark - Article 181 of the Rules of Procedure of the Court of Justice - Appeal manifestly inadmissible or manifestly unfounded))

(2016/C 454/11)

Language of the case: English

Parties

Appellant: Lidl Stiftung & Co. KG (represented by: M. Wolter, M. Kefferpütz and A.K. Marx, Rechtsanwälte)

Other party to the proceedings: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Operative part of the order

1. The appeal is dismissed.

2. Lidl Stiftung & Co. KG shall pay the costs.

(1) OJ C 282, 25.8.2014.
EN Official Journal of the European Union C 279/2

Order of the Court (Sixth Chamber) of 21 April 2016 — Royal Scandinavian Casino Århus I/S v European Commission, Kingdom of Denmark, Betfair Group plc, Betfair International Ltd, European Gaming and Betting Association (EGBA)

(Case C-541/14 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Action for annulment - Article 263, fourth paragraph, TFEU - Right to bring an action - Locus standi - Natural or legal persons - State aid - Decision declaring an aid scheme compatible with the internal market - Act of individual concern to the appellant - Regulatory act not entailing implementing measures))

(2016/C 279/02)

Language of the case: Danish

Parties

Appellant: Royal Scandinavian Casino Århus I/S (represented by: B. Jacobi, advokat)

Other parties to the proceedings: European Commission (represented by: L. Grønfeldt and M. P-J. Loewenthal, acting as Agents), Kingdom of Denmark (represented by: M. C. Thorning, acting as Agent and R. Holdgaard, advokat), Betfair Group plc, Betfair International Limited (represented by: O. Brouwer, A. Pliego Selie and M. Groothuismink, advocaten), European Gaming and Betting Association (EGBA) (represented by: J. Heithecker, C.-D. Ehlermann and J. Ylinen, Rechtsanwälte)

Operative part of the order

1. The appeal is dismissed.

2. Royal Scandinavian Casino Århus I/S is ordered to pay the costs.

3. The Kingdom of Denmark is ordered to bear its own costs.

(1) OJ C 34, 2.2.2015.
EN Official Journal of the European Union C 38/46

Order of the President of the Court of 21 October 2015 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Colena AG v Deiters GmbH

(Case C-78/15) (1)

(2016/C 038/58)

Language of the case: German

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 398/9

Order of the Court (Sixth Chamber) of 8 September 2015 — (request for a preliminary ruling from the Cour de cassation — France) — Criminal proceedings against Cdiscount SA

(Case C-13/15) (1)

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Directive 2005/29/EC - Consumer protection - Unfair commercial practices - Price reduction - Marking or display of reference price))

(2015/C 398/11)

Language of the case: French

Referring court

Cour de cassation

Criminal proceedings against

Cdiscount SA

Operative part of the order

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) must be interpreted as precluding provisions of national law, such as those at issue in the main proceedings, which lay down a general prohibition of announcements of price reductions which do not show the reference price when the price is marked or displayed, without providing for an assessment case by case allowing it to be determined whether the announcements are unfair, in so far as those provisions pursue objectives relating to consumer protection. It is for the referring court to determine whether that is so in the case in the main proceedings.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 136/2

Order of the Court (Ninth Chamber) of 21 January 2016 — Internationaler Hilfsfonds eV v European Commission

(Case C-103/15 P) (1)

((Appeal - Access to EU institution documents - Actions in areas interesting developing countries - Refusal to grant access to certain documents of the file concerning contract ‘LIEN 97-2011’ - Execution of a judgment of the General Court))

(2016/C 136/03)

Language of the case: German

Parties

Appellant: Internationaler Hilfsfonds eV (represented by: H.-H. Heyland, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: P. Costa de Oliveira and T. Scharf, acting as Agents)

Operative part of the order

1. The appeal is dismissed.

2. Internationaler Hilfsfonds eV shall pay the costs.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 78/10

Order of the Vice-President of the Court of 18 December 2015 — Court of Justice of the European Union v Luigi Marcuccio

(Case C-77/15 P) (1)

(2016/C 078/13)

Language of the case: Italian

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

(1) OJ C 138, 27.4.2015.
EN Official Journal of the European Union C 260/37

Order of the President of the Court of 10 March 2016 — European Commission v Federal Republic of Germany

(Case C-546/15) (1)

(2016/C 260/45)

Language of the case: German

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

(1) OJ C 7, 11.1.2016.
EN Official Journal of the European Union C 200/16

Order of the President of the Court of 17 March 2016 — European Commission v Hellenic Republic

(Case C-540/15) (1)

(2016/C 200/23)

Language of the case: Greek

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

(1) OJ C 7, 11.1.2016.